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Florida Criminal Defense FAQ

Frequently Asked Questions about Florida Criminal Laws, Procedures and Penalties

  1. How much does it cost to hire an attorney to defend me again my Florida criminal charge?
  2. What is the difference between a Misdemeanor and a Felony?
  3. What is a Withhold of Adjudication?
  4. What is an Ignition Interlock Device?
  5. If I am convicted (or plead guilty) to a DUI charge, will I have to get a car breathalyzer device (ignition interlock) installed in my car?
  6. What is a Motor Vehicle Hearing?

How much does it cost to hire an attorney to defense me again my Florida criminal charge?

There is no one answer, it depends on the complexity of the case, the severity of the charges, and a number of other factors.

However, after speaking to you in a free case evaluation, we will be able to quote you an exact fee. See my criminal defense legal fees page for more details.

What is the difference between a Misdemeanor and a Felony?

A felony conviction carries a penalty of over 1 year in prison, while a Misdemeanor conviction has a maximum penalty of 1 year or less.

What is a Withhold of Adjudication?

A Withhold of Adjudication, also known as deferred prosecution is a chance to have your record kept clean and no conviction entered if you complete the terms of your probabtion. If the court agrees to the deal, and you complete all the agreed upon terms and programs, the conviction is removed. No criminal conviction will appear on your record.

Typically, these deals are available for first time offenders who have never been in trouble before, and for minor misdeameanor charges. But it is possible to get a withold of adjudication in Florida, even for a felony offense.

What is an Ignition Interlock Device?

An ignition interlock is an electronic device that checks if you have consumed any alcohol before allowing you to start your car. It is essentially a breathalyzer device connected to your car's ignition.

It is a required penalty for some drunk driving convictions (see below). There is a monthly fee and maintenance process required.

If I am convicted of a DUI, will I have to get an ignition interlock device installed in my car?

On a first offense, an interlock ignition device is part of the punishment if you are considered a high BAC offender (over .15 BAC as of 7/1/09), known as an enhanced penalty. An interlock device is also required for any multiple offense conviction.

See my DUI penalties page for more info.

UPDATE: Under the new law, as of July 1, 2009 anyone convicted of a 1st offense DUI who registers a BAC  of .15 or higher, or almost twice the legal limit, will be required to get the device installed in his or her car for 6 months.

(The old "Enhanced BAC" DUI Law prior to July required a level of .20. More Details here and here.)

Also note this dissenting view on the harshness of Florida DUI penalties on regular, hard working citizens.

What is a Motor Vehicle Hearing?

A motor vehicle hearing is an administrative (not criminal) hearing held at the Florida DMV to protect your license after it has been suspended for failing or refusing a breath test from a DUI arrest.

You have 10 days to request a hearing.

The hearing must be scheduled within 30 days of the arrest.

If you do not choose to challenge your license suspension, for a 1st offense DUI charge, your license will be suspended for:

 

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If you've been charged with a criminal offense in the state of Florida, please contact us for a legal consultation on your situation, and we'll let you know what we can do to help. (877) 394-6959