FAQ's

If you have just been arrested or accused of a criminal offense, or involved in an automobile accident, or slip & fall, you are likely to have many questions. We have compiled the following list of frequently asked questions and responses. Since every case is unique, please contact us for a more thorough analysis of your situation.

GENERAL QUESTION

If you have been recently arrested or charged with a crime, you may have general questions, for example:

Q: When I was released, I was given a court date, is that going to be my trial?

A: No. When a person is charged with violation of a criminal law the first court date is known as an “arraignment”. At the arraignment the judge informs the accused of the charges filed against him/her and asks whether the defendant pleads guilty, not guilty, or no contest. If not represented by private counsel, the accused must be present in the courtroom. Generally, the defendant or their attorney enters a not guilty plea and the court issues another court date. The arraignment is the formal beginning of the legal process.

Q: At my arraignment, I was appointed a public defender, is it too late to hire a private attorney?

A: No. It is the right of the accused to hire the attorney of their choice. However, if you intend to hire a private attorney, you should generally do so as quickly as possible.

Q: If I am guilty of what I was arrested for, should I not just plead guilty without an attorney?

A: The general answer is no. The criminal law is very complex. The same act that led to an arrest may be charged by the State Attorney or the police in several ways and degrees of severity. While you may feel you are guilty, you may not be guilty of the exact crime or level of offense that you have been charged with. Consultation with an experienced criminal defense attorney is critical before making the decision to plead guilty or no contest.

Q: Can I plead guilty or no contest to the court and then hire a private attorney if I am disappointed with the punishment I am given.

A: Generally, no. Once the judge accepts your plea of guilty or no contest there is generally no turning back. This is another reason why you should consult with an attorney before dealing directly with the court.

Q: Does every case end with a trial?

A: No. While it is the right of every person accused of a crime to require the State Attorney to prove all charges beyond and to the exclusion of every reasonable doubt, many cases are resolved prior to a trial. This is generally accomplished through negotiations between the defense attorney and the assistant state attorney assigned to prosecute the case. However, negotiations are most helpful to the accused if the case is first thoroughly analyzed and a proper defense implemented before engaging in talks with the prosecutor.

DRUG RELATED OFFENSES

If you have been accused of a drug related offense, you may have the following questions:

Q: The police searched the car I was driving and found drugs after I was pulled over for a routine traffic stop. Can they do this?

A: It depends. As a general matter, absent evidence of more serious criminal activity or fear for their safety, officers in a routine traffic stop do not have the authority, absent consent, to search a vehicle. This is an area of the law with many twists and turns. Careful analysis of the sequence of events may reveal that the police did not have the authority to search the vehicle. If this is the case, a court may have to throw out the evidence located in the vehicle as a punishment to the police for violating the rights of the accused.

Q: If the police ask to search my car or home, does saying no give them the right to search because they figure I must have something to hide?

A: Absolutely not. If the police are asking you permission to search, it is because they do not have enough evidence of criminal activity to search without your permission. Saying no does not give them the right to search your home, vehicle, or person. In the United States, it is every person’s right to refuse unwanted police intrusion. If they had enough evidence to search without permission, they would not ask.

Q: Can the police make a deal directly with me?

A: No. Once you are arrested, only the prosecutor can extend binding deals. This is best handled through a defense attorney representing your best interests.

Q: I heard that the police cannot lie to a person, is this true?

A: This is positively false. The police routinely use lies as an investigative tool to obtain admissions and confessions from suspects. It is generally best to remain silent until you have consulted with an experienced defense attorney.

Q: The police entered my home without a search warrant and located drugs. Can they do this?

A: Unless they have the express and voluntary permission of the lawful occupants of a home, the police generally cannot enter without a warrant. Oftentimes, the police will force their way into a home only to have the occupants sign a waiver form after the fact. Under many circumstances, this may not be enough to make it a lawful search. This is another area where having an experienced criminal defense attorney can be a great asset to the accused.

Q: The police found drugs close to me but not on me, can I be charged with possession of the drugs?

