Question 1

What is an arraignment?

Accepted Answer

At an arraignment, the defendant is formally advised of the charges filed by the State. They are also informed of their right to an attorney. If the accused can’t afford an attorney but wishes to be represented, the judge may appoint an attorney from the Public Defender's Office during the arraignment.

Question 2

What happens after a person is arrested?

Accepted Answer

Once a person has been arrested, police will generally take them to jail. On some misdemeanors, police may instead provide a "Notice to Appear" with a court date and time. A warrant could be issued for your arrest if you do not appear in court on that date and time. It’s important to note that a "Notice to Appear" is considered an arrest, although you are not taken to jail, and the legal process begins.

Question 3

What is the most important task of defense attorneys?

Accepted Answer

As defense attorneys, our most important task is to develop close relationships with our clients to identify their legal needs, provide counsel, and help them understand their legal options. We also conduct research, prepare legal documents, and perform other duties to ensure our clients receive the best and most personalized legal solutions.

Question 4

How much does it cost?

Accepted Answer

Experienced Florida criminal defense attorneys will charge $4,000 to $5,000 per hour. For felony charges, they may charge an average of $3,500 to $10,000. The cost of legal services for first and second-degree felonies ranges from $35,000 to $100,000.

Question 5

When do the police have to advise me of my rights?

Accepted Answer

Florida police do not always have to read you your Miranda rights. Instead, the warning only applies if you’re in police custody and are being questioned.

Question 6

Is it okay to talk to the police if I am innocent of the charges?

Accepted Answer

The best rule to follow when interacting with police is to remain silent until you consult an experienced defense lawyer. Police officers are trained to obtain confessions, admissions, and inconsistencies. If you are innocent, they will use inconsistencies in your statements as evidence of guilt.

Question 7

What is the difference between a misdemeanor and a felony?

Accepted Answer

The two crime classifications are categorized based on potential sentencing. A misdemeanor is a lesser offense than a felony and is punishable by up to one year in a county jail. A felony is a crime punishable by over one year in a federal prison facility.

Question 8

Do I need to hire a criminal defense attorney if I plan on pleading guilty?

Accepted Answer

You must hire a criminal defense lawyer to protect your rights regardless of what you plan on pleading. This is because the prosecution tries to bring the harshest penalties possible in criminal cases.

Question 9

Is there a difference between probation and parole?

Accepted Answer

Parole in Florida happens while a person is still serving their sentence. Probation is a "post-release" condition that starts once a sentence for imprisonment is over.

Question 10

What is the difference between a dismissal and an expungement?

Accepted Answer

An expungement occurs when an arrest record in a criminal case no longer exists. A dismissal is a court decision to dismiss a lawsuit without holding the defendant liable. The difference is that the case file and arrest records remain public with dismissal.