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Frequently Asked Questions

Q:

Do you take payment plans?

A:

In most cases, yes, we will try to work with clients on a payment plan. However, we cannot offer a payment plan that lasts longer than the time we expect it will take to finish your case. This means the older your case is, the less flexibility we will have on payment options. That is why we always advise prospective clients to bring a criminal defense attorney in Ocala on board as soon as possible.

Q:

Will I have to go to court if I hire you?

A:

Most judges in Marion County require all defendants to appear at all court dates. Whether you're working with a drug crimes attorney in Ocala or facing other charges, there are occasional exceptions: if you currently live out of state or if you hire us far enough in advance of your arraignment date.

In those situations, it can be possible to be excused from attending the arraignment. But the judges in Marion County are likely to require you to appear after that.

Q:

What if the victim wants to drop charges or doesn’t want to prosecute?

A:

When looking for a top-tier criminal defense firm in Ocala, you need a legal team that knows how the local system actually works—especially when it comes to how prosecutors handle victims' input.

Many people mistakenly believe that if a victim does not want to press charges, the state will automatically drop the case. In reality, the victim’s wishes are just one factor among many. Prosecutors often try to keep those wishes under wraps during a case.

The criminal defense lawyers in Ocala, Florida, at Defend Ocala (along with our locations at DaytonaDefense.com and OrlandoDefense.com) work diligently to find out the victim’s actual position independently. Our firm uses this information to build a comprehensive defense strategy.

Because many different factors determine how aggressively a case is prosecuted, hiring a lawyer who knows the ins and outs of the local process allows you to take charge of the situation as early as possible.

Q:

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

A:

When the police read you your rights, that is called being “Mirandized.” And while this is typically a big, dramatic moment on TV or in the movies, it is rarely a big deal in a real case. According to the National Council of State Legislatures, your first appearance before a court occurs within 24 hours of your arrest, meaning the legal process continues regardless of when or if those rights were read.

The reason a lack of Miranda warnings isn't an automatic "get out of jail free card" is that their only purpose has to do with the prosecutor’s ability to use your own statements as evidence against you. Think of all the ways a prosecutor or a local DUI lawyer in Ocala sees crimes proven against someone that don't require a confession from the defendant: witness statements, body cam footage, surveillance footage, breathalyzer results, and police searches of homes and vehicles are just a few. If the police have surveillance footage of someone shoplifting from a store, they don't need a confession to prove their case. Therefore, it probably will not have much impact on the case if they fail to Mirandize the defendant at the time of arrest.

While hearing the Miranda rights might give you an idea of how much trouble someone is really in, whether a person was Mirandized has no bearing on whether there was probable cause to arrest that person or on whether there was other police misconduct.

Q:

Should I hire an attorney now, or should I wait?

A:

If you’re asking yourself whether you need a lawyer, the answer is probably yes. In fact, the answer was probably true a while ago. Typically, the earlier you hire a criminal defense lawyer in Ocala, FL, the more opportunity they have to protect your rights.

While we cannot speak for how other practices operate, our lawyers across DaytonaDefense.com, OrlandoDefense.com, and DefendOcala.com begin working on a case as soon as we are hired.

Consider a scenario immediately after an arrest but before the prosecutor has decided which charges to file in court. When clients hire our firm early, we take immediate steps to present your side of the story and influence that initial decision. Over our decades in criminal defense, we have learned that it is much more effective to work with a prosecutor before formal charges are filed than to try and get them to reverse their decision after the fact. Securing legal counsel early in the process simply provides a stronger foundation than waiting until the last minute.

That principle holds true whether we are discussing charging decisions, plea negotiations, or trial preparation. The sooner you can get our firm on your side, the faster we can begin building your strategic defense.