Port Orange Criminal Defense Attorneys

7th Judicial Circuit Experience From Both Sides of the Courtroom

When a criminal charge puts your freedom at risk, the attorney you choose matters. At Buckmaster & Ellzey, our criminal defense team brings over four decades of combined legal experience to every case we handle in Port Orange and throughout Volusia County. What sets us apart is direct 7th Judicial Circuit experience: Jeremy Buckmaster served as an Assistant State Attorney in the same circuit that prosecutes Port Orange cases, and both Brian Cantrell and David Elizey served as Assistant Public Defenders in that same circuit. That firsthand knowledge of how the State Attorney’s Office builds and argues its cases informs every defense strategy we develop.

Whether you face a routine charge or a complex matter requiring months of preparation, having a dedicated criminal defense attorney in Port Orange can make a significant difference. Your choice of counsel shapes every stage of the process, and we tailor our approach to the specific facts of your situation.

If you’ve been charged with a crime in Port Orange, don’t wait to get legal guidance. Call (888) 785-6548 or contact us online to request your consultation.

Criminal Defense Cases We Handle in Port Orange

Our attorneys defend clients against a wide range of charges in Port Orange and across Volusia County, including:

• DUI
• Domestic violence
• Drug crimes
• Federal crimes
• Sex crimes
• Internet crimes
• Juvenile crimes
• Probation violations

From first appearance through trial, we build deliberate legal strategies tailored to the specific charges and circumstances each client faces.

Misdemeanors & Felonies Under Florida Law

Florida classifies crimes as misdemeanors or felonies. The charge level determines the court that hears the case, the potential penalties, and how the prosecution approaches it.

• Misdemeanor Offenses: Misdemeanors carry a maximum of one year in county jail and fines up to $1,000. These cases are heard in County Court.
• Felony Offenses: Felonies are punishable by more than one year in state prison, with fines that vary by degree. Felony matters are heard in Circuit Court.

In Volusia County, the Seventh Judicial Circuit Court handles felony cases while County Court handles misdemeanors. Knowing which court governs your charge and how each operates is a practical advantage we bring to your defense from day one.

How a Criminal Case Moves Through the Volusia County System

Criminal matters in Port Orange typically begin with an investigation and arrest by the Port Orange Police Department or the Volusia County Sheriff’s Office. After booking and an initial appearance before a judge, an arraignment follows where the court reads the charges and you enter a plea.

Pretrial phases can involve motion hearings, bail modification requests, and discovery disputes governed by the Florida Rules of Criminal Procedure. Many cases resolve through plea negotiations with the Volusia County State Attorney’s Office before reaching trial. Jeremy Buckmaster served in that same office as an Assistant State Attorney from 2005 to 2006, giving our team a working knowledge of how prosecutors in this circuit approach and evaluate their cases.

When no agreement is reached, the matter proceeds to trial in the Seventh Judicial Circuit Court, which maintains courthouse locations in Daytona Beach and DeLand. Understanding how local judges handle evidence and schedule hearings matters at every stage of a Port Orange defendant’s case.

Why Representation Matters

Appearing without a defense attorney places you at a serious disadvantage. A criminal defense lawyer brings procedural knowledge, courtroom presence, and a working understanding of local law enforcement practices that can meaningfully shape your case. Our team stays informed about the procedures of both the Port Orange Police Department and the Volusia County Sheriff’s Office. Brian Cantrell served as an Assistant Public Defender in the 7th Judicial Circuit from 2010 to 2016, building direct courtroom experience in the same Volusia County courts that would hear your case. David Elizey served as an Assistant Public Defender from 2009 to 2013 and has served continuously as a Judge Advocate in the US Air Force and Florida Air National Guard since 1996.

• Case Guidance: Your attorney alerts you to significant developments and helps you understand what to expect at each stage under Florida’s criminal procedure rules.
• Paperwork and Filing: Timely, correct filing is required at every stage of a Florida criminal case. We handle these requirements so nothing is missed.
• Legal Protection: A defense lawyer helps you avoid self-incrimination during post-arrest interactions with law enforcement and protects your rights throughout the process.
• Strategy: Your attorney analyzes the facts, identifies weaknesses in the prosecution’s case, and builds a defense tailored to the specific charges you face.

Why Port Orange Clients Choose Buckmaster & Ellzey

Our most concrete advantage for Port Orange criminal defense clients is the insider perspective we bring to the Volusia County court system. Jeremy Buckmaster’s service as an Assistant State Attorney in the 7th Judicial Circuit from 2005 to 2006 gives our team a working knowledge of how the office that prosecutes Port Orange cases structures its arguments and evaluates its evidence. Combined with the defense-side experience Brian Cantrell and David Elizey gained as former Assistant Public Defenders in the same circuit, we understand the criminal case process from multiple vantage points.

Credentials & Recognition

Jeremy Buckmaster was named a 2016 Top Lawyer in Criminal Defense by the Daytona Beach News-Journal and holds a peer-reviewed Martindale-Hubbell rating. He has been a member of the Florida Association of Criminal Defense Lawyers since 2007. David Elizey holds a 10.0 Avvo rating, a peer-reviewed 5.0 out of 5.0 Martindale-Hubbell rating, and has been a member of the Florida Association of Criminal Defense Lawyers since 2012.

What You Get When You Work With Our Team

When you work with our Port Orange criminal defense team, you receive:

• 40+ years of combined legal experience in criminal defense
• Direct 7th Judicial Circuit experience from both the prosecution and defense sides
• Peer-reviewed Martindale-Hubbell recognition for both lead attorneys
• Personalized defense strategies built around your specific charges and circumstances

Everyone is entitled to a strong legal defense, and the law presumes innocence until proven guilty. We work diligently to seek the best possible result in your case.

Ready to talk about your case? Call (888) 785-6548 or reach out online to schedule a consultation with our Port Orange criminal defense lawyers.

Frequently Asked Questions

What Are the Possible Consequences of a Criminal Conviction in Volusia County?

A conviction in Volusia County can bring fines, probation, community service, or incarceration, depending on the charge. It can also create a permanent record that affects employment and future opportunities.

How Do Local Law Enforcement Agencies Handle Arrests in Port Orange?

The Port Orange Police Department and the Volusia County Sheriff’s Office follow set Florida law protocols for booking, collecting evidence, and advising you of your rights. Decisions you make immediately after an arrest can affect your entire case, which is why having an attorney involved early matters.

Can I Remove a Criminal Charge From My Record in Florida?

In some cases, Florida law allows you to seal or expunge a criminal charge if you meet the eligibility requirements. Not all offenses qualify, so speak with an attorney to learn what options apply to your situation.

Do I Have to Speak to Police After Being Arrested?

No. You have the right to remain silent. You’re required to provide basic identifying information, but you don’t have to answer questions about the incident without an attorney present.

What Happens at a First Court Appearance in Volusia County?

At your initial appearance, a judge reviews the charges, informs you of your rights, and addresses bond. This step happens quickly after an arrest, so having legal guidance in place early matters.

Will My Case Go to Trial?

Not necessarily. Many criminal cases resolve through plea negotiations, pretrial diversion programs, or agreements with the State Attorney’s Office. A trial may be the right path in some cases, while in others, negotiations may resolve the matter first.

Are There Diversion Programs Available in Volusia County?

Yes. Depending on the charge and your history, you may qualify for pretrial diversion or drug court. Successfully completing a program can lead to reduced charges or dismissal in some cases.

How Long Will a Criminal Conviction Stay on My Record in Florida?

Most convictions remain on your record permanently unless sealed or expunged. Florida has strict eligibility rules, particularly for violent or repeat offenses.

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