Criminal Law FAQ for FL that Might Help You if You Get Arrested

What is the difference between a Felony and a Misdemeanor?

A felony is a more serious offense, and carries harsher potential punishment as a result.  There are also different degrees of Felonies and Misdemeanors.  The more serious the degree, the higher the potential penalties.  The most serious misdemeanor (first degree), will have a maximum penalty of 364 days in jail.  For this amount of time you will be housed at the county local jail.  For the least serious category of felony (third degree), you face a maximum penalty of 5 years in prison.

For the most serious felonies, you could potentially serve a life prison sentence or be sentenced to the death penalty in the state of Florida.  For all criminal sentences over 366 days, the person is sent to prison, where they are housed at one of the Department of Corrections locations.  These locations vary depending on the severity and type of the offense.  The policies of the prison system also determine someone’s prison location.

To learn more about Felonies in Florida – https://www.hgilbertlaw.com/federal-crimes.php

To learn more about Misdemeanors in Florida –  https://www.hgilbertlaw.com/misdemeanor.php

Do I need a lawyer for court if I was given a notice to appear?

If you were given a notice to appear in court that is the same thing as being arrested.  You can be happy that you didn’t have to experience going to County jail.  However, understand that the officer who gave you the notice had the option to physically arrest you, and force you to post bond in order to be released from jail.

You are still facing a criminal prosecution.  On offenses such as shoplifting, possession of alcohol by a minor, or possession of marijuana it is often the case that you will be released rather than taken to jail at the time of the arrest.  You still should retain a lawyer to protect your rights.  These misdemeanor crimes still carry the potential for jail time, probation, license suspensions and other fines or costs.  A conviction for one of these offenses can be very damaging.  Let us protect your rights no matter how big or small the criminal issue.  

How do I get someone out of jail if they have been arrested?

If someone you know has been arrested in the State of Florida, they are entitled to be released on a reasonable bond unless the crime is a capital crime, or a felony that is punishable by life in prison.

For all non-capital crimes, there are set bond amounts that increase as the level of the criminal act becomes more severe.  For example a bond for a 1st DUI may be $1,000.00, whereas a bond for a burglary or robbery will be higher.

If someone has little or no criminal history, often times the court will release someone on pre-trial release, which means that they will not have to post a monetary bond, but will be monitored by pre-trial services instead.  As long as the person complies with pre-trial services, then they will remain out of jail during the case.  If there is a violation of the terms of pre-trial services, the court may issue a warrant and then require a bond.

In order to get someone out of jail, call one of our lawyers quickly so we can argue in Court for your loved one’s release.  A Capital Crime or one with a maximum punishment of life in prison requires a special bond hearing known as an Arthur Hearing.

What is an Arthur Hearing?

If someone has been charged with a capital crime in Florida then they will not be entitled to a bond.  However, a lawyer can request an Arthur Hearing, which is like a mini-trial.  If the judge finds that after hearing the facts of the case that a bond is appropriate, then the person may be given a bond or ankle monitor, or combination of the two.  Hire one of our trained criminal lawyers if someone is facing a serious criminal prosecution.  We will fight for their release and protect their rights later in trial if necessary.

I Think I Might Have an Outstanding Warrant.  How Can I Find Out in Florida

Depending on the type of warrant, you may be able to find out by looking in the clerk of courts public records.  Do a search under your name and date of birth and look for the open case in question.

If you have missed a court date or a warrant is outstanding for some reason on an already open case then you should be able see this information.  If a police detective or other agency has a warrant out for your arrest, this may not be public information.  A trained criminal lawyer will have to contact law enforcement on your behalf to find out this information for you.  Contact us today if you think you may have a warrant so we can help you through this legal issue.

I missed my court appearance, what do I do?

If you have missed your court appearance, than it is likely that you will have a warrant out for your arrest.  While the police will most likely not be coming to look for you or following you, if they do come in contact with you and a warrant is in the system, then they will take you to jail.  Contact one of our lawyers immediately so we can file a motion with the court to lift the warrant. This way you won’t have to worry about this hanging over your head.  We have experience in lifting warrants in every type of criminal case and are here to help you.

What happens if the cops don’t read me my Miranda rights?  Can my case be thrown out of court?

It is a common misconception that if the police don’t read you your rights that they have done something wrong.  The police are only required to read you your rights if they have you in police custody and are asking you questions.  In that case if they fail to read Miranda then your statements can be thrown out of court.  However, this will not dismiss the entire case.

If law enforcement wants to question you, you should refuse to speak with them until you have called us to be present to protect your rights.  You should refuse to speak to them, even if they don’t read you your rights.

If I was arrested for a drug offense will I be sent to rehab?

If you were arrested for a drug crime in Florida then there is no mandatory drug rehabilitation.  However, often times going to rehab helps people not only get their lives back on track, but also avoid jail time or a conviction.  There are special drug courts for people charged with possession that are 1st time offenders.  Completing the drug court program will not only get you counseling but may also result in your case ultimately being dismissed.

If you are charged with selling drugs then the drug court won’t accept you.  However, that does not mean that hope is lost.  We have successfully argued for many people arrested with delivery of narcotics, purchase of narcotics, and trafficking to have mere possession charges filed, making them eligible for drug court and a dismissal.

For more information on drug offenses in Miami Dade Florida or Broward County Florida go here.  https://www.hgilbertlaw.com/drug_crimes.php