FREQUENTLY ASKED QUESTION

1. What happens right after I’m arrested? 

After an arrest, police will usually take you into custody and transport you to the county jail. Once there, you’ll go through a process called booking. This includes fingerprinting, taking your photo (a “mugshot”), and recording personal information like your address and date of birth. You’ll also be searched and your belongings stored.

It may feel overwhelming, but remember: an arrest is not the same as a conviction. You are still presumed innocent until proven guilty in court.

 

2. Do police have to read me my rights?

You’ve probably heard of “Miranda rights” from TV shows. Police must read you these rights—like the right to remain silent and the right to a lawyer—only if they plan to question you while you’re in custody. If they don’t question you, or if they already have enough evidence without your statements, they may not read them at all.

Even if officers don’t read you your rights, it doesn’t mean your case gets thrown out. It just means that anything you said before being properly warned might not be allowed in court.

 

3. Can police lie to me during questioning?

Yes. Unfortunately, police are legally allowed to use deception during interrogations. They might say things like, “We already have your fingerprints,” or “Your friend already confessed,” even if that’s not true. Their goal is to make you talk.

That’s why it’s best not to answer questions until you’ve spoken with a lawyer. Staying silent protects you from being tricked into saying something that can be twisted against you.

 

4. Should I talk to police to “clear things up”?

No. This is one of the most common mistakes people make. Even innocent explanations can be misinterpreted or taken out of context. Once you say something, you can’t take it back, and prosecutors may use it to strengthen their case.

The safest answer is: “I want to remain silent. I want a lawyer.”

 

5. What if I refuse to answer questions?

You have the constitutional right to remain silent. If you politely refuse to answer, the police cannot punish you just for staying quiet. They may try to pressure you, but once you ask for a lawyer, questioning should stop.

In court, the prosecutor is not allowed to argue that your silence means guilt. Exercising your rights cannot legally be held against you.

 

6. Can police search my car without permission?

Police need either your consent, probable cause, or a warrant to search your car. Probable cause means they have a reasonable belief a crime is happening—for example, if they say they smell marijuana. If you clearly say, “I do not consent to a search,” that protects your rights later, even if they search anyway.

Never physically resist a search. Let your lawyer challenge it in court.

 

7. What if I said something before being read my rights?

If you made statements before being read your Miranda rights, your lawyer may be able to file a motion to suppress those statements. If the judge agrees, that evidence can’t be used against you at trial.

Still, some statements may be allowed in if the court decides you weren’t really “in custody” at the time. That’s why it’s safest to avoid saying anything in the first place.

 

8. Am I being recorded in the police car?

Yes, almost always. Most police vehicles in Florida’s First Judicial Circuit have backseat cameras and microphones. Anything you say in the back of a patrol car is likely being recorded. Many clients have hurt their cases by talking to themselves or calling someone from the backseat.

The safest approach: assume you’re always being recorded from the moment you’re stopped until you’re released.

 

9. Can police take my phone and look through it?

Police may take your phone as evidence if they believe it’s related to a crime. But to actually go through the contents—your texts, photos, apps—they usually need a search warrant.

Never give them your password voluntarily. If they access your phone without a warrant, your lawyer may be able to get that evidence excluded.

 

10. Do I have to let police into my home?

No, not unless they have a warrant or there’s an emergency (like hearing screams for help). If they knock and ask to come in, you can politely say, “I don’t consent to entry.”

If they do force their way in, don’t fight them physically. Let your lawyer challenge it later in court.

 

11. What should I say if I’m arrested?

The best response is short and respectful: “I am using my right to remain silent. I want a lawyer.” Beyond giving your name and basic identifying information, you should not answer questions.

Staying calm and polite makes things easier in the moment, but silence is your strongest protection.

 

12. What if the police use force or threaten me?

Stay as calm as possible and do not fight back physically. Even if police use excessive force, resisting may lead to more charges. Instead, try to remember details (officers’ names, badge numbers, locations) and share them with your lawyer.

If your rights were violated, your lawyer can file complaints, motions, or even lawsuits later.

 

13. Can I call someone right away?

In most cases, yes—you’ll be allowed to make at least one phone call after booking. Some counties allow more. Calls from jail are usually recorded, so be very careful about what you say. Don’t discuss the facts of your case over the phone.

The safest call is to a lawyer or a trusted family member who can contact one for you.

