Areas of Practice
CRIMINAL DEFENSE
When people are arrested and/or charged with having committed a crime they are entitled to have an attorney defend them as well as the right to a fair trial (Jury or Non-Jury), the right to confront the witnesses and evidence against them and the right to require the prosecutor to prove their guilt beyond a reasonable doubt. Mr. Sake has defended hundreds of persons of all ages, all races, all ethnic backgrounds and all sexual orientations against felony charges (murder, robbery, kidnapping, rape, burglary, grand theft) as well as misdemeanor charges (battery, assault, theft, DUI, reckless driving) both as an Assistant Public Defender and as a private attorney.
CIVIL and COMMERCIAL LITIGATION
There are times when disputes arise between individuals and or corporations. When those disputes can not be amicably settled without going to courts one or the other parties brings a lawsuit against the other(s) in the Civil Courts. The party (or parties) bringing the lawsuit is called the Plaintiff and the party (or parties) defending against the allegations is called the Defendant. While most Civil and Commercial litigation result in agreement, sometimes through mediation and sometimes through the efforts of the opposing attorneys to reach an amicable settlement which attempts to be fair to both sides of the dispute. Sometimes that proves impossible and then there is a trial before a Jury or before a Judge who will attempt to determine who is right, who is wrong or whether there should be a decision that is fair that neither party is all right nor all wrong but fair and proper to both. Fred Sake has represented hundreds of parties, both Plaintiffs and Defendants at different times and has tried many dozens of cases.
FAMILY LAW
The area of Family Law is extremely broad. It may include a Dissolution of Marriage between spouses or an Adoption of a child or Domestic Dispute or a Juvenile Dependency or a Juvenile Delinquency. In those instances a spouse, a parent or a child is entitled to and should have representation by their attorney. These are some of the most anxious types of cases for the parties involved and almost always the outcome of the case has life-long ramifications. In most family law cases the utmost importance is the health, safety and welfare of the children. Mr. Sake has represented spouses, parents and children in all of these types of cases many times.
Appellate PRACTICE
From the trial court in almost all of the cases outlined above there is a Judgment entered by the Judge of the Court. Sometimes there are also very significant rulings which a Judge may have to make along the way prior to the end of the case. Often, the person or corporation who believes that the Judge may have made a mistake wishes to have a higher Court review the matter. Final Judgements and some of the pre-trial rulings are appealable to a reviewing Court, in Florida, either the Circuit Court or the District Court of Appeal and sometimes to the Supreme Court depending upon the circumstances. There the part which brings the Appeal (called the Appellant) has a lawyer who generally prepares a written Brief for the Court attempting to show why there had been an error made. The party who is defending against the Appeal (called the Appellee) also has a lawyer who prepares a written Brief for the Court attempting to show that there was no error and things should stand as is. Sometimes the Appellant’s lawyer may even file a further or Reply Brief. In many cases the Appeals Court schedules an Oral Argument for the case in order to further understand the issues involved and give the lawyers an opportunity to explain and answer any questions the panel of Appellate Judges may have. Fred Sake has represented both Appellants and Appellees in over 50 different Appeals in the Florida Circuit Courts, District Courts of Appeal and the Supreme Court.