(407) 245-1232

Criminal Defense and Personal Injury Attorney

MICHAEL H. LAFAY
Partner

Orlando Trial Attorney Michael LaFay 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:

Oustanding Lawyers of America, 2003
Honored for Trial work, DEA Heroin Task Force, 2001
Meir Award, Orlando Police Department (Wiretap/Narcotics caswork), 2001
Sheriff's Citaion 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