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…
DetailsIf arrested, you can expect to be searched for weapons by the police and taken to jail (§ 901.21 and § 901.211, Fla. Stat.). If questioned, you should be advised of your rights under the United States Constitution, in what is commonly called Miranda warnings. It is important to realize that you do not have…
DetailsFirst and foremost, you should remember your right to remain silent. Officers are not kidding around when they tell you that anything you say can and will be used against you in court. Probably the most common mistake made by anyone following an arrest is the inability to remain silent. Confessions makeup a significant portion…
DetailsIf you are arrested and placed in jail, an “initial appearance,” usually called “first appearance,” before a judge must occur within 24 hours of your arrest. At an initial appearance, you will be apprised of the charges against you and asked if you understand the charges. In most cases bail will be set and you…
DetailsIf you cannot afford an attorney, the judge may appoint an attorney from the Public Defender’s Office to represent you. If the judge does not offer to appoint a Public Defender, ask for one. Unless you hire an attorney, until the judge appoints a Public Defender you do not have an attorney. An attorney from…
DetailsBail is designed to guarantee your appearance in court. Unless charged with a capital offense or an offense punishable by life imprisonment, and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinances shall be entitled to pretrial release on reasonable…
DetailsYes. For example, if you falsely apply for an I.D. or unlawfully spray a fire extinguisher, falsely report child abuse or are in possession of an illegal substance, you may be charged with a felony.
Yes. This usually happens for very serious crimes. The age of the person charged plays a role in this determination as well, but it is important to remember that Florida is one of the leading states in the country in charging juveniles as adults. (See § 985.556, § 985.557, and § 985.565, Fla. Stat.).
Yes. It’s a common misconception that juvenile records are automatically wiped clean once someone turns 18, but all prior criminal acts may be considered for sentencing purposes (Chapter 921, Fla. Stat.). Furthermore, even if your juvenile record isn’t used against you officially, oftentimes prosecutors will take into consideration someone’s entire prior history when deciding how…
DetailsMaybe, depending on your charge, as well as your prior criminal record. Further, certain conditions and exceptions apply. For example, sealing your record only restricts access by the general public. Federal, state, county and city agencies may still access your criminal history record. Expunction of your record totally removes your criminal record, however agencies will…
DetailsIt depends on the ID itself. If you present another’s true ID with their permission as your own, you risk a second degree misdemeanor. Penalties for such a crime can include a maximum jail sentence of up to 60 days and/or 6 months’ probation, and a $500.00 fine (§ 322.32, Fla. Stat.). If you possess…
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