 

14. What if the arrest is a mistake?

Even if you’re completely innocent, police may still arrest you if they believe there’s probable cause. That doesn’t mean you’ll be convicted. Your lawyer can work to get the charges dropped later.

Never resist arrest, even if it feels unfair. Fighting the charges in court is always safer than fighting the police in the street.

 

15. Do I get my property back after an arrest?

Usually, yes. Your personal items will be taken during booking and stored. After release, you’ll get them back. If police seized items as evidence (like your phone, computer, or cash), you may not get them until the case is resolved—or sometimes not at all if the court says they were connected to the crime.

Your lawyer can file motions to return property if it’s being held unnecessarily.

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Section 2: Jail, Booking, and Bail

16. What does “booking” mean?

Booking is the process that happens after you’re arrested and brought to the jail. Officers take your fingerprints, photograph you, and record your personal information. They also log the charges against you into the system. Your belongings are taken, stored, and returned when you’re released (unless they’re kept as evidence).

It can feel degrading, but it’s mostly paperwork and procedure. The key is to stay calm, cooperate, and wait for the next step: bond or your first appearance before a judge.

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17. How long will I stay in jail before I see a judge?

In most cases, you’ll see a judge within 24 hours of arrest. This first hearing is called a first appearance. At this hearing, the judge reviews the charges and decides whether to set bail, release you, or hold you without bail in rare cases.

If you’ve already posted bond before first appearance, you may be released without seeing the judge. But if you’re being held on serious charges, you may stay longer until the court makes a decision.

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18. What is bail?

Bail (sometimes called bond) is money or property you give to the court to guarantee you’ll return for your future court dates. It’s like a security deposit to make sure you don’t run away.

If you attend all hearings, bail is returned (minus some small fees). If you miss court, you lose the bail and may face a new arrest warrant.

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19. What’s the difference between cash bail and using a bondsman?

• Cash Bail: You or your family pay the full amount directly to the court. If you follow all conditions and appear at court, you usually get most of it back when the case ends.
   

• Bail Bondsman: You pay a bondsman about 10% of the bail amount. They post the rest. That 10% is their fee, and you don’t get it back.
   

Cash bail is cheaper in the long run if you can afford it, but most people use bondsmen because they don’t have thousands of dollars available right away.

 

 

20. Do I get my bail money back?

If you paid cash bail, you usually get it back at the end of the case, minus court fees. This is true even if you’re convicted, as long as you appeared for all hearings.

If you used a bondsman, you don’t get your 10% fee back—that’s their profit. But you do avoid tying up a large amount of cash for months or years.

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21. What if I can’t afford bail?

If you can’t afford bail, you may qualify for a pretrial release program. These programs sometimes let people out without paying money, as long as they follow conditions like drug testing, ankle monitoring, or regular check-ins.

Your lawyer can also ask the judge for a bond reduction hearing to lower the amount. Judges may agree if the bail is unreasonably high or if you have strong community ties.

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22. Can bail be denied?

Yes, but only in certain situations. For serious violent felonies or cases where the judge believes you’re a danger to the community, bail can be denied. The State can also request a hearing for “pretrial detention” to argue you should stay in jail until trial.

Most people are given some form of bail, but the amount and conditions may be strict.

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23. What are pretrial release programs?

Pretrial release programs are alternatives to paying bail. Instead of money, you’re released under conditions like:

• Regular check-ins with an officer.
   

• Drug or alcohol testing.
   

• GPS ankle monitoring.
   

• Travel restrictions.
   

These programs are common in domestic violence cases or when someone can’t afford bail. The downside is that the conditions can be very strict, and violations can land you back in jail.

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24. What happens if I miss a court date while on bail?

Missing a court date is serious. The judge will issue a bench warrant for your arrest, and your bail may be forfeited. If you paid cash, you may lose the full amount. If you used a bondsman, they may send bounty hunters to bring you back.

If you miss court for a valid reason (like a medical emergency), contact your lawyer immediately. Sometimes the judge will cancel the warrant if you can prove the excuse was real.

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25. Can bail conditions be changed later?

Yes. Your lawyer can file a motion to modify bail conditions. For example, if you’re on electronic monitoring but get a steady job, your lawyer may ask the judge to remove or ease that condition.

Judges often consider these requests if you’ve been following all rules, showing up to court, and staying out of trouble while your case is pending.

