Florida Criminal Defense Legal Questions

Yes, it will show up on your record.  However, depending on the disposition, it may not show up as a conviction.  For example, depending on where in Florida the charge was filed, the State Attorney may be willing to send the case to a diversion program.  If so, it is possible that if you successfully complete all conditions of the diversion program, the State would drop/dismiss/terminate the case.  The court records still would show you were accused and charged with the petty theft; but that the case was dismissed after you completed a diversion. program.   If you cannot get into a diversion program, you have a few other options:  (1) plead guilty or no contest, "straight up" to the court, without any plea bargain; the court then has discretion to give you any legal sentence; (2) work out a plea bargain with the State and enter a guilty or no contest plea to the charge; then the court will sentence you based on what was agreed to in the plea bargain; (3) fight the charge at trial.  If you win at trial, the case is done (although the arrest and case will still show up on your record); if you lose at trial, the court may impose any legal sentence. If, under any of the above options, the court, at the time of sentencing, agrees to withhold adjudication, it will still show up on your record.  But it will not be considered a "conviction" even though you will be sentenced and have a criminal record.  But if adjudication is withheld, then if you complete any applications (e.g., employment or housing applications) that ask if you have ever been convicted, you can answer "no."  (That's assuming you have no other prior convictions.). If the application asks if you have ever been convicted, regardless or whether adjudication was withheld, then you must answer "yes."  If your case was dropped after successfully completing a diversion program, the answer would be no.  Under all of the above options/dispositions the case/charge will show up on your record - but not necessarily as a conviction.  The only way to not have it show up on your record would be if the court sealed and/or expunged it.  That cannot be done in Florida if you have ever done that in the past or if you have ever been "convicted" of a prior criminal offense (regardless of the nature of the offense).   ... Read More

He should have an attorney   Without knowing the extent of the perjury and what was said, as well as what damage was caysed by, makes it impossible to answer.   I f you find a lawyer who states that the lawyer can guarantee get away form the lawyer. No lawyer can guarantee. Tell the lawyer to put it in writing and the lawyer will not... Read More

Lawyers want to answer inquiries correctly.   However, I am unsure what you state because you have a run on sentence that runs 4 lines and several ands.   If you mean that .. is the end of sentence then use only one  per semtemce. More than one period looks like an ellipsis meaning something is missing... Read More

The first thing I recommend doing is exercising your right to remain silent (meaning do not discuss what happened with anyone until after you meet with your attorney and get his/her advice).  The next thing I recommend is, if you do not have either a court-appointed attorney or private attorney, you need to get one as quickly as possible.  Your attorney should be able to obtain "Discovery" and assess whether you may have a case for filing for immunity under the "stand your ground" law -- or a self-defense issue.... Read More

Since you were arrested and in jail, I assume you either bonded out immediately or went to a First Appearance Hearing (FAH).  If you went to a FAH, the judge should have asked whether you had, or wanted, an attorney.  Hopefully, you said "yes" to one of those questions.  If so, I assume you have either a court-appointed attorney or are in the process of retaining a private attorney to represent you.  That attorney should review the arrest and search procedure that was used in your case. There are too many factors that could influence what law enforcement had the right to do.  (So there is insufficient information, without seeing the various police reports, to know whether there was an illegal search -- or what defenses you may have.  Consequently, you need to set an appointment to discuss this with your attorney, who can request "Discovery" (which should include police reports).  In the meantime, remember you have the right to remain silent.  That means you do not have to talk about what happened with anyone.  So I would suggest that you not discuss the facts of this case with ANYONE (not even family members) until you meet and discuss it with your attorney.  Your attorney can then advise your further as to your right to remain silent and whether to exercise it further.      ... Read More

Those test results do not prove you received any chemicals from a different source.   The chain of custody and accuracy of that method of testing is something which would have to be proven in court. Also you have to prove those chemicals caused negative effects.   No attorney would take your case under the limited proof you have alleged    ... Read More