Florida Criminal Defense – Frequently Asked Questions

Do your best to stay calm, be respectful, and do not argue your case with law enforcement at the scene. You have the right to remain silent and the right to an attorney—politely state that you want to speak with a lawyer and do not answer questions about the incident until you have legal advice. If possible, call a family member or friend to help arrange bond and contact a defense attorney right away.

No. You are never required to answer questions from law enforcement about a crime, whether you are at the scene, at the station, or contacted later by a detective. You may have to provide basic identifying information in some situations, but you do not have to explain what happened, give a statement, or “tell your side of the story” without a lawyer present. Anything you say can be used against you, which is why it is almost always safer to remain silent until you have spoken with an attorney.

Not necessarily. Whether you ultimately serve jail or prison time depends on many factors, including the charge, your prior record, the Florida Criminal Punishment Code scoresheet, the judge, and the strength of the State’s evidence. In many cases—especially for first-time offenders—an attorney may be able to negotiate non-jail resolutions such as diversion, probation, or community-based sanctions.

If you are in custody, you will usually go before a judge within 24 hours of arrest for a first appearance hearing. The judge will inform you of the charges, address your right to counsel, and decide whether you will be released, and on what conditions (bond amount, non-monetary release, no-contact orders, and similar conditions). A defense attorney can argue for your release on the least restrictive terms possible and correct any errors in the arrest affidavit or scoresheet.

Arraignment is a short hearing where the formal charges are read and you enter a plea of guilty, not guilty, or no contest. In most criminal cases, a not guilty plea is entered so the defense has time to review evidence, file motions, and negotiate with the State. If you have hired an attorney, they can often file a written plea of not guilty so you do not have to personally appear, depending on the type of charge and the court’s rules.

Many criminal cases in Florida are resolved before trial through dismissal, diversion, or negotiated plea agreements. Whether your case should go to trial depends on the evidence, available defenses, your goals, and the risks of a potential sentence after trial. Your attorney should walk you through the pros and cons of every option so you can make an informed decision.

In Florida, misdemeanors are generally punishable by up to one year in the county jail, while felonies carry the possibility of more than one year in state prison. Felonies also have more serious long-term consequences for employment, housing, voting rights, firearm rights, and immigration status.

Often, yes. Criminal charges filed in Florida usually must be resolved in Florida courts, which may require at least some in-person appearances. Depending on the type of case and the judge’s preferences, your attorney may be able to handle certain hearings on your behalf and work to minimize travel.

Not without talking to a defense attorney. Plea offers can have serious consequences for your record, your license, your immigration status, and your future. An experienced attorney can review the evidence, identify potential defenses and motions, and negotiate for better terms or alternative resolutions where appropriate.

No lawyer can promise that charges will be dropped, but there are many situations where cases can be dismissed or significantly reduced. Weak evidence, constitutional violations (such as unlawful stops or searches), uncooperative witnesses, and legal issues with the charging document can all create opportunities to seek dismissal or reduction. Part of our job is to identify and aggressively pursue those opportunities in your case.

Not always. Some charges can be dismissed, and others may qualify for record sealing or expungement if you meet the strict eligibility requirements under Florida law. Even when those options are not available, an attorney can sometimes negotiate outcomes that reduce the long-term impact on your record.

Legal fees depend on the type of charge, complexity of the case, and whether the matter is likely to go to trial. Most criminal defense attorneys in Florida charge flat fees for specific stages of a case and may offer payment plans in appropriate situations. At our office, we discuss fees openly at your consultation so you understand the cost and scope of representation before you make any decisions.

If you have questions about your specific situation, we encourage you to contact our office to discuss your case with an attorney.