Section 3: Court Hearings & Arraignment

26. What is arraignment?

Arraignment is usually the first formal court hearing after your arrest. At this hearing, the judge tells you what charges have been filed and asks for your plea: Guilty, Not Guilty, or No Contest. It’s like the official starting point of your case.

Nothing major usually happens at arraignment besides entering a plea. It’s more administrative than dramatic, but it’s an important milestone in the process.

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27. Do I have to go to arraignment if I have a lawyer?

In many cases, no. If you hire a private lawyer before your arraignment, they can file a written plea of Not Guilty and a waiver of appearance. This means you don’t have to show up in person.

If you don’t have a lawyer yet, you must attend. The judge can appoint a public defender if you qualify financially.

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28. What if I miss my arraignment?

Missing arraignment is a big mistake. The judge will almost always issue a bench warrant for your arrest. That means police can arrest you anytime, even at work or home.

If you realize you missed it, contact your lawyer right away. Sometimes the lawyer can file a motion to recall the warrant and reset your arraignment without you being taken into custody.

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29. What are my plea options at arraignment?

You generally have three choices:

• Not Guilty: This keeps all your rights intact and gives your lawyer time to review the evidence.
   

• Guilty: You admit the charges. This ends the case but may result in sentencing right away.
   

• No Contest (Nolo Contendere): You don’t admit guilt, but you accept punishment.
   

Most defense lawyers recommend starting with Not Guilty, even if you plan to negotiate later. You can always change your plea, but you can’t undo a guilty one.

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30. Can I plead guilty at arraignment to end the case quickly?

You can, but it’s rarely a good idea. At arraignment, you don’t yet know what evidence the State has—or doesn’t have. Pleading guilty too soon may rob you of the chance to fight the case or negotiate a better deal.

Even if you’re planning to take a plea later, starting with a Not Guilty plea keeps your options open.

 

 

31. What does “No Contest” mean?

“No Contest” means you don’t fight the charges but you also don’t admit guilt. The court treats it the same as a guilty plea when it comes to punishment. Some people choose this option because they don’t want their plea used against them in a related civil case, like a car accident lawsuit.

However, immigration law often treats “No Contest” as if you were guilty, so non-citizens must be very cautious with this plea.

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32. What is a waiver of appearance?

A waiver of appearance is a document your lawyer can file so you don’t have to attend certain court dates, including arraignment. This saves you from sitting in a crowded courtroom while your name is called on a long list.

Once a waiver is filed, you only need to appear for major events like trial, plea hearings, or specific hearings where the judge orders you to attend.

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33. Will evidence be shown at arraignment?

No. Arraignment is not a trial. The judge does not hear witnesses, and the prosecutor does not present evidence at this stage. The purpose is simply to inform you of the charges and enter a plea.

Evidence comes later during discovery and pretrial hearings. Arraignment is just the official “check-in” that sets your case on the path forward.

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34. How long does arraignment take?

If you must appear, arraignment itself usually lasts only a few minutes once your case is called. The wait, however, can be long—sometimes hours—because many cases are scheduled for the same time.

If you have a lawyer who files a waiver, you may avoid the wait altogether.

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35. Can my case be dismissed at arraignment?

It’s possible but rare. Sometimes the prosecutor decides not to file charges by the arraignment date, or files reduced charges. In those cases, your case might be dismissed or downgraded.

But for most people, arraignment is just the beginning. Dismissals are more likely to happen later through motions or plea negotiations.

Section 4: Understanding Charges

36. What’s the difference between a misdemeanor and a felony?

Misdemeanors are less serious crimes, usually punished by up to one year in county jail. Felonies are more serious and can lead to years in state prison. The difference isn’t just in punishment—it also affects how your case moves through the court system.

Misdemeanors are handled in county court, often by newer prosecutors with lighter caseloads. Felonies are handled in circuit court, where judges and prosecutors tend to be stricter.

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37. What’s the punishment for misdemeanors?

Misdemeanors come in two levels:

• Second-degree: Up to 60 days in jail.
   

• First-degree: Up to 1 year in jail.
   

Even though these sound minor, they can have serious consequences. A misdemeanor conviction can still hurt your career, affect your immigration status, and stay on your record permanently unless sealed or expunged.

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38. What’s the punishment for felonies?

