FAQ

I’ve been arrested for a crime, now what ?

Because time is of the essence, a person arrested for a crime should consult with an experienced criminal defense attorney. Although the police may have made an arrest, the State Prosecutor makes the final decision as to what (if any) charges will be filed. Often times there are proactive measures that can be taken prior to formal charges being filed […]

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What can be done on a case where there is “NO BOND”?

In certain circumstances, a person is arrested and is held on a “NO BOND”. For instance, if you are arrested for Domestic Battery, you will be held on a “No Bond” until First Appearance. At First Appearance, the Court may set a bond in your case which will allow you to bond out of jail. The Court will probably add special […]

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What is the process to post a bond?

Usually, when a person is arrested there is a monetary bond associated with each charge which must be paid before the arrested person can be  released from jail. If you are able to pay the full bond, normally referred to as a cash bond, (for instance, if the bond is $1000.00 and you can pay $1000.00),  the money is paid directly to […]

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What is First Appearance?

When a person is arrested and is held in jail, the law requires that a  judge review the case within 24 hours of the arrest. In Marion County, this First Appearance hearing is usually held in the morning between 8 and 9 a.m. On weekdays, the Judge and the attorneys are at the courthouse but the inmate remains at the jail and will appear over […]

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What is the difference between a felony and misdemeanor?

In Florida, crimes are ranked in terms of severity and the maximum penalties that may be imposed if an accused is convicted of that particular crime. Misdemeanors are less serious charges and are handled in county court. They are generally punishable by up to one(1) year in the county jail and/or a fine of not more than $1000.00. Felony charges carry more severe […]

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What is an arraignment?

An arraignment is the procedure where the state attorney announces the formal charges in your case and you enter a plea of guilty or not guilty. At a misdemeanor arraignment, the State may offer you a plea deal and the court will allow you to enter a plea of guilty or no contest based upon that plea deal. If you […]

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When are the police allowed to search me?

Typically, the police can only search you or your property if you give consent, there is a search warrant or the search is incident to a lawful arrest. Please note that there are other limited circumstances in which a search may be lawful and that it is important to have an experienced criminal defense attorney review the specific facts and circumstances […]

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What happens if the police didn’t read me my rights?

On television you typically hear the police advise a person being arrested of their rights (known as Miranda rights) as they are being handcuffed. This is not how it happens in real life. In fact, the police are not required to advise an arrested person of these rights at all. The police do however have to advise a person in police […]

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The victim in my case does not wish to press charges, why do I need an attorney?

If probable cause exists, the police have the right to make an arrest even if an alleged victim does not want to press charges.  Similarly, the State can proceed forward with these charges even if the alleged victim does not wish to cooperate or asks that the charges be dropped. The State has the sole discretion in making this decision. The […]

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Do I really need a lawyer for a DUI?

The laws against DUI in the State of Florida are quite severe.  The severity of a conviction for DUI depends upon a number of factors, including your blood alcohol level, and a DUI may under certain circumstances be treated as a felony. Even for a first offense, a conviction for DUI can result in substantial fines, the loss of your driver’s license and […]

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What are the possible ways my case may be resolved?

Typically, criminal cases are resolved in one of the following ways; The State Drops the Charges Being proactive and hiring an experienced defense attorney quickly may led to the State dropping your case.  For example, the fact that the police make an arrest does not necessarily mean that formal charges will be filed by the State Attorney’s Office.  Prior to the […]

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