It 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.[1] If you possess a forged (altered), counterfeit…
Maybe, depending on your charge, and whether you have ever been convicted of a crime. Sealing your record only restricts access by the general public to an arrest record. Expunction totally removes the record of an arrest. In Florida, you can generally only seal or expunge one arrest record; you cannot remove the record of…
Yes. It is a common misconception that juvenile records are automatically wiped clean once someone turns 18. All prior criminal acts, including juvenile criminal offenses, may be considered for adult sentencing purposes.[1] Even if your juvenile criminal record is not used against you officially for adult sentencing purposes, prosecutors will often take into consideration someone’s…
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[1]. [1] §§ 985.556, 985.557, 985.56 and 985.565, Fla. Stat.
Yes. For example, if you falsely apply for an I.D.[1], unlawfully spray a fire extinguisher[2], falsely report child abuse[3], possess an illegal drug[4], or commit vandalism that causes more than $1,000 damage[5], you may be charged with a felony. [1] §322.212, Fla. Stat. [2] §806.10, Fla. Stat. [3] §39.205, Fla. Stat. [4] §893.13, Fla. Stat.…
Bail is designed to guarantee your appearance in court for a criminal charge, and is what allows you to get out of jail after you are arrested. Unless charged with a crime punishable by life imprisonment or death, every person charged with a crime is entitled to pretrial release on reasonable conditions. If no conditions…
If you cannot afford an attorney, the judge will appoint an attorney to represent you. If the judge does not offer to appoint an attorney, ask for one. Unless you hire an attorney, you do not have an attorney until the judge appoints one to assist you.[1] [1] Florida Rule of Criminal Procedure 3.111.
If 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 first appearance, you will be told of the criminal charges against you and asked if you understand. At this hearing, bail will be set and you will be…
You should always remember your right to remain silent. Officers are serious when they tell you that anything you say can and will be used as evidence against you in court. Probably the most common mistake made by anyone following an arrest is the decision to answer police questions. Confessions make up a significant portion…
If arrested, you can expect to be searched for weapons by the police and taken to jail[1] If questioned by police, you should be told 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 to have your rights read…