Felonies are divided into levels:

• Third-degree: Up to 5 years in prison.
   

• Second-degree: Up to 15 years.
   

• First-degree: Up to 30 years.
   

• Life felony: Life in prison.
   

• Capital felony: Life or the death penalty.
   

Felonies also often include heavy fines, probation, and the loss of important rights like voting and gun ownership.

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39. What is Florida’s sentencing score sheet?

Florida uses a point system to guide sentencing. Each crime is assigned a certain number of points, and your past criminal record adds more. Judges use this score sheet to calculate a recommended sentence.

If your score is high (over 44 points), you may face mandatory prison unless the judge has a special reason to depart downward. If your score is low (under 22 points), prison is unlikely unless aggravating factors are present.

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40. What does “over 44 points” mean?

On Florida’s score sheet, 44 points is the prison threshold. If your case adds up to more than 44 points, the judge is supposed to sentence you to prison unless they find a strong reason not to.

Lawyers often fight hard at sentencing to show reasons for a downward departure—like strong family support, job stability, or unusual circumstances.

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41. Can a misdemeanor become a felony?

Yes. Some crimes “stack” if repeated. For example, a second battery charge can become a felony. A third DUI also becomes a felony, even if the earlier DUIs were misdemeanors.

This is why repeat offenses matter so much. Something that seems “small” now could lead to much harsher consequences later.

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42. Why do some people get harsher penalties for the same crime?

Sentencing often depends on more than the crime itself. A person’s criminal history, the prosecutor’s discretion, and the judge’s personal style all matter. Two people with the same charge can walk away with very different outcomes.

For example, one judge may prefer probation for first-time offenders, while another may hand out short jail sentences. Prosecutors may also treat cases differently depending on their workload, policies, or even personal beliefs.

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43. What’s the “trial tax”?

The trial tax is when defendants who go to trial and lose get punished more harshly than those who take a plea deal. It’s not an official rule, but it’s a common reality in Florida courts.

For example, the State might offer probation in a plea deal. If you refuse and lose at trial, the judge might give you years in prison instead. This unfair practice pressures many people into pleading guilty even if they might have won.

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44. How do prosecutors decide what to charge me with?

Prosecutors have wide discretion. They review the police reports and decide what charges to file, reduce, or sometimes dismiss. Their decision depends on the evidence, the seriousness of the crime, and office policies.

In the First Judicial Circuit, new prosecutors often handle misdemeanors, while more experienced ones handle serious felonies. That experience level can affect how fairly—or harshly—your case is treated.

 

 

45. Can charges be reduced later?

Yes. Prosecutors often start with higher charges to have leverage. As the case develops, they may reduce charges through plea bargaining or because they realize the evidence isn’t strong enough.

Your lawyer can negotiate for reduced charges, especially if you’re a first-time offender, if the State’s case is weak, or if there’s overwhelming court congestion.

Section 5: Evidence & Discovery

46. What is discovery?

Discovery is the legal process where both sides share the evidence they plan to use at trial. In Florida, the rules give defendants broad access to what the State has gathered. This includes police reports, witness statements, videos, lab results, and any other materials related to the case.

Discovery is important because it gives you and your lawyer a chance to see the State’s evidence and plan your defense. Without it, you’d be walking into trial blind.

 

 

47. When does my lawyer get the evidence?

Once your lawyer files a “Notice of Discovery,” the prosecutor is supposed to hand over evidence within 15 days. In practice, it often takes longer—sometimes weeks or months. Some prosecutors delay until just before major court dates to pressure defendants into pleading.

Your lawyer’s job is to push for timely disclosure. If the State drags its feet, your lawyer can file motions to force them to comply.

 

 

48. What if the prosecutor doesn’t give us everything?

If the prosecutor fails to provide evidence, it can be a serious violation of your rights. Your lawyer can file a motion to compel disclosure or even ask the judge to exclude evidence or dismiss charges if the violation is severe.

In some cases, if hidden evidence comes to light after trial, it can be grounds for an appeal or a new trial. That’s why lawyers carefully review discovery and stay alert for signs the State is holding something back.

 

 

49. What is Brady material?

Brady material is evidence that helps the defense or hurts the credibility of State witnesses. It comes from a U.S. Supreme Court case, Brady v. Maryland. Prosecutors are required to hand over this type of evidence, even if it damages their own case.

