Frequently Asked Questions About Criminal Defense

If you or someone you know is facing criminal charges in Ocala, Florida, it’s natural to feel overwhelmed by the intricacies of the legal system. Whether you're dealing with misdemeanor or felony charges, the stakes are high, and understanding your rights and the legal processes involved is crucial. 

A criminal defense attorney like myself, Attorney Jeffery Higgins at Defend Ocala, plays an essential role in protecting those rights, but managing the criminal justice system can still feel challenging for many.

I'll gladly explore the most frequently asked questions about criminal defense in Ocala, Florida, from what to do when arrested to how to choose the right attorney for your case. 

What Should I Do If I’m Arrested?

Getting arrested can be a frightening experience, especially if it’s your first time dealing with the law. The most important thing to remember is to stay calm and remain silent. You have the constitutional right to remain silent, and anything you say can be used against you in court.

You should politely request an attorney and avoid answering questions from law enforcement until your lawyer is present. The sooner you involve an experienced criminal defense attorney, the better your chances of building a strong defense.

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.

How Does the Criminal Justice Process Work in Marion County?

If you're arrested in Ocala, your case will typically be handled through the Fifth Judicial Circuit Court, which serves Marion County. Here's a general overview of what you can expect:

• First appearance: This occurs within 24 hours of your arrest. The judge may set bond or release conditions.

• Arraignment: You'll be formally charged and enter a plea (guilty, not guilty, or no contest).

• Pre-trial motions and hearings: Your attorney may file motions to suppress evidence or dismiss charges.

• Plea bargaining: Many cases are resolved through negotiated pleas rather than going to trial.

• Trial: If your case goes to trial, both sides will present evidence and witnesses before a judge or jury.

• Sentencing: If convicted, the judge will impose a sentence based on state guidelines.

Knowing what to expect at each stage can reduce anxiety and help you and your lawyer plan accordingly.

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 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.

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.

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.

What Is a Plea Deal?

A plea deal, or plea bargain, is an agreement between you and the prosecutor. In exchange for pleading guilty or no contest, the prosecution may:

• Reduce the charges against you

• Recommend a lighter sentence

• Drop certain charges

• Offer probation instead of jail time

While this can be a quicker and less stressful option, pleading guilty means giving up your right to a trial, and the conviction becomes part of your permanent record.

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.

Contact a Criminal Defense Attorney Today

If you have more questions about criminal defense or if you're in need of an experienced criminal defense attorney, don't hesitate to reach out to Defend Ocala today. I serve clients throughout Marion County, Lake County, Clermont, Leesburg, Tavares, and Eustis. Contact my firm today to schedule a consultation.