Answering Our Clients' Most Common Criminal Defense Questions
Aug. 30, 2024
Criminal defense can be a challenging subject to manage, especially if you or someone you know is facing criminal charges. Understanding the basics of criminal defense in Florida can help clarify what you can expect and how you should proceed.
At Defend Ocala, our team of attorneys is experienced in handling a wide variety of criminal defense cases, including drug crimes, domestic violence, and DUI. Here are some commonly asked questions about criminal defense that can provide valuable insights into the process.
What Is Criminal Defense?
Criminal defense is the area of law focused on protecting the rights of individuals accused of committing crimes. It involves defending clients in court, negotiating with prosecutors, and working to achieve the best possible outcome for those facing charges. In Florida, criminal defense encompasses a range of activities, from investigating the facts of a case to representing clients during trials.
What Are the Main Types of Criminal Offenses in Florida?
Criminal offenses in Florida can be broadly categorized into felonies and misdemeanors. Felonies are more serious offenses that can result in substantial prison time and hefty fines. Examples include murder, sexual assault, and robbery. Misdemeanors are less severe but can still lead to significant penalties, such as jail time or community service. Examples include petty theft and simple assault.
What Are the Most Common Criminal Charges in Ocala?
Ocala sees a range of criminal charges, many of which fall into a few common categories:
DUI (Driving Under the Influence): Florida has strict DUI laws, and penalties can include license suspension, fines, and jail time.
Drug offenses: Possession, trafficking, and manufacturing charges are serious and often carry harsh penalties.
Assault and battery: Charges can range from simple assault to aggravated battery depending on the circumstances.
Theft and burglary: These include shoplifting, grand theft, or entering a structure with intent to commit a crime.
Domestic violence: Allegations often result in immediate protective orders and mandatory court appearances.
Each of these charges can carry severe consequences, including jail time, fines, and a criminal record. An experienced Ocala defense attorney can help you understand the charges and develop the best strategy for your defense.
What Should I Do If I Am Arrested?
If you’re arrested in Florida, stay calm and follow a few key steps. First, remain silent and don’t answer any questions without your lawyer present. Anything you say can be used against you in court. Second, contact a criminal defense attorney as soon as possible. Your lawyer will help you understand your rights and guide you through the legal process. Finally, make sure you comply with all legal procedures, including attending scheduled court appearances.
How Can a Criminal Defense Lawyer Help Me?
A criminal defense lawyer plays a crucial role in defending your case. They’ll work to protect your rights by challenging the prosecution’s evidence, negotiating plea deals, and representing you during trial.
A skilled criminal defense lawyer can help minimize the charges against you or even have them dismissed entirely. They will also advise you on the best course of action and help you understand the potential consequences of each decision.
What Are the Common Defenses Used in Criminal Cases?
In Florida, several common defenses may be employed in criminal cases. These include:
Self-defense: This defense argues that the accused acted to protect themselves from imminent harm.
Alibi: This defense provides evidence that the accused was somewhere else when the crime occurred.
Insanity defense: This claims that the accused wasn’t mentally capable of understanding the nature of their actions at the time of the offense.
Lack of evidence: This argues that there is insufficient evidence to support the charges against the accused.
What Happens If I’m Convicted of a Crime?
A criminal conviction in Ocala can have serious, long-lasting consequences, both legal and personal. The specific penalties depend on the severity of the charge (misdemeanor vs. felony), prior convictions, and the circumstances of the case.
Possible consequences include:
Jail or prison time
Fines and court costs
Probation or community service
Mandatory counseling or classes (especially in DUI or domestic violence cases)
Driver’s license suspension
Loss of civil rights (such as the right to vote or own a firearm, in some felony cases)
Beyond the courtroom, a conviction can also impact employment opportunities, housing applications, professional licenses, and immigration status.
In some cases, an attorney may be able to seek alternatives to conviction, such as pre-trial diversion programs or withholding adjudication, which can reduce or eliminate long-term consequences.
How Does the Criminal Justice Process Work in Florida?
The criminal justice process in Florida typically follows these steps:
Arrest: Law enforcement takes the suspect into custody.
Booking: The suspect is formally charged and recorded in the police system.
First appearance: The suspect appears before a judge who informs them of the charges and sets bail.
Preliminary hearing: The court reviews the evidence to determine if there is enough basis for the case to proceed.
Arraignment: The defendant enters a plea (guilty, not guilty, or no contest).
Trial: If the case goes to trial, both the prosecution and defense present evidence and arguments.
Verdict: The judge or jury delivers a decision based on the evidence presented.
How Does Bail Work?
After an arrest in Ocala, one of the first concerns people have is whether they or their loved one can get out of jail, and that’s where bail comes in. Bail is a financial arrangement that allows someone to be released from custody while their case is pending.
In Florida, the amount of bail is usually determined at the first appearance hearing, which must take place within 24 hours of arrest. Depending on the nature of the charge and the individual’s criminal history, the judge may:
Set a cash bond amount
Allow for a surety bond (through a bail bondsman)
Grant release on recognizance (ROR), meaning you don't have to pay anything but must promise to return to court.
For more serious charges, such as violent felonies or certain drug offenses, bail might be set very high or even denied entirely. That’s why it’s important to have a criminal defense attorney present during the first appearance. They can argue for a lower bond or conditions that favor release.
What Are the Benefits of Hiring a Criminal Defense Attorney Early?
Hiring a criminal defense attorney early in the process can significantly benefit your case. Early intervention allows your lawyer to begin building a strong defense right away. They can start gathering evidence, interviewing witnesses, and identifying legal issues that might impact your case.