Examples include: a witness changing their story, lab tests that don’t match the State’s claims, or a police officer with a history of lying. If prosecutors hide Brady material, it can result in sanctions, dismissal, or reversal on appeal.

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50. Can I see all the evidence myself?

Yes, your lawyer can share discovery with you. Sometimes lawyers give clients summaries instead of full copies to avoid overwhelming them or to protect sensitive information. In jail cases, access may be limited, but you can usually review discovery during meetings with your lawyer.

Being involved and asking to see discovery helps you understand your case better and may remind you of details or witnesses your lawyer should know about.

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51. What is a deposition?

A deposition is a sworn interview of a witness before trial. In Florida, defense lawyers can depose most State witnesses, including police officers. The witness answers questions under oath while a court reporter records everything.

Depositions can lock in testimony, catch lies, or reveal weaknesses. But they can also give the State a preview of the defense strategy, so good lawyers use them carefully.

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52. Do all witnesses get deposed?

No. Some defense lawyers depose everyone, but that’s not always wise. Depositions can help witnesses practice and make them stronger at trial. They also alert prosecutors to weaknesses in their case, giving them time to fix problems.

Most experienced defense lawyers are selective, deposing only key witnesses where locking in testimony is critical.

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53. Can I get copies of police bodycam video?

Yes, if the State has bodycam or dashcam footage, it should be provided during discovery. Bodycam evidence is often the most powerful tool in a case—it can prove police were wrong, misremembered, or exaggerated.

If video isn’t provided, your lawyer can file a motion to compel. Sometimes law enforcement claims video was lost or not working, which may itself become a defense issue.

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54. What if a witness lies?

If a witness lies, it’s your lawyer’s job to expose it. This can happen through depositions, cross-examination at trial, or by comparing their story with physical evidence like video or text messages.

If the State knowingly uses false testimony, that’s a constitutional violation. Judges can dismiss cases, and convictions can be overturned if false testimony was critical to the outcome.

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55. Do I have to give the State my evidence?

In some cases, yes. If you plan to use certain defenses—like an alibi—you must notify the State in advance. You also have to share reports from any experts you plan to call at trial.

But you don’t have to hand over every piece of information you’ve gathered. Often, it’s better to keep some evidence private until trial so the State can’t prepare against it.

Section 6: Motions & Plea Agreements

56. What is a motion to suppress?

A motion to suppress is a request your lawyer makes to keep certain evidence out of court because it was obtained illegally. For example, if police searched your car without probable cause or didn’t read you your Miranda rights before questioning, your lawyer may argue the evidence should not be used.

If the judge grants the motion, the State can lose key evidence—sometimes enough to dismiss the entire case. That’s why motions to suppress are one of the most powerful tools in criminal defense.

 

 

57. What is a Stand Your Ground motion?

Florida law allows you to argue that you acted in self-defense and should not even face trial. A Stand Your Ground motion asks the judge to dismiss your charges before trial if the evidence shows you acted lawfully to protect yourself.

The upside is that if the motion succeeds, the case ends immediately. The downside is that it gives the prosecutor a chance to see your defense strategy in advance. That’s why lawyers usually file it only when they’re confident the facts are strong.

 

 

58. What is a motion to dismiss?

A motion to dismiss argues that even if all the facts in the charging documents are true, they don’t add up to a crime under the law. For example, if someone is charged with burglary but the building was abandoned and not legally “occupied,” a dismissal might be appropriate.

These motions are less common than motions to suppress, but they can still be effective in cases where the State’s paperwork or legal theory is weak.

 

59. Do motions ever get cases thrown out?

Yes. A successful motion to suppress or dismiss can gut the State’s case. For example, if drugs found during an illegal search are suppressed, the prosecutor may have no case left.

But motions are not easy wins. Judges often side with the State unless the violation is clear. Even if the motion doesn’t end the case, it can still weaken the prosecution and give you leverage in plea negotiations.

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60. What is a plea bargain?

A plea bargain is an agreement between you and the prosecutor. You agree to plead guilty or no contest to some or all charges, and in return, the State agrees to a lighter sentence or reduced charges.

Plea bargains are the most common way cases are resolved in Florida. They can reduce risk, but they also mean giving up your right to a trial.

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61. Should I always take a plea deal?

