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Orlando Misdemeanor Lawyers
Defending Misdemeanor Charges: Skilled Criminal Defense in Orlando
In Florida, the jurisdiction to hear misdemeanor cases is vested in the County Courts. Until the early 1970s, Florida had a judicial system that included Justice of the Peace Courts, Municipal Courts, County Courts of Record, Criminal Court of Record, and various other state courts. With the revision of Article V of the Florida Constitution, a unified court system was created. In this scheme of things, the County Court has jurisdiction over both non-criminal and criminal traffic and all other misdemeanors.
Crimes that are not felonies are misdemeanors. Common-law crimes that are not punishable by a year or longer in state prison are handled as misdemeanors.
Misdemeanors come in three basic categories:
- 1st-degree misdemeanors are punishable by up to a year in the County Jail and a fine of up to $1,000.
- 2nd-degree misdemeanors are punishable by up to 60 days in the County Jail and a fine of up to $500.
- Special designation misdemeanors are misdemeanor offenses for which the Legislature has established a penalty between the two categories above.
An example is reckless driving, which is punishable by up to 90 days in jail.
City and County Ordinance violations are ordinarily treated as 2nd-degree misdemeanors.
Right to Jury Trial
The right of an accused to a jury trial under the 6th Amendment of the U.S. Constitution and the Florida Declaration of Rights is secure for any misdemeanor offense for which jail may be imposed. Where the presiding judge is willing to execute a certification before a trial that even in the event of a conviction, the court will not impose any jail sentence (and that no jail could be imposed for a violation of any probation that might be imposed), then the right to a jury trial is lost. While misdemeanor offenses are not as serious as felony offenses, and the sentencing risk is less, the defense of these cases should nevertheless be taken seriously.
A misdemeanor drug offense is a drug offense, nevertheless, and it carries a certain stigma. While a petit theft case is a misdemeanor, the consequences of conviction are to be forever labeled “a thief.” While several sex-related offenses are misdemeanors, nobody wants to have a permanent record suggesting they are dangerous or perverted. Some misdemeanor cases have enhanced penalty provisions such that subsequent offenses can be charged as felonies.
Using the link buttons on the navigation bar above, we have provided statutes and other information on some of the more common misdemeanors.
Contact A Seminole County Misdemeanors Attorney
Before entering a plea to any offense, misdemeanor or not, you should first call one of our two locations at 407 743 8430 for a prompt and free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. Our criminal defense lawyers are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.
FAQs About Misdemeanors in Florida
Although a misdemeanor criminal offense is less serious than a felony, it still carries potential jail time, fines, and other penalties. A conviction on your record may impact future education, housing, and employment opportunities. The following are answers to some commonly asked questions about misdemeanors in Florida.
What Should I Do If I Am Arrested for a Misdemeanor in Florida?
If you have been arrested on misdemeanor charges, remain calm and silent and ask for an attorney. Do not answer questions from the police without legal counsel present. Anything you say can and will be used against you, so exercise your right to remain silent until you speak with a lawyer.
Will I Go to Jail If I Am Convicted of a Misdemeanor in Florida?
It depends on the situation. Many first-time offenders are able to avoid jail time, particularly for non-violent misdemeanors. Florida judges may impose probation, fines, community service, or diversion programs as alternative sentencing solutions. Repeated offenses or aggravating circumstances, such as DUI with a minor in the car, increase the likelihood of jail time.
What Happens at a Misdemeanor Arraignment?
An arraignment is your first court appearance, during which the charges against you are formally read, and you enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will move to pretrial hearings and, potentially, to trial. An experienced defense lawyer can advise you on the best plea strategy.
Can a Misdemeanor Charge Be Dropped?
Yes. Prosecutors have the discretion to drop the charges, particularly if there is insufficient evidence or if legal defenses exist. A skilled criminal defense attorney can negotiate for dismissal of the charges based on weak evidence, procedural errors, or eligibility for a diversion program.
How Do Diversion Programs Work in Florida?
A diversion program allows an eligible defendant to complete certain requirements – such as counseling, drug treatment, or community service – in exchange for the reduction or dismissal of the charges. Designed to provide rehabilitation rather than punishment, these programs are usually available for first-time, non-violent offenders. Successful completion of a diversion program often results in the case being dropped, which makes the defendant eligible for record expungement.
How Long Does It Take to Resolve a Misdemeanor Case?
