Criminal Defense Frequently Asked Questions
The following information includes frequently asked questions about criminal law. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Attorney Susan E. Barnes, you can receive a personal consultation regarding your specific criminal case.
Do I really need a lawyer?
Yes! An attorney who practices exclusively in the area of criminal law understands what the State must prove for every crime in order to get a conviction as well as possible defenses to those crimes. If you are convicted of a crime in Florida (adjudicated) you will become a convicted felon. You will lose your civil rights and, if you are not a U.S. citizen, you can face deportation.
There are many ramifications to a criminal conviction and you need to consult an attorney before ever agreeing to plead guilty or no contest.
Attorneys attend three years of law school after a four year college degree. They must pass both the Florida Bar Exam, a Multistate Exam and an Ethics Exam to practice in the State of Florida.
What should I ask my attorney?
Ask her how much experience she has, whether she has tried any cases like yours as well as possible defenses to a charge like yours.
What is a no contest plea?
A plea of nolo contendre is treated in Florida the same as a guilty plea. There may be reasons to enter such a plea if a civil lawsuit is going to be filed as a result of the criminal episode.
How much do lawyers charge?
Lawyers charge different amounts depending on the charge, the complexity of the case as well as their level of skill and experience.
Can I go to jail for all crimes?
Yes, misdemeanors are punishable by up to 60 days in jail or up to one year in jail depending on what charge it is. Felonies are punishable by up to five years in prison for a third degree felony, second degree felonies are punishable by up to 15 years, first degree felonies carry a possible penalty of thirty years and life felonies are punishable by life in prison. Only first degree murder is punishable by the death penalty.
Are there sentencing alternatives?
There are many alternatives to jail, including probation, community service, drug and alcohol counseling, diversion programs as well as many other alternatives.
Can a law enforcement officer detain me without arresting me?
Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law, the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.
If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.
When am I under arrest?
You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time.
When is an officer allowed to use force when making an arrest?
The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.
Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.
When can I be searched?
While the law of search and seizure is very complex and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask the officer to identify himself or herself.
In most cases involving search and seizure issues, "reasonableness" of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only that area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present.
If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They also may check the rest of the house for any hidden accomplices. They may seize any contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be.
Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell the officer if you have a relative or friend who will come and get it or that you have a preference of your own station, to tow your car.
If you or someone you know in Florida needs the assistance of an experienced Orlando Criminal Attorney, call Susan E. Barnes today at 866-435-2751, or complete the contact form provided on this site to schedule your free consultation.