Not always. While plea deals can reduce exposure to harsher penalties, they often carry hidden costs. A plea might affect your job, immigration status, or ability to own a firearm. Probation, which is common in plea deals, can be risky because violations often lead to harsher punishments than the original charge.

The decision to accept a plea should only be made after reviewing the evidence, the possible trial outcome, and your long-term goals.

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62. What happens if I reject a plea offer?

If you reject a plea, your case moves toward trial. The prosecutor may withdraw the offer or make a tougher one later. Sometimes rejecting a plea creates leverage—prosecutors don’t always want to risk trial.

But rejecting a plea also means taking on the risk of the “trial tax”—a harsher sentence if you lose at trial.

 

 

63. Can the judge reject a plea deal?

Yes. Judges must approve all plea deals. If they think the agreement is too lenient or doesn’t follow legal rules, they can reject it. This is rare, but it happens in serious cases.

If a judge rejects a deal, you can choose to renegotiate with the prosecutor or continue to trial.

 

 

64. What are the risks of probation?

Probation may sound easy, but it’s filled with strict rules—like curfews, drug testing, community service, or no contact with certain people. Even minor slip-ups can count as violations.

If you violate probation, the judge can send you to jail or prison for the maximum sentence you originally faced, and you don’t always get credit for the time you already spent on probation.

 

 

65. Why do so many people plead guilty?

Most people plead guilty because they fear the risk of trial. The “trial tax” makes the punishment much harsher if you lose, so many defendants take deals even if they might have a good defense.

The system relies on this—if everyone demanded a trial, the courts would grind to a halt. That’s why prosecutors and judges often pressure people to plead.

Section 7: Trial

66. What is jury selection?

Jury selection is the process of choosing the group of citizens who will decide your case. Dozens of potential jurors are brought into the courtroom, and both the prosecutor and your lawyer ask them questions to see if they can be fair.

Jurors who show bias—like saying they always trust police or think anyone arrested must be guilty—can be removed. The goal is to create a jury that can truly listen to both sides and decide only on the evidence.

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67. How many jurors will I have?

In most Florida criminal cases, you’ll have six jurors. In capital cases, where the death penalty is possible, there are twelve jurors.

These jurors are the ones who decide your guilt or innocence. Their decision must be unanimous—every juror must agree on the verdict.

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68. What is voir dire?

“Voir dire” is a French term that means “to speak the truth.” It’s the part of jury selection where lawyers ask questions to potential jurors.

This is the defense lawyer’s chance to build trust, explain key concepts like “reasonable doubt,” and remove jurors who may be unfair. It’s one of the most important stages of trial because it shapes who will be judging your case.

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69. Do I get to pick my jurors?

Not directly. Your lawyer and the prosecutor ask questions, and then each side can challenge certain jurors. Some jurors are removed “for cause” (like obvious bias), while others can be struck with a limited number of “peremptory challenges.”

So while you don’t personally select the jurors, your lawyer plays a key role in shaping the group.

 

 

70. What happens if a juror is biased?

If a juror shows bias during voir dire—for example, saying they “always believe the police”—your lawyer can ask the judge to excuse them “for cause.”

If the bias comes up later during trial, your lawyer can ask the judge to remove that juror and replace them with an alternate. Protecting your right to a fair jury is one of the defense’s biggest responsibilities.

 

 

71. Do I have to testify?

No. You always have the right to remain silent at trial, just like during arrest. The decision to testify is yours, and you should make it after talking carefully with your lawyer.

Sometimes it helps to tell your side. Other times, it’s safer to let the State try—and fail—to prove their case without you saying a word.

 

 

72. Can the jury hold it against me if I don’t testify?

No. The judge will specifically instruct the jury that they cannot use your silence as evidence of guilt. It’s a constitutional right not to testify.

In reality, some jurors may still wonder why you didn’t speak. That’s why lawyers often address this issue directly, reminding jurors that the burden is entirely on the State.

 

 

73. How long does a trial usually last?

It depends on the charge. A simple misdemeanor trial may last only a day or two. A felony trial could last a week or more.

Delays are common. Even if your trial is set for a certain week, it might get continued because of court congestion or scheduling conflicts.

 

 

74. What happens in opening statements?

The prosecutor goes first and outlines the story they plan to prove. Then your lawyer gives an opening statement, often reminding the jury that what the prosecutor says is not evidence—it’s just a preview.

