MISDEMEANOR CHARGES MISDEMEANOR CHARGES
Misdemeanor cases can still create jail exposure, probation, fines, driver license consequences, employment problems, and a permanent criminal record.
The firm handles misdemeanor battery, theft, drug possession, criminal traffic, suspended license, disorderly conduct, trespass, domestic violence related charges, and other county court matters.
WHY DEFENSE MATTERS WHY DEFENSE MATTERS
Even when the charge is not a felony, the result can matter. A lawyer can review defenses, diversion options, dismissal possibilities, reduction of charges, sealing eligibility, and trial strategy.
AREAS SERVED AREAS SERVED
Misdemeanor defense is available in Collier County, Lee County, Hendry County, and Miami-Dade County.
FIRST APPEARANCE HEARING FIRST APPEARANCE HEARING
After an arrest, a judge generally reviews the case within 24 hours. This hearing is often where the court first reviews probable cause and decides whether the person can be released.
The judge may also set bond, impose no-contact rules, order supervision, or place other restrictions on release.
GETTING OUT OF JAIL AFTER AN ARREST GETTING OUT OF JAIL AFTER AN ARREST
In many cases, a person can get out of jail while the case is pending. After an arrest, a judge usually reviews the case and decides whether release is allowed and what conditions apply.
The court may consider the charge, prior record, employment, family ties, ties to the community, and whether the person is likely to return to court.
WHAT IS BOND? WHAT IS BOND?
Bond is money or security meant to help make sure a person returns to court. Bond may be paid through a bondsman, posted in cash, or replaced in some cases by other release conditions.
The first bond amount is not always the final word. A judge may later review the bond and the conditions of release.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.