Criminal Defense
Criminal Law
Criminal defense for all misdemeanors and felonies. Criminal traffic (DUI, Driving while license suspended, reckless driving, moving violations).
If you have been arrested, you have been charged with a crime and could face serious penalties including being sent to jail or even prison. It is critical that you contact an experienced criminal defense attorney that will comb through the facts of your case in order to identify possible defenses, mistakes made by law enforcement that could lead to the case being dismissed, and mitigating facts and circumstances that could lessen the penalties. It is important to understand that you have rights, and we are here to protect and fight for those rights. Equally important is to understand that without an attorney representing you, the State Prosecutor will not negotiate directly with you as it is a violation of their code of ethics.
Florida criminal procedure roadmap:
1. Arrest
At this stage you are being accused and enjoy the presumption of innocence. An arrest can happen in the form of being given a notice to appear on a particular date, or, you may be taken into custody and booked into the jail. If this happens then you will either be able to post bond or a determination is made that a judge will set a bond.
2. First appearance
In this situation it has been determined that the judge will set your bond. At this stage there are only two things that will happen, and only those two things. The Judge will determine if there was probable cause for your arrest, and if so, then what if any bond should be set. It is critical that you contact an attorney at this stage since your attorney can appear with you and protect your rights.
3. Arraignment
At this stage is when the court formally informs you of the charges being brought against you. At this stage you will enter either a plea of guilty or not guilty. It is critical that you contact an attorney to discuss your options.
4. Pre trial conference/case management
At this stage the prosecution and the defense inform the court of where each party is within the process. In many cases there are a lot of moving parts so it is critical that you consult with an attorney.
5. Trial/Pre-Trial resolution
At this stage is when a final determination of your case is made. It is critical that you consult with an attorney prior to arriving at this stage.
Florida maximum criminal penalties:
2nd degree Misdemeanor: 60 days in the County Jail and a $500.00 fine.
1st degree Misdemeanor: 1 year in the County Jail and a $1,000.00 fine.
3rd degree Felony: 5 years in the Florida State Prison and a $5,000 fine.
2nd degree Felony: 15 years in the Florida State Prison and a $10,000 fine.
1st degree Felony: 30 years in the Florida State Prison and a $10,000 fine.
Life Felony: Life in Prison and a $15,000 fine.
Capital Felony: Punishable by Death and no fine.
Do not face these possible penalties alone. If you have been charged with a crime, it is critical that you consult with an attorney as soon as possible.