A good defense opening sets the stage for doubt and encourages the jury to pay close attention to inconsistencies in the State’s case.

 

 

75. What is cross-examination?

Cross-examination is when your lawyer questions the State’s witnesses after they testify. It’s one of the defense’s most powerful tools.

A skilled cross-examination can expose lies, highlight contradictions, and show jurors that a witness may not be as reliable as the State claims.

 

 

76. What happens if the prosecutor hides evidence at trial?

If the State hides evidence, your lawyer can object and ask the judge to sanction them. Sanctions can include delaying the trial, excluding the hidden evidence, or even dismissing the case.

If hidden evidence is discovered after trial, it may be grounds for appeal or a new trial.

 

 

77. What is “reasonable doubt”?

Reasonable doubt is the highest standard of proof in the American justice system. It means the jury must be firmly convinced of guilt. If there’s any reasonable question about whether the defendant committed the crime, the verdict must be Not Guilty.

This standard is intentionally high because a person’s freedom is at stake.

 

 

78. Can the jury ask questions?

In Florida criminal trials, jurors don’t directly question witnesses. They must listen to the evidence presented by both sides.

Jurors do sometimes submit written questions to the judge, but this is rare and depends on the judge’s rules.

 

 

79. What happens if the jury can’t agree?

If the jury cannot reach a unanimous verdict, it’s called a hung jury. In that case, the judge declares a mistrial.

The prosecutor then decides whether to dismiss the charges, offer a new plea deal, or retry the case with a new jury.

 

 

80. What if the judge makes a mistake during trial?

If the judge allows improper evidence, gives the wrong jury instructions, or makes another legal error, your lawyer can object. If the error affects the outcome, it can be appealed after trial.

That’s why lawyers constantly object during trial—to preserve issues for appeal and protect your rights.

Section 8: Sentencing & Appeals

81. What happens right after a guilty verdict?

If you are found guilty (or if you pled guilty earlier), the case moves into sentencing. Sometimes sentencing happens right away, especially in minor cases. In more serious cases, the judge will schedule a separate sentencing hearing a few weeks later.

During this period, the probation office may prepare a presentence investigation report (PSI) that gives the judge background on you—your history, work, family, and other details. This report can influence how harsh or lenient your sentence will be.

 

 

82. What is a sentencing hearing?

A sentencing hearing is where the judge decides your punishment. The prosecutor, your lawyer, and sometimes even victims may speak. You or your family members may also be allowed to give statements asking for mercy or explaining your situation.

This is your lawyer’s chance to present mitigating factors—things that make you deserve a lighter sentence, such as steady employment, family responsibilities, or efforts at rehabilitation.

 

 

83. What is mitigation?

Mitigation means presenting reasons why the judge should go easier on you. For example, showing that you support children, volunteer in the community, or have taken steps like entering rehab or counseling.

Mitigation doesn’t erase guilt, but it can reduce punishment. A strong mitigation presentation can sometimes mean the difference between prison and probation.

 

 

84. Can my family speak at sentencing?

Often, yes. Judges may allow family, friends, or employers to write letters or even speak in court. These statements can humanize you, showing the judge you’re more than just a case number.

Well-prepared family testimony can make a big impact, especially if it highlights your positive contributions and the harm your absence would cause.

 

 

85. What are sentencing guidelines?

Florida uses a point system called the Criminal Punishment Code. Each crime is assigned a point value, and your prior record adds more points. The total points determine a guideline range for sentencing.

Judges usually follow the guidelines, but they can sometimes “depart downward” and give a lighter sentence if there are special reasons.

 

 

86. Can the judge go below the guidelines?

Yes, but only in special circumstances. These are called downward departures. For example, if you show exceptional rehabilitation efforts or if unusual factors make the standard sentence too harsh, a judge may go below the guidelines.

Your lawyer must file a motion and argue clearly why your case qualifies. Judges won’t do this automatically.

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87. How soon do I have to file an appeal?

You generally have 30 days from sentencing to file a Notice of Appeal in Florida. If you miss this deadline, you usually lose the right to appeal forever.

That’s why it’s critical to talk to your lawyer about appeal options right after sentencing. Even if you’re considering it, filing the notice keeps the door open while you decide.

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88. What happens during an appeal?

An appeal is not a new trial. Instead, a higher court reviews the record to see if legal errors were made at trial or sentencing. Common appeal issues include improper jury instructions, wrongly admitted evidence, or a judge’s legal mistakes.

