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Florida Criminal Defense

If you have committed a crime in Florida, are suspected of committing a crime in Florida, or have been accused of committing a crime in Florida, the government may prosecute you. If found guilty, you could face punishment ranging from the relatively minor (a small fine, for example) to the very severe (such as prison time).

The Florida government, as well as town and city governments, are responsible for enforcing Florida criminal law. The federal government enforces federal criminal law.

According to Wikipedia:

Criminal law involves the prosecution of wrongful acts by the state which are considered to be so serious that they are a breach of the sovereign's peace….The vast majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud.

Types of Crimes in Florida

Crimes are generally categorized as felonies and misdemeanors. A felony is a more serious crime that is punishable by more than one year in prison. A misdemeanor is punishable by one year or less in prison, or no prison time at all.

Certain crimes may be both felonies and misdemeanors depending on the severity of the crime and whether you have previously been found guilty of the same crime.

Examples of Florida felonies may include:

Examples of Florida misdemeanors may include:

If you have been charged with a crime in Florida, a local Florida criminal defense attorney can explain the potential consequences of the crime and help defend you in court.

The Florida Criminal Process

The Florida criminal law process involves a number of stages. These stages may vary depending on the jurisdiction and severity of the crime. In general, the criminal justice process involves the following stages:

  • Florida state law enforcement officials or local law enforcement investigate the crime
  • A Florida judge may issue a search warrant that allows investigators to search for evidence at a specific location
  • Law enforcement officials will interrogate witnesses and potential suspects to gain more information
  • If the officers have probable cause to believe a crime has been committed, they will arrest the person suspected of committing the crime
  • Law enforcement officials will decide to file criminal charges against the person suspected of committing the crime
  • The charges will be read to the person in court during an arraignment, where the person accused of the crime is asked to plead guilty or not guilty
  • The person accused of the crime (also known as the defendant) may be released from custody or may be kept in jail while awaiting trial
  • Before trial, the defendant's Florida criminal defense attorney may attempt to negotiate a plea bargain, or agreement for the defendant to plead guilty to lesser charges
  • If a plea agreement cannot be reached, the defendant's case will be resolved in a trial, where evidence is presented and either a judge or jury decides whether the defendant is guilty of the crime
  • After the judge or jury considers all of the evidence, a verdict is reached
  • If the defendant is found guilty, he or she may choose to appeal the decision and ask a higher Florida court to overturn it because of mistakes made during the criminal justice process

If you are found guilty of a crime in Florida, the punishment may vary depending on the severity of the crime, your intentions when you committed the crime, and your past criminal record. A Florida criminal defense lawyer can explain the consequences to you in more detail.

Additional Florida Criminal Law Resources

The U.S. Department of Justice's information on federal criminal law

The Florida Bar Association's Criminal Law Section

Information about U.S. Courts

The Florida Bar's information on Selecting an Attorney Specializing in Criminal Trial information about classification of crimes

Information about Florida State Courts

Expungement of criminal records in Florida