Michael
LaFay
Orlando Trial Attorney
Michael LaFay Trial
Attorney graduated
from the American University Law School in Washington, D.C. in
1983. He was
admitted to the New York Bar in 1984 and the Florida Bar in 1985.
Michael LaFay is board certified in Criminal Law by the Florida
Bar and has achieved an "AV" rating overall, which is the
highest ranking bestowed by Martindale-Hubbell, the national
attorney ranking service. He has practiced in Central
Florida as a trial attorney for the past 22 years and has litigated
over
250 jury trials. During that time, he has served as a criminal
defense attorney and also as a prosecutor with the Office of
Statewide Prosecution
where he specialized in white-collar offenses, racketeering and
narcotic wiretap/conspiracy cases.
Some of the cases that Michael LaFay has recently
tried and won are: 2009 Trafficking in Cocaine: The
client and a codefendant met with a confidential informant
and sold two ounces of cocaine. The client was the driver.
After the jury was selected, the judge sustained an objection
which prevented the State from calling a crucial witness. Rather
than go forward, the State agreed to a sentence of two years
of probation.
2009 Multiple Counts of Robbery with a Firearm, Aggravated Battery
and Aggravated Assault: the victims identified the client as
having robbed them at gun point and pistol-whipped them during
a home invasion. The client confessed. After a three day trial
the jury agreed with the defense that the weapon was a BB pistol.
The robbery charges were reduced and the remaining counts were
reduced to misdemeanors. 2009 DUI: after being stopped for speeding at over 100
mph, the client performed field sobriety exercises. The police
testified that the client failed the exercises
and refused a breath test. Jury verdict: Not guilty. 2008 Attempted First Degree Murder/Kidnapping: during
a meeting with his estranged wife in a crowded parking lot, the client
confined her and attempted to slash her throat, inflicting several wounds.
After a three day jury trial, the jury found him guilty of the lesser
crime of attempted second degree murder. At sentencing the judge considered
expert psychological testimony about the client’s mental state and
imposed a significantly reduced sentence. The case is currently on appeal.
2007 Sexual Battery: the victim alleged that she was
raped by her massage therapist. After a two day trial, the jury acquitted
on all counts. Verdict: Not guilty.
2007 DUI: The client was arrested for DUI after a serious
accident on I-4. He was videotaped at roadside and refused a breath test.
Verdict: Not guilty.
2007 Trafficking in Cocaine, 400 grams or more: The
client was arrested while allegedly handing 500 grams of cocaine to a
confidential informant. After the cross-examination of the informant during
trial, the prosecutor offered a sentence of probation. Because the minimum
sentence was 15 years in prison, the client accepted.
2007 Leaving the Scene of an Accident with Death. The
charges arose from a tragic traffic accident where the client struck two
pedestrians, causing a death. Although the client left the scene of the
accident, he returned at a later time. Verdict: Not guilty
2007 Aggravated Battery. While engaged in struggle at
a nightclub, the victim alleged that the client threw a glass at him and
caused serious injury to his mouth. During cross-examination, the victim’s
credibility was successfully attacked. Verdict: Not guilty.
2006 Attempted Murder: during a vacation in Central
Florida, the client’s wife called 911 and ran screaming from the
hotel room covered with blood. The wife was cross examined for two days
and it was conclusively shown that she had concocted the entire crime
in order to gain an advantage in divorce court. After a ten day trial,
the jury acquitted after one hour of deliberation. Verdict: Not guilty.
2006 Lewd and Lascivious Battery: the client was accused
of molesting a young girl in a salon. After a two day trial, the jury
acquitted on all counts. Verdict: Not guilty.
2006 DUI: the police observed the client driving erratically
and took a statement that he had been drinking beer. The client performed
field sobriety exercises but refused a breath test. Verdict: Not guilty.
2006 DUI: after being stopped for speeding, the client
performed field sobriety exercises and submitted to a breath test. The
breath test was thrown out and the jury determined that the client was
not impaired. Verdict: Not guilty.
2006 DUI: the client was stopped by Altamonte Springs
police and videotaped performing field sobriety exercises. Verdict: Not
guilty.
2006 Attempted Murder: the client and a co-defendant
were accused of requesting a ride and then stabbing the driver. During
the three day trial, it was proved that the co-defendant had acted
alone. Verdict: Not guilty.
Michael LaFay practices criminal law and his reported
cases are as follows: * Ruffkin vs. State, 549 So2d 250 (5th
DCA 1989) * Bain v. State, 642 So2d 578 (5th DCA 1994) * Boschen v. State, 647 So2d 1054 (5th
DCA 1994) * State v. Nuckolls, 606 So2d 1205 (5th DCA
1992) * Bissell v. State, 605 So2d 878 (5th
DCA 1992) * Howard v. State, 738 So2d 372 (5th DCA
1999) * Atwater v. State, 781 So2d 1149 (5th
DCA 2001) * King v. State, 790 So2d 477 (5th DCA 2002) * Esskuchen v. State, 756 So2d 156 (5th
DCA 2000) * Williams v. State, 892 So2d 1185 (5th DCA
2005) * Fisher v. State, 924 So.2d 914 (5th
DCA 2006) Among Mr. LaFay's awards are:
* Outstanding Lawyers of America, 2003 * Honored for Trial work, DEA Heroin Task Force,
2001
* Meir Award, Orlando Police Department
(Wiretap/Narcotics casework), 2001
* Sheriff's Citation for Excellence, presented
by the Orange County Sheriff's Office, 2001 * Davis Award for Excellence (Medicaid Fraud
Task Force), presented by the Governor, 1997 * Outstanding Speaker Awards, 1996, 1997, and 1999 * American Inns of Court, Executive Committee,
Orlando Chapter, 1990-1995 * Faculty Speaker, Florida Prosecuting Attorneys
Association, 1994, 1996, 1999, 2000 * Faculty Lecturer, Florida Police Academy,
1997-1999 * Author, "Double-celling in the Prisions",
New England Journal on Criminal Confinement, 1983
* Co-Author "The Wrongful Death Action",
Medical Trial Practice Quarterly, 1984 PRACTICE AREAS: Criminal Law Listing in Martindale
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