CRIMINAL DEFENSE FAQ

1.  I've been arrested. What should I do first?

 

Remain silent and ask for a lawyer. In Florida, anything you say to law enforcement can be used against you — including statements you think are harmless. Call (239) 281-0896 as soon as you can.

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2.  Should I talk to the police or the prosecutor about my case?

 

No — not without your lawyer present. Even truthful, well-intentioned statements can be misunderstood, taken out of context, or used in ways you don't expect. Let your attorney do the talking.

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3.  What happens at first appearance?

In Florida, anyone arrested must be brought before a judge within 24 hours. The judge advises you of the charges, makes sure you have (or will have) a lawyer, and addresses pretrial release and bond.

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4.  What is bond, and how is it set?

 

Bond is money or conditions the court requires to secure your release before trial. The judge considers the seriousness of the charge, your ties to the community, your criminal history, and whether you are a flight risk or a danger to the community.

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5.  What is the difference between a state and a federal charge?

State charges are prosecuted by the State Attorney in Florida courts; federal charges are prosecuted by the U.S. Attorney in federal court.  The two systems have different rules, different prosecutors, and different judges.

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6.  What is a withhold of adjudication?

A Florida judge can "withhold adjudication," which means no formal conviction is entered on your record even though you entered a plea or were found guilty. A withhold can protect you from many of the consequences of a conviction — but it still counts as a conviction for some purposes, and it isn't available in every case.

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7. Can my criminal record be sealed or expunged?

Possibly. Florida law allows sealing or expungement in limited circumstances — generally once in a lifetime, and many offenses are excluded. In most cases you must have received a withhold of adjudication (for sealing) or had the charge dismissed (for expungement) to qualify.

 

8.  How much does it cost to hire a criminal defense lawyer?

It depends on the case — the type of charge, whether it's state or federal, and how far the case goes. The firm offers a free and confidential case evaluation, and you'll know the fee before you commit to anything.

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9.  What courts and counties do you practice in?

Federal court: the U.S. District Court for the Middle District of Florida. State court: Lee County and surrounding Southwest Florida counties.

 

10.  Law enforcement wants to talk to me, but I haven't been charged. Is it too early to call a lawyer?

It's the best time to call. What you say — or don't say — before charges are filed can shape the entire case. Early advice is often the most valuable advice.

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These answers are general information about Florida criminal cases, not legal advice for any specific situation. If you've been arrested or are under investigation, call (239) 281-0896 for a free and confidential case evaluation.

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