Do I have to give consent to a law enforcement officer to search my car in Florida?
The simple answer is, "No." The Fourth Amendment to The Constitution gives you a protection from unreasonable search and seizure. That means that you
How can I clear my criminal record in Florida?
Florida has two ways where you can clear your criminal record. The first one is sealing. The second is expunction. There are actually statutes in
How much does it cost to hire an attorney in a criminal case in Florida?
Obviously, that's a very important question. People want to know "Can I afford the lawyer that I really need to represent me?" Many factors go into
I am in the United States on a visa. Will criminal charges have immigration consequences?
You should always worry that criminal charges will have immigration consequences, because they do in most cases. A felony is an absolute kick you out.
If I was arrested for a felony, will I be charged with one?
What you're arrested for in many cases is not what you're finally charged with. Normally the paperwork takes about 10 days to get from the police
If the police have a warrant to search my house, can they look anywhere?
If the police arrive at your home with a warrant, they have the right to search in any place, as long as whatever it is they're looking for can
Is the breathalyzer accurate?
The Intoxilyzer 8000 is the machine used in Florida to calculate breath alcohol level. That machine is obligated to be calibrated monthly and has to
IRS agents showed up unannounced and want to talk to me. What should I do?
If an IRS agent shows up at your house, unannounced, that's a common tactic. They do that all the time because they want to catch you off-guard,
If the police pull me over for a traffic offense in Florida, can they search my car and arrest me?
Most traffic offenses are not offenses that you can be arrested for, unless it's a DUI for instance. Speeding tickets, reckless driving, you don't get
The police want to get my side of the story. Should I give a statement?
The police say that normally as a ploy to get you to talk, because people have a natural desire to tell their side of the story, even if their side of
What are Miranda rights or Miranda warnings?
The Supreme Court of the United States, in a case called Miranda, set forth a series of questions that law enforcement has to ask you if you are in
What are the typical steps in a criminal proceeding in Florida?
Typically, once you're arrested you're taken to jail. You can bond out if you can afford to. Otherwise, you can wait till the next morning. Within 24
What are my rights if I am accused of a crime in Florida?
Well, you have the right to bail, so that you don't have to stay in jail. You can bond yourself out. You have the right to an attorney. You have the
What does beyond a reasonable doubt mean?
Beyond a reasonable doubt is the burden placed on a prosecutor to prove someone guilty of a crime. It is the highest burden in the law. We like to say
What happens if my child is arrested in Florida?
If your child's arrested in Florida, they will normally go to the juvenile detention facility and be put in the custody of a welfare person. Now, they
What is forfeiture?
Forfeiture is when the state or federal government seize your property because that property is related to a crime and therefore they take it and they
What is restitution?
In a criminal case in many times the victim of the case has some kind of economic loss or damages. That is what the restitution is designed to take
What is the difference between a federal and state crime?
A federal crime is a crime established by the United States congress and the United States senate, and it's enforced by the United States attorney's
What is RICO and what does it have to do with racketeering?
RICO stands for Racketeering, Influence, Corrupt Organization. There basically are two parts. One, you've got the organization. Two, you've got
What is the officer looking for during the initial detention at the drunk driving scene?
The officer's trying to see if you're impaired. The way they do that is they look at your eyes to see if they're bloodshot, they smell the odor of
What is the federal criminal process?
Normally it starts with an FBI agent or some law enforcement agent from a federal agency coming by and seeing you. That tips you off right away you're
What relief can be obtained in a criminal appeal in Florida?
Normally appeals have one of three results, one is the appeal is affirmed which means you've lost the appeal and therefore it's over. Two, the
What should I do if I think I am going to be charged with a federal crime?
Well, the obvious answer is you need to hire a lawyer because if the FBI or US Customs or Immigrations come by to see you or the IRS has come by to
What types of sentences are there for crimes in Florida?
Basically in Florida there are two types of crimes. Misdemeanors and felonies. Misdemeanors are those that have a sentence of up to a year or less but