It can vary widely. Some misdemeanor cases are resolved within weeks through plea deals with the prosecution, while others that go to trial can take months to resolve. Factors such as case complexity, evidence, and court schedules can affect the timeline.
What Happens If I Fail to Appear in Court for a Misdemeanor Charge?
Failure to appear (FTA) in court can result in a bench warrant being issued for your arrest. It can lead to additional charges, increase bail, and complicate the resolution of your case. If you missed a court date unintentionally, your attorney could help address the situation before you are arrested.
Do I Need a Lawyer for a Misdemeanor Charge?
Yes. Your best chance of obtaining the best possible outcome is to have an experienced criminal defense attorney handling your case. Although misdemeanors are less severe than felonies, they can lead to jail time, fines, and a criminal record. A defense lawyer can negotiate for alternative sentencing, reduced penalties, or even dismissal, depending on the circumstances.
Can I Get a Public Defender for a Misdemeanor Case?
If you meet the income requirements and cannot afford a private attorney, the court will appoint a public defender to represent you. However, hiring a private lawyer may provide a more personalized defense, as public defenders often have heavy caseloads.
Will a Misdemeanor Show Up On a Background Check?
Yes, a misdemeanor arrest and/or conviction can appear on a background check. This could impact future job prospects and housing opportunities.
Can a Misdemeanor Be Sealed or Expunged in Florida?
Sealing and expungement prevent access to a person’s criminal history. Expungement involves deletion and destruction of records while sealing classifies the record as confidential and not accessible to the public.
You may qualify for expungement in Florida if your case was dismissed, you completed a diversion program, or were acquitted by a judge or jury. Individuals with prior convictions or who have had another record sealed or expunged may not be eligible. Certain serious offenses are not eligible for expungement.
Individuals who were not convicted and have no prior criminal history may be eligible to have their records sealed. Certain charges may not qualify for sealing. A sealed record is still accessible to certain government agencies but hidden from public view.
How Does Probation Work for a Misdemeanor in Florida?
Misdemeanor probation is court-ordered supervision as an alternative to jail time. It typically includes conditions such as community service, fines, drug testing, and avoiding any further trouble with the law. A violation of the terms of probation can lead to arrest, jail time, and additional penalties.
What Happens If I Commit Another Crime While On Misdemeanor Probation?
Committing another crime is a violation of your probation. You could face probation revocation, additional charges, and jail time. Florida judges tend to impose harsher penalties for repeat offenses.
Can a Misdemeanor Conviction Stop Me From Owning a Firearm?
Under federal law, you could be prohibited from owning a firearm if you were convicted of a misdemeanor crime of domestic violence. Other misdemeanor crimes of violence, such as stalking or battery, could prevent you from owning a gun in Florida.
How Does a Misdemeanor DUI Differ From a Felony DUI?
A first or second DUI with no aggravating factors is typically charged as a misdemeanor. However, a third DUI within 10 years, a DUI with a minor in the vehicle, or a DUI causing serious injury may be charged as a felony offense. Felony DUI carries harsher penalties, potentially including a state prison sentence.
Can a Misdemeanor Conviction Affect Travel Outside the U.S.?
It depends on the entry requirements of the country where you are travelling. Canada and certain other countries have strict rules about admitting individuals with criminal records. Check the destination’s policies in advance if you plan to travel internationally.
What Are the Legal Defenses Against Misdemeanor Charges?
Defenses can vary, depending on the charges and the specific circumstance. An experienced criminal defense attorney can assess your case and determine the best strategy. The following are common misdemeanor defenses:
- Unlawful search and seizure
- Lack of evidence
- Self-defense (in cases such as battery)
- Mistaken identity
- Violation of the defendant’s constitutional rights
Why Choose The Defense Group?
Misdemeanor charges should not be treated lightly. Although they are lesser criminal offenses than felonies, misdemeanors carry serious penalties. A conviction can leave you with a criminal record and significantly impact your future prospects.
Our first priority at The Defense Group is protecting your freedom and your future. Our seasoned criminal defense attorneys have more than a century of combined experience, including a background in a wide range of criminal cases. The court system can be difficult to navigate for those with little legal background or knowledge. Our team of Orlando misdemeanor lawyers is here to protect your rights, negotiate with prosecutors on your behalf, and fight for the best possible outcome in your case. If you face misdemeanor charges in Florida, contact us today at 407-743-8430.