Resources

Criminal Cases FAQ

What is the difference between a misdemeanor charge and a felony charge?
A misdemeanor charge is a minor criminal charge. The maximum penalty for a misdemeanor offense is one year in the county jail (usually a facility located within the county where the Defendant is sentenced).

Examples of misdemeanors are:

A felony charge is one for which a person may be sentenced to serve a period of time in the State Penitentiary/Prison. This sentence can vary from a short period of time up to life, depending upon the charge. Some felony charges carry with them the potential of a sentence of death. A person convicted/adjudicated of a felony, whether prison time is ordered or not, loses their right to own a firearm and vote. Florida law (as of 7/1/04) allow for only one withhold adjudication (or not being a convicted felon) for first time offenders charged with a third degree felony, and in limited exceptions, for offender charged with a second degree felony. Florida law no longer allows for withhold adjudications for first degree, or higher, felonies.

Examples of felony charges are:

-Murder
-Possession, Delivery, or Sale of a Controlled Substance Robbery
-Felony DUI
-Aggravated Battery
-Burglary
-Grand Theft

Why did I have to post bond?
The purpose of the bond is to assure that the defendant will be present for his/her court proceedings. A bond amount is ordered by the court and if the defendant has the means to make that bond, he/she may be released subject to the bond. In most cases, a defendant is bonded through a bonding company where they typically will have to pay the bondsman 10% of the face value of the bond. An example of this is where someone is charged with a crime and the bond is set at $10,000. The suspect, or his/her family will pay the bondsman $1,000 and offer some type of collateral so that the bondsman will then make a guarantee to the court that if the defendant does not show up for court, they will pay the court the face amount of the bond, i.e. $25,000.

What are Miranda Warnings?
Miranda are given only when a suspect is in custody and the police are going to ask the suspect questions, or make statements, that are going to lead the suspect into giving potential incriminating responses. Therefore, just because you are arrested, does not mean the police are going to read your rights - it only applies to custodial interrogation/questioning. The Miranda Warnings involve the right not to testify against ones self. These warnings provide procedural safeguards to secure the suspect’s privilege against compulsory self incrimination. There are 4 main parts:

You have a right to remain silent; if you chose to give up that right, anything you say can and will be used against you in the court of law; you have the right to an attorney and to have him present at every stage; and if you cannot afford a lawyer, one will be appointed for you.

What Is A "Juvenile Offender"?
A juvenile offender is an offender who is too young to be tried as an adult. The age at which a person can be tried as an adult varies between states, but is ordinarily the age of seventeen or eighteen. This age can go down for certain serious offenses, such as homicide, drug trafficking, or sexual assault.

What Happens In "Juvenile Court"?
When a juvenile is charged with a criminal offense and is sent to a juvenile court, the focus is ordinarily rehabilitation and treatment of the juvenile, rather than on punishment. Often, the offender will be said to have committed a "delinquent act," as opposed to a "criminal offense." The juvenile court has broad discretion to tailor a sentence to the needs of a young offender. This may include in-patient or out-patient programs, secure and non-secure rehabilitative programs, and residential and non-residential treatment centers. Usually, the juvenile is monitored by a juvenile probation officer who will assist the juvenile offender when he/she has to contend with school issues and peer pressure.

What if I was drinking and driving?
The officer will ask the driver to perform certain field sobriety tests. You do not have to consent to them. Also, the officer may ask you to take a breathalyzer test or BAC. Likewise, you may refuse. However, refusal of these tests can result in the loss of your DL for a period of 1 year if convicted. In Florida the legal limit is .08. There are two separate proceedings that take place in all DUI’s: Administrative and Criminal. The administrative side requires quick reaction as you only have 10 days to apply for a formal review hearing and secure your only chance of the DHMV not suspending your drivers license. The criminal proceedings include a variety of fines, programs, penalties, and classes that you may be required to complete if you do not obtain experienced representation who may be able to challenge the evidence and negotiate other options for you.