Additionally, early legal representation can help you understand the charges against you and manage the legal system more effectively.
How Much Does a Criminal Defense Lawyer Cost in Florida?
The cost of hiring a criminal defense lawyer in Florida can vary widely based on factors like the difficulty of the case and the lawyer’s experience. Some lawyers charge a flat fee, while others may bill by the hour. It’s important to discuss fees upfront and understand what is included in the cost. In some cases, legal aid organizations may offer assistance for those who cannot afford a private attorney.
Can I Represent Myself in a Criminal Case?
While it’s legally possible to represent yourself in a criminal case, it’s generally not recommended. Criminal defense involves intricate legal procedures and requires a deep understanding of the law. Without proper legal training, you may struggle to effectively challenge evidence, negotiate with prosecutors, or present a convincing argument in court.
A criminal defense lawyer can provide invaluable support and increase your chances of achieving a favorable outcome.
What Happens If I’m Convicted of a Crime?
If you’re convicted of a crime in Florida, the court will impose a sentence based on the severity of the offense and other factors. Sentences can include jail time, probation, fines, and restitution to victims. A conviction can also have long-term effects on your life, such as difficulties finding employment or housing.
How Can I Avoid a Criminal Record?
Avoiding a criminal record often involves taking proactive steps to avoid legal trouble in the first place. However, if you’re facing charges, working with a criminal defense lawyer can help. They can help negotiate for reduced charges or seek alternatives to a criminal conviction, such as a diversion program or expungement. Expungement is a legal process that removes certain convictions from your record, although not all offenses are eligible for this option.
Can a Criminal Record Be Expunged or Sealed in Florida?
If you’ve been arrested or charged with a crime, even if you weren’t convicted, that record can still show up in background checks, which is why many people ask about expungement and record sealing.
In Florida, expungement removes the record from public view entirely and allows you to legally deny the arrest in most cases. Sealing means the record isn't accessible to the general public, but certain agencies may still see it.
Eligibility depends on a number of factors, including:
Whether you were convicted (you can’t seal or expunge a conviction in Florida)
Whether you’ve had a prior record sealed or expunged
Whether adjudication was withheld
The type of offense involved (some offenses, like sex crimes or violent felonies, aren't eligible).
A local defense attorney can help determine if you’re eligible and guide you through the application process, which can take several months but may significantly improve your future opportunities.
What Are My Rights During a Criminal Investigation?
During a criminal investigation, you have several important rights:
Right to remain silent: You don’t have to answer questions from law enforcement or other authorities.
Right to an attorney: You have the right to consult with a lawyer before speaking with investigators.
Right to a fair trial: You are entitled to a fair trial where evidence is presented and evaluated impartially.
Right to be informed of charges: You must be informed of the charges against you and given an opportunity to respond.
How Can I Prepare for Court?
Preparing for your day in court involves several steps. First, review all case materials and discuss them thoroughly with your lawyer. Understand the charges against you, the evidence that will be presented, and the potential defenses. Dress appropriately for court and arrive on time. Follow your lawyer’s advice on how to conduct yourself in the courtroom, including how to respond to questions and when to speak.
What Should I Do If I Believe My Rights Have Been Violated?
If you believe your rights have been violated during the criminal justice process, it’s important to address these concerns promptly. Discuss the issue with your lawyer, who can advise you on the best course of action. They may file a motion to suppress evidence obtained illegally or seek other remedies. Violations of rights can impact the outcome of your case and may lead to legal challenges.
How Does the Plea Bargaining Process Work?
Plea bargaining is a negotiation process between the defense and the prosecution. The defendant agrees to plead guilty or no contest to some or all of the charges in exchange for a more favorable outcome, such as reduced charges or a lighter sentence.
Plea bargaining can be an effective way to resolve a case without going to trial, but it’s crucial to discuss the terms with your lawyer to understand the potential consequences.
Should I Accept a Plea Deal or Go to Trial?
One of the most critical decisions you’ll face during your criminal case is whether to accept a plea deal or proceed to trial. In Florida, many criminal cases are resolved through plea bargaining rather than going before a judge or jury.
However, choosing the right path depends heavily on the specific facts of your case, your criminal history, and your goals.
When Is Going to Trial a Better Option?
Sometimes, the evidence against you is weak, or there are legal issues that could lead to a dismissal. In these situations, your attorney may advise taking the case to trial, especially if:
You maintain your innocence
The plea deal offered is too harsh
You have a strong legal defense
There's a chance the case could be thrown out due to procedural issues (e.g., illegal search or arrest)
Every case is unique. An experienced criminal defense attorney in Ocala can analyze the strength of the evidence, evaluate potential defenses, and help you weigh the risks and benefits of both options before making a decision.
What Are the Long-Term Effects of a Criminal Conviction?
A criminal conviction can have long-lasting effects on various aspects of your life. Beyond the immediate penalties like jail time or fines, a conviction can impact your future employment opportunities, professional licenses, and personal relationships.
It may also affect your ability to travel or obtain certain government benefits. Addressing these consequences with your lawyer can help you make informed decisions and plan for the future.
Partner With a Dependable Criminal Defense Attorney
Managing the criminal defense process in Florida can be challenging, but understanding these commonly asked questions can help clarify the situation. If you or someone you know is facing criminal charges, it’s crucial to seek guidance from a qualified criminal defense attorney. They can provide the support and representation needed to handle the legal intricacies and work towards the best possible outcome.
When you need an attorney you can depend on for experienced representation, turn to Ocala Defense. We look forward to assisting you. Located in Ocala, Florida, we serve clients throughout Marion and Lake Counties, including Clermont, Leesburg, Tavares, and Eustis.