In an effort to help you obtain as much information needed as possible, our attorneys have compiled the list of questions that are most commonly asked about Florida Criminal Law. Feel free to browse through them and navigate to other pages of our site where more information is available.
What are my rights if arrested?
If you are arrested, you have several constitutional and statutory rights afforded to you. First and foremost, you have the right to remain silent. You have this right before you are arrested if you are detained by law enforcement and they are asking you questions about a crime. You also have the right to have an attorney at all critical stages of the prosecution. Unless you are charged with a crime that is punishable by life or a violation of probation, you have the right to have a reasonable b
The police came to my house and want to do a search. Should I let them in?
If the police come to your home and want to conduct a search, you do not have to let them into your home unless they have a search warrant. If they have a warrant, they are allowed to enter and search your home. However, before entering, they are required to knock and announce their presence. If they break into your home without first knocking and announcing, you may have a basis to suppress the results of the search. Additionally, law enforcement has to convince a judge that they have "probable
The police stop me and ask me questions. Should I answer them?
If you are stopped by law enforcement for a legitimate reason, i.e. speeding, you should answer all of the routine questions. (name, address, etc.). However, you are not required to consent to a search of our car. You do not have to answer any questions that do not deal with the ticket you are receiving. If you are stopped on the street for no apparent reason (called a "consensual encounter" by the courts), you do not have to answer any questions, including "what is your name?" if you do not wan
Can the police search my car if I am stopped for a civil infraction?
No, unless they have probable cause to believe they will find evidence relating to a crime in the vehicle. Generally, when a law enforcement officer asks you if they can search you, your car, or your home, it means that they do not have a legal right to do so. If they don't have a legal basis to search, they can still search if you give them permission.
Is there any possibility of cleaning up my criminal record?
Many times, people are eligible to have their record sealed or expunged. There are a variety of factors that will determine if you are eligible for this service. The most basic requirement is that the case was either dropped or you received a "withhold of adjudication" when you went to court. If you are a convicted felon, you may be eligible for a restoration of civil rights.
Can I represent myself? What can a lawyer do for me?
Yes, a person is allowed to represent themselves in court; this is called Pro Se representation. However, we strongly recommend that a person (even a lawyer) not represent themselves for several reasons. First, there are specific procedures set forth in the applicable rules (for example, The Florida Rules of Criminal Procedure) that must be followed. Failure to follow the procedural rules can have a severe adverse impact on a litigant's case. Also, there are complex rules regarding evidence that
How does bail work?
Bail is a legal instrument that allows a person being charged with a criminal offense to be temporarily released from jail pending the outcome of his/her case. The bail usually establishes a sum of money that must be forfeited by the bondsman if the accused fails to appear in court for trial. Bail may be posted in two ways. A bondsman can be hired and for 10% of the amount of the bond will post security, or the defendant may post the full amount which will then be returned at the close of the ca
Will my case be tried before a judge or a jury?
The U.S. Constitution gives a person accused of a crime the right to be tried by a jury in almost all cases. In Florida, as well as in most States, the jury must arrive at a unanimous decision to either convict or acquit. The potential jurors must be selected randomly within the community, and the actual jury must be selected by a process that allows the judge and lawyers to screen out biased jurors.
Is driving over the speed limit a crime?
Traffic violations can be felonies, misdemeanors, or infractions. Felonies and misdemeanors are crimes, but infractions are usually not thought to be part of the criminal justice system. Driving over the speed limit is usually classified as an infraction in many States, including Florida, and is not considered a crime. Speeding is usually punished by a fine. These fines increase in proportion to the amount over the speed limit for which the ticket is written.
What do I do if I am falsely accused of a crime?
Being innocent does not guarantee you that the charges will eventually be dropped or that a jury will find you not guilty. There are many people in jail found guilty of crimes that they did not commit.
What is a violent crime or crime of violence?
A violent crime or crime of violence is a crime in which a person uses or threatens to use violent force against another person. A crime of violence can include an offense with or without a weapon.
