Criminal Law

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Criminal law refers to the body of laws that define crimes and prescribe punishments for violating them. It includes rules and statutes that outline how suspects are charged, tried, and sentenced for offenses ranging from minor infractions to major felonies.

A felony is a serious criminal offense that is punishable by imprisonment, or in extreme cases, life imprisonment or the death penalty. Felonies include crimes like murder, robbery, and certain types of fraud.

Bail is the money or property a defendant provides to the court as a guarantee that they will return for their trial. It allows the defendant to remain free while awaiting court proceedings. If they fail to appear, the bail is forfeited.

Probation is an alternative to jail or prison, where an offender is allowed to remain in the community under court supervision. The person must follow specific conditions, such as regular check-ins with a probation officer, avoiding further legal trouble, and adhering to any other court-ordered requirements.

Hiring an attorney ensures that your legal rights are protected, and they can provide expert guidance through complex legal procedures. An experienced attorney will help build a strong defense, negotiate plea deals, or minimize penalties, giving you the best chance at a favorable outcome.

Felonies are more serious offenses that can result in imprisonment or life sentences. Misdemeanors are less serious crimes typically punishable by probation or less severe jail sentences.  

You have the right to remain silent, the right to an attorney, and the right to be informed of the charges against you. These rights are often referred to as Miranda rights.

Probable cause is the reasonable belief that a person has committed a crime, which justifies the arrest. It must be based on factual evidence or circumstances. 

Bail is a sum of money set by the court to ensure a defendant appears for trial. It can be set based on the severity of the crime, the defendant's criminal history, and flight risk. 

While it's possible to represent yourself for minor offenses, having a lawyer can help ensure your rights are protected and may lead to better outcomes.

At an arraignment, the defendant is formally charged with a crime, informed of their rights, and asked to enter a plea (guilty, not guilty, or no contest).

A plea bargain is an agreement where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence. Whether to accept it depends on the specifics of the case and the advice of your attorney.

The timeline varies widely based on case complexity.

Yes, charges can be dismissed due to lack of evidence, procedural errors, or plea agreements. 

Public defenders are government-funded lawyers provided to defendants who cannot afford private counsel, while private attorneys are hired by individuals who can pay for legal representation.

Miranda rights inform individuals of their right to remain silent and to have an attorney present during questioning. They apply when a suspect is in custody and subjected to interrogation.

In Florida, while you can refuse a police search or questioning during a consensual encounter, the police may still proceed under certain legal circumstances, such as having probable cause or a warrant

In Washington DC, yes, you can refuse a police search or questioning. Citizens have no legal duty to talk to the police and may refuse to answer any questions or consent to a search. In terms of searches, a warrantless search is generally considered unreasonable unless it falls within specific exceptions, such as consent. The consent must be given voluntarily, without coercion, and the individual must be informed of their right to refuse the search. 

Remain calm and do not admit guilt. Gather evidence to support your innocence.

A jury listens to evidence presented during the trial and determines the defendant's guilt or innocence based on the facts of the case.

In Florida, yes, a criminal record can be expunged or sealed, provided certain statutory criteria are met. According to Florida Statutes, a person is eligible to petition a court to seal a criminal history record if they have never been adjudicated guilty of a criminal offense or certain specified misdemeanors, and the record is not ineligible for sealing.

In Washington DC, yes, a criminal record can be expunged or sealed, under certain conditions. A person arrested for, charged with, or convicted of a criminal offense that was decriminalized or legalized after the date of the arrest, charge, or conviction may file a motion to seal the record at any time. Additionally, the court may grant a motion to seal if it is in the interest of justice, considering factors such as the movant's interest in sealing the records, the community's interest in retaining access to those records, and the movant's rehabilitation and employability. 

Violating probation can result in additional penalties, including jail time or the revocation of probation, depending on the severity of the violation.

Common defenses include alibi, self-defense, lack of intent, insanity, and procedural errors. The effectiveness of a defense depends on the specifics of the case.

In Florida, yes, you can appeal your criminal conviction.  Under article V, section 4(b) of the Florida Constitution, a criminal defendant has a constitutional right to appeal a conviction and sentence. This right is further supported by Florida statutes and case law, which provide specific guidelines and limitations for appeals.

In Washington DC, the timeline for filing an appeal varies depending on the type of case. For civil cases, a notice of appeal must be filed within 30 days after the entry of the judgment or order. In criminal cases the notice of appeal must be filed within 30 days after the entry of the judgment or order, the trial court may extend this period by up to 30 additional days for excusable neglect. 

Sentencing is determined by the judge and can be influenced by the nature of the crime, the defendant's criminal history, any mitigating or aggravating circumstances, and state sentencing guidelines.

The juvenile justice system is designed for individuals under 18 and focuses on rehabilitation rather than punishment. Proceedings are generally more informal, and the records are often sealed from the public.