FAQ

Be polite but firm and exercise your right to speak to your attorney before you answer any questions.

The first call you should make is to call your attorney.

You have the right to an attorney.
You have the right to remain silent.
You have the right to know the crime you have been charged with.
You have the right to examine the evidence the State has against you.
You have the right to confront your accusers and cross-examine witnesses.
You have the right to a jury trial.

Except for very serious criminal offenses, you typically can be released on bail pending trial. The bail amount will be determined by a judge and is based on several factors including the seriousness of the offense, your ties to the local community, and whether you are considered a flight risk.

In Florida, the primary difference between a misdemeanor and a felony is the severity of the punishment. A misdemeanor carries a maximum penalty of 1 year in the county jail and a maximum $1,000 fine. Whereas felonies are punishable by more than 1 year and the time incarcerated is spent in a prison and not a county jail. The penalties for felonies are determined by the criminal punishment code or CPC and can extend up to life in prison and even the death penalty for Capital Felonies.

No. Jails are typically short-term facilities operated by local law enforcement agencies and are for holding individuals who are awaiting trial or who are serving sentences of one year or less.

Prisons are operated by the state agency Florida Department of Corrections. They are for long-term incarceration, which are sentences that are longer than 1 year.

Florida offenses are divided into categories depending on the severity and nature of the offense. Here’s a list of the categories and penalties. (Fla. Stat. §775.082)

Second degree misdemeanor: A misdemeanor of the second degree is punishable by up to 60 days in the county jail, and a $500 fine. This type of offense is the least serious category of crimes.

First degree misdemeanor: A misdemeanor of the first degree is punishable by up to 1 year in the county jail and a $1,000 fine.

Third degree felony: Third degree felonies are the least serious type of felony offenses punishable by up to 5 years in prison and a $5,000 fine.

Second degree felony: A felony of the second degree carries a maximum of 15 years in prison and a $10,000 fine.

First degree felony: A felony of the first degree is punishable by up to 30 years in prison and $10,000 fine.

Life felony: A life felony is punishable by up to life imprisonment.

Capital Felony: This is the most serious category of crimes in Florida. Capital felonies are punishable by the death penalty.

The length of time it takes to resolve a case varies depending on the facts and circumstances of the case. Cases with more serious charges generally take longer to resolve than less serious offenses. Factors that can contribute to the length of time that it takes to resolve a case can include the time it takes investigating, negotiating, filing pretrial motions, and preparing for trial.