A: Yes, you can be charged with the offense. While you may be charged with the offense, the prosecutor has to prove much more to gain a conviction. This situation is what is called “constructive possession”. The prosecutor must also show that the accused knew the substance was there, knew that it was an illegal substance, and exercised dominion and control over it. In other words, the prosecutor must show that it belonged to the accuded, not just that it was close to the accused.

Q: I am being charged with trafficking in drugs but I had no intention to sell the drugs, it was just for personal use. Can they do this?

A: Unfortunately, for those who had no intention to sell, yes. Many drug possession crimes become the more serious offense of trafficking just by the weight of the drugs. Once the particular weight threshold is crossed (depending on the substance), the prosecutor does not have to prove that the accused had the intention to sell the drugs. This does not mean that there are no defenses to the charge. How the police came to discover the drugs, where they were found, who else was in the area and other factors may provide viable defenses in the hands of an experienced criminal defense attorney.

DOMESTIC VIOLENCE

If you have been recently arrested or charged with a crime of domestic violence, you may have asked yourself:

Q: Am I allowed to return home after I have been arrested for domestic violence?

A: Generally, no. As a condition of your bond the judge will usually impose a “no contact order” and order you to stay away from your home. These orders can cause much hardship to the accused and oftentimes the alleged victim in the matter as well. However, there are things that can be done to lift the no contact order so that life can resume as normally as possible while the matter is resolved.

DUI

If you have been recently arrested or charged with driving under the influence, you may be asking yourself:

Q: The police say that I blew over the legal limit of .08 BAC (blood alcohol content), but I did not feel I was under the influence, is there anything that can be done?

A: Yes. The fact that a machine says that you were over the legal limit does not mean the case is automatically lost. Blowing over the legal limit means that a jury is to presume that you were under the influence to the point that your normal faculties were impaired. However, that presumption can be overcome with evidence that you were not, in fact, impaired. This can be done any number of ways, including videotape, eyewitness testimony and evidence that the breathalyzer was malfunctioning.

Q: Am I eligible for a hardship license if I have been arrested for DUI?

A: Whether or not you are eligible for a hardship license during the pendency of your DUI case depends on many factors. There are options that may be pursued at the administrative level with the Department of Motor Vehicles to challenge the suspension of your driving privilege. The best thing to do is to schedule an appointment with our office to discuss the specifics of your situation.

PERSONAL INJURY

Q: Does Florida have no-fault insurance?

A: Yes, Florida does have no-fault insurance.  However the term no-fault applies to payments of medical benefits if you are injured in an accident.  This type of coverage is known as PIP or Personal Injury Coverage.

Q: What is PIP?

A: PIP or Personal Injury Protection is a mandatory insurance coverage that pays 80% your medical bills if you are injured in an accident.  Florida Law requires all drivers to carry this $10,000.00 to pay your medical bills.

Q: Can I Carry More PIP Insurance?

A: You can carry more PIP insurance, however, after the first $10,000.00 it is then call Medical Payments Coverage.  Many people elect to carry this coverage because $10,000.00 is not always enough to pay for the medical expenses associated with an accident and medical payments coverage also pays for the 20% you may owe for your medical expenses.

Q: How long will it take my case to settle?

A: There is no certain time it can take a personal injury case to settle.  Sometimes the cases can be over very quickly sand sometimes it can take years.  Our main concern is that our clients get the medical treatment they need and the compensation they deserve.

Q: What is Uninsured and Underinsured insurance?

A: Underinsured and/or Uninsured coverage is insurance that you buy from your own insurance company to protect you if a person who causes the accident does not have insurance or not enough insurance to compensate you for your injuries.  If you have underinsured or uninsured insurance then you can collect from your own insurance company.

Q: How much money can I get for my case?

A: No attorney can tell you how much you are going to get for your case without reviewing all of the records.  Each case has to be carefully evaluated and negotiated with the insurance company to reach a compensation amount.

Q: Will I have to go to Court?

A: While most cases settle out of court some cases will have to be litigated in court.

Q: What about the damage to my vehicle?

A: We will help you in getting the best possible outcome for your vehicle whether it is repairable or a total loss.