Florida Criminal Defense Legal Questions

You are arrested for vop and face the original amount of time you were facing prior to being placed on probation. So, if it was a 3rd degree felony, you can go to prison for 5 year, and on a 2nd degree you can actually go to prison for 15 years. It is time to actually hire a private attorney.... Read More

In my legal opinion, you definitely should seek legal advice.  It should suffice to remind you that in the past several years numerous innocent inmates, who were wrongfully convicted, have been released.  Sadly, even though our justice system is probably one of the best in the world, it cannot stop innocent persons from being convicted.  Even with an attorney, an innocent person may be convicted -- but, hopefully, legal representation improves the odds.  ... Read More

Well, with two third degree felony possession charges, your friend can expect up to 10 years in prison, with two second degree felony charges up to 30 years in prison. They are probably 3rd degree felony charges, and I would have to know a lot more in order to be able to answer your question fully. If there is no prior record at all, and the charges are 3rd degree, I might expect up to 3 years of probation, depending upon the facts of the case, none of which I know.... Read More

There are numerous criminal defense attorneys who have payment plans.  However, most of the criminal defense attorneys of which I'm aware require a initial retainer to be paid at the time of entering into a representation agreement.  I believe you will find that, although the amount of the initial retainer varies substantially from one attorney to another, it will be difficult to find a private attorney to accept your case unless you can come up with at least $500 or more for an initial retainer.  But maybe that's just the attorneys I know.  So, if you're interested in obtaining a private attorney to represent you, you should contact some to find out what they would charge.  Aos, even if you get a private attorney to represent you, it's possible that he/she will not be able to answer any more of your questions than the attorney from the Public Defender's Office.  It could be the attorney did not have access to what is called "discovery" -- and, therefore, could not answer the questions you had.... Read More

If you can afford to hire an attorney, you should schedule an appointment to meet with an attorney who does criminal defense work.  Many criminal defense attorneys will do a free 30-minute initial consultation -- so you can decide whetheer your want to hire the attorney.  You should ask when you call whether the attorney does a free 30- minute consulation -- or, if not, how much the charge would be just for a short intial consultation.  During the meeting the attorney should be able to answer enough of your questions to enable you to decide whether you want to, or can afford to, hire her/him.  If you cannot afford to hire an attorney, you still have to show up in court -- even if you don't have an attorney to represent you at that point.  When you go to court the first time, the judge is supposed to ask you if you want a lawyer to represent you.  If you say "yes," the judge should ask if you can afford to hire one.  If you say "no," then the judge is supposed to ask enough questions to determine whether you qualify for the services of an attorney from the Public Defender's Office.  If the court determines you are indigent, the judge should appoint an attorney to represent you.  Then you should ask for time to talk to the attorney before deciding how to proceed with your case.  Occasionally, a judge will forget or neglect to ask if you want an attorney and whether you have money to hire one.  If that happens, you should (before doing anything else in court) tell the judge that you want an attorney, but cannot afford to hire one.  At that point, the judge should proceed to ask you questions to determine whether you are indigent for purposes of retaining or appointing an attorney.  ... Read More

You can contact your local police department or Sheriff's Office and report the identity theft.  If you can provide sufficient information to show you're a victim of identity theft, the law enforcement agency should investigate and, if it can gather enough evidence, it can charge the person with committing a crime.   ... Read More

I suggest you turn yourself in since you know there's a warrant for your arrest -- and ask for an attorney from the Public Defender's Office to represent you.  You are entitled to have an attorney represent you on VOP cases.  But when you go to court, you will need to ask the judge for one to be appointed.  If the judge determines you do not have sufficient income or assets to retain an attorney, the judge should appoint one to represent you if you ask for one.  ... Read More