If the appeals court finds a serious error, they may order a new trial, reverse the conviction, or send the case back for a new sentencing.

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89. What is a post-conviction motion?

A post-conviction motion is a separate legal filing after your direct appeal. You might file one if you discover new evidence, or if you believe your trial lawyer was ineffective.

These motions are complex and often require detailed proof. But they can sometimes overturn convictions or reduce sentences even years later.

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90. Can I get a new trial if new evidence appears?

Yes, but only if the evidence is truly new and important. For example, if a witness recants their testimony or DNA testing proves innocence, a judge may grant a new trial.

The new evidence must be something that couldn’t have been discovered earlier with reasonable effort. Courts set a high bar, but it can happen, especially with modern forensic technology.

Section 9: Immigration Consequences

91. Will this affect my green card?

Yes, criminal charges can affect permanent residents. Certain convictions, especially drug crimes, domestic violence, and theft, are considered “crimes of moral turpitude” or “aggravated felonies” under immigration law. These can make you deportable or block you from renewing your green card.

Even a misdemeanor can cause serious immigration problems. That’s why it’s critical to have both a criminal defense lawyer and an immigration lawyer working together.

 

 

92. Can I be deported for a misdemeanor?

Yes, some misdemeanors can still trigger deportation. Immigration law doesn’t treat crimes the same way Florida law does. For example, a petit theft misdemeanor may be considered a “crime of moral turpitude,” which can put you at risk of removal.

The safest rule: never assume a misdemeanor is harmless if you’re not a U.S. citizen. Always check immigration consequences before making any plea decision.

 

 

93. Can I be deported if I plead No Contest?

Yes. Immigration law usually treats a No Contest plea the same as a guilty plea. Even if you never say “I’m guilty,” the conviction still counts for immigration purposes.

This is one of the most common traps for immigrants. A plea deal that looks safe under Florida law may be devastating under federal immigration law.

 

 

94. What is an ICE hold?

An ICE hold (also called a detainer) is when Immigration and Customs Enforcement asks the local jail to keep you in custody after your criminal case so they can take you into immigration custody.

If you have an ICE hold, posting bail may not get you released—you might simply be transferred to ICE detention. That’s why non-citizens must be very cautious about posting bond without legal advice.

 

 

95. Should I post bail if I’m not a U.S. citizen?

Not without speaking to a lawyer first. Posting bail may get you released from county jail, but it could also trigger an ICE transfer, especially if there’s a hold in place.

Sometimes, it’s better to wait and fight the case locally rather than risk being deported before the criminal case is resolved. Each situation is different, so legal guidance is essential.

 

 

96. What if I have DACA or Temporary Protected Status (TPS)?

Criminal charges can quickly destroy protections like DACA or TPS. Even minor charges can make you ineligible for renewal.

If you have these statuses, it’s especially important to avoid any plea deal without knowing the immigration consequences. A single mistake could end your lawful status.

 

 

97. Do juvenile charges affect immigration?

Juvenile cases are treated differently under immigration law, but they can still cause problems. While juvenile adjudications aren’t considered convictions, the facts of the case can be used against you in immigration proceedings.

For example, if immigration authorities believe you’ve been involved in gang activity or drugs, even juvenile cases can create risks.

 

 

98. Can I apply for citizenship after a conviction?

It depends on the conviction. Some crimes create a permanent bar to citizenship. Others may delay eligibility until a certain period of “good moral character” has passed, usually five years.

If you’re considering applying for naturalization, always consult an immigration attorney first to see if your record makes you eligible.

 

 

99. Can my lawyer talk to immigration for me?

Your criminal defense lawyer can explain the immigration risks of your case, but often you’ll also need a separate immigration attorney. The two lawyers should communicate so that any plea deal is safe under both systems.

Many criminal defense firms work closely with immigration lawyers because the overlap is so important for non-citizen clients.

 

 

100. What should I do if immigration shows up at the jail?

If ICE officers question you in jail, you have the same rights: remain silent and ask for a lawyer. Do not sign anything without legal advice. Signing ICE papers can sometimes mean agreeing to your own deportation.

Contact your family and make sure they connect you with both a criminal and an immigration lawyer immediately. Acting quickly can sometimes make the difference between staying in the U.S. and being removed.