I was given a ticket and released with a date to appear in court. What do I do?
You should definitely appear in court. It may be that you were cited with a criminal infraction or a civil infraction, but either one of those, if you’re given notice to appear in court, you should be in court. You don’t want your license to get suspended or, worse yet, have a warrant issued… Read More »
Do I need a lawyer if I am being investigated by the DCF?
Absolutely. If the Department of Children and Families is telling you that you’re under investigation as it relates to your conduct towards a child, that you put your hand on a child, you left a red mark on a child, you pushed a child. Even if it’s in a lunch line or in a… Read More »
What should I do if I am arrested in Florida?
You should immediately contact a lawyer. The government is seeking to charge you with a crime, and you need to be defended on that. The first thing you should do after that is make sure that you keep your mouth shut. Do not talk to anyone except your lawyer about the circumstances surrounding your… Read More »
What is sealing or expungement of a criminal record in Florida?
Under Florida law there are certain crimes that upon being found guilty or pleading guilty or no contest to that particular offense are eligible to be sealed. A sealing has to be a petition filed before the court whereby the court will order the actual criminal records sealed. The State Attorney’s office and the… Read More »
What happens if my child is arrested in Florida?
Sometimes individuals don’t feel like a juvenile arrest is serious. In Florida a child can be prosecuted as an adult, even juvenile arrests themselves, and dispositions can follow that juvenile well into adulthood.
What are Miranda rights or Miranda warnings?
In the United States, you have the absolute right to remain silent when you are being accused by law enforcement of having committed a crime. Before a law enforcement officer can conduct a custodial interrogation of you, regarding what happened in a certain criminal case, they’re required to read you your Miranda warnings, which… Read More »
Should I agree to a plea bargain?
Well, there’s many factors involved in plea negotiations and plea bargaining. What I like to do is go over the risk-reward in either a plea bargain or proceeding to trial in any case, and advise my client accordingly.
How will my sentence be decided in Florida?
Well your sentence will be decided by the judge, who makes that determination. The judge makes that determination on a multitude of facts. Not just those surrounding the incident itself, but also of the individual personally. Were there mental health issues? Were there substance abuse issues? Did they assist with law enforcement? There are… Read More »
How do I get out of jail after an arrest in Florida?
Generally speaking, most offenses in the state of Florida entitle you to be given what is called a bond or a bail, which is a monetary obligation that’s put up that ensures your appearance to future court dates. The first opportunity that you may have to get that is at arrest. If you do… Read More »
Can the police conduct a search without a warrant in Florida?
Yes, in Florida, there are many exceptions to the warrant requirement, and police officers may very well conduct a search of your person or property without a warrant given the circumstances. For example, if a police officer smells the odor of marijuana emanating from your vehicle, they may very well be lawfully allowed to… Read More »