Criminal Defense Attorneys in Orlando

If you have been accused of a crime—even if you have not been arrested or charged with anything yet—you should immediately contact a criminal defense lawyer. You should also remember and enact your right to remain silent. This holds during an arrest, as well. Anything you say can and will be used against you in a court of law. While it can be tempting to try to explain yourself and what you were doing at the moment, you should not. Law enforcement is looking for you to make a mistake or say something incriminating that they can then use against you later. They may even ask you questions, but you do NOT have to answer any questions other than to identify yourself.

You have the right to refuse a search of your home, vehicle, and other personal belongings. Unless the police have a signed search warrant, they are not legally allowed to conduct a search if you do not permit them to do so. You should clearly state that you do not consent to a search of your belongings. If the police conduct a search anyway, do not try to stop them. Instead, repeat that you do not consent to a search and contact a lawyer immediately. An unlawful search and/or seizure could serve as grounds for a motion for suppression or a motion to dismiss.

Bail is a form of pretrial release that allows a defendant to be released from jail while their criminal case is pending. Bail is essentially a monetary amount that the defendant must pay to the court as a guarantee that they will appear in court as required. If the defendant fails to appear in court, they forfeit the bail money, and a warrant may be issued for their arrest.

The amount of bail in Florida is determined by a judge, who considers several factors, including the nature and severity of the crime, the defendant's criminal history, their ties to the community, and their likelihood of appearing in court. The judge may also consider whether the defendant poses a danger to the community or is a flight risk.

If the defendant cannot afford to pay the full amount of bail, they may be able to obtain a bond from a bail bondsman. A bail bond is essentially a contract between the defendant, the bail bondsman, and the court. The defendant pays a non-refundable fee, usually 10% of the total bail amount, to the bail bondsman, who then provides a guarantee to the court that the defendant will appear in court as required. If the defendant fails to appear in court, the bail bondsman may hire a bounty hunter to track down the defendant and bring them to court.

It's important to note that not all defendants are eligible for bail in Florida. Defendants who are charged with capital offenses or certain drug offenses may be held without bail, or may only be eligible for bail under certain circumstances. Additionally, if a defendant violates the conditions of their bail, such as by committing a new crime or failing to appear in court, their bail may be revoked, and they may be returned to jail.

Whether or not you will need to go to court depends on the specifics of your case. Many of our clients never have to step foot in the courtroom. At Ali & Blankner, we are committed to making the process as easy and painless as possible for our clients. However, if you are required to go to court, you can rely on our attorneys to fully prepare you for what to expect from the process.

Generally speaking, misdemeanors are considered to be less serious crimes than felonies. As such, they carry less severe penalties. However, do not make the mistake of believing a misdemeanor charge is not serious at all. You could still face jail time, thousands of dollars in fines, and other significant penalties if you are convicted of a misdemeanor. The maximum sentence for a misdemeanor in Florida is one year in county jail, along with various fines and probation. Felonies, on the other hand, carry much harsher penalties, including time in state prison. The maximum prison sentence for felonies (other than life and capital felonies) in Florida is 30 years in prison. Life and capital penalties may result in a life sentence or capital punishment (death), respectively.

In Florida, individuals facing criminal charges have several options for plea bargaining or alternative sentencing. These options may vary depending on the nature of the offense, the defendant's criminal history, and the discretion of the prosecutor and judge. Here are some common options:

1. Plea Bargain: A plea bargain is an agreement between the defendant and the prosecutor, where the defendant agrees to plead guilty or no contest to a charge in exchange for certain concessions, such as a reduced charge, lesser sentence, or dismissal of other charges. Plea bargains can help avoid a trial and potentially result in a more favorable outcome.
2. Pretrial Diversion Programs: These programs are available for certain low-level, non-violent offenses. They offer an alternative to traditional prosecution and aim to rehabilitate the defendant. Participation in a diversion program may involve completing community service, attending counseling or educational programs, or meeting other requirements. Upon successful completion, the charges may be dismissed, and the defendant may be eligible to have their record sealed or expunged.
3. Drug Courts: Florida has specialized drug courts that focus on treatment and rehabilitation for individuals with substance abuse issues. Defendants charged with drug-related offenses may have the option to participate in a drug court program. Successful completion of the program can result in reduced or dismissed charges, as well as access to support services.
4. Specialty Courts: Apart from drug courts, there are other specialty courts in Florida that address specific issues such as mental health, veterans' affairs, or domestic violence. These courts provide specialized supervision, treatment, and resources tailored to the needs of individuals in those circumstances.
5. Sentence Mitigation: In some cases, the defense may negotiate with the prosecutor to seek a more lenient sentence. This may involve presenting mitigating factors, such as the defendant's remorse, cooperation with law enforcement, or efforts at rehabilitation, to encourage a more favorable sentencing outcome.

It's important to consult with a qualified criminal defense attorney who can assess your case and guide you through the available options based on the specific circumstances of your situation.

The length of time it takes for a criminal case to be resolved in Florida can vary widely depending on a number of factors, including the complexity of the case, the number of charges involved, the availability of evidence, and the court's schedule. Some cases may be resolved in a matter of weeks or months, while others may take years to reach a conclusion. In general, less serious misdemeanors may be resolved more quickly than felony charges, which often require more time for investigation and preparation. Cases that involve plea bargaining or diversion programs may also be resolved more quickly than those that go to trial. If the case does go to trial, the length of the trial itself will also affect the overall timeline. Some trials may take just a few days, while others may take weeks or even months. Ultimately, the timeline for a criminal case will depend on the specific circumstances of the case. It's important to work closely with your criminal defense attorney to understand what to expect and to ensure that your rights are protected throughout the process.

It is possible to have your criminal record sealed or erased (expunged) if you meet all the applicable criteria. Specifically, you can only have your record expunged if you have never been convicted of a crime. If your case is dismissed, and you have no past convictions, you could qualify for expungement or record sealing. Contact Ali & Blankner to learn more, including how we can help.