Questions About Florida Criminal Law? Read On.
Whether you are facing criminal charges for the first time or you have been through the system before, you might have many questions about how it all works and what your rights are. After all, your good name and freedom could be on the line. You need to know the facts before you can make the right decisions about how to proceed.
Below are answers to some frequently asked questions I received at Adam Chrzan, Attorney At Law. For more specific questions about your case, contact my Vero Beach criminal law office to arrange a free initial consultation.
What does a criminal defense attorney focus on?
The primary concern of any good defense lawyer is their client’s best interests. Every client and case is unique. It is the attorney’s job to work closely with the client to find out what happened, fight to preserve their rights in court and advise them clearly and honestly about what their options are.
Will I go to jail for a DUI?
It will likely depend, in large part, on your prior record. There is no mandatory jail time for a first or second DUI, though the judge can choose to send you to jail for up to six months for a first offense and nine months for a second. For a third DUI offense within 10 years of the prior conviction, the law requires a minimum sentence of 30 days, with at least 48 hours of confinement being consecutive.
Will I be charged in state or federal court?
Federal courts can have jurisdiction (the power to charge you with a crime) in two ways. One is subject matter jurisdiction. This refers to the federal government having exclusive power over certain types of crimes. The other, more common way someone can end up charged in federal court is when the crime allegedly crosses state lines in some way. Thus, whether you will be charged at the state or federal level depends on what you are accused of doing.
Should I plead guilty?
Deciding whether to plead guilty, seek a plea bargain or proceed with trial is not something to take lightly. There are always consequences, even if you are charged with something relatively minor, like a traffic violation or DUI. A guilty plea could mean losing your driver’s license, having to pay heavy fines and even having to spend time behind bars. Still, in some situations, a guilty plea could be the better move, especially if it is in exchange for reduced charges. But before you do anything, you must consult with your attorney.
What is the difference between a felony and a misdemeanor?
Generally, felonies are considered more serious crimes than misdemeanors and are punished more severely. A misdemeanor typically includes any charge with a maximum jail sentence of less than one year and one day. A felony conviction can lead to a longer prison sentence.
Find Out What I Can Do About Your Criminal Charges
For more information and to get started on your defense, contact me at Adam Chrzan, Attorney At Law, by calling 772-410-3722 or emailing me and schedule a free consultation.