People interact with the world around them every day, making decisions and judgments at a moment’s notice. Some decisions, circumstances, affiliations, and bad luck can lead to criminal suspicion, however, and you might find yourself under investigation or facing criminal charges.
When you are charged with a crime, it can be terrifying to find out that you may be facing extensive prison time, costly fines, and other harsh penalties that can affect your freedom and finances. Most people are unaware of the legal complexities involved in a criminal case and it can be frustrating not knowing how the process works.
If you end up in trouble with the law, a West Palm Beach criminal defense lawyer can help you build your case. With the aid of a defense Attorney, you can understand what you face and what the consequences could be. It is your attorney’s job to get you the best possible outcome.
Crimes and Penalties
Most crimes are organized into misdemeanors and felonies with different penalties for each. In Florida, both misdemeanors and felonies increase by degrees based on the severity of the crime, and the penalties increase in turn.
For example, many traffic violations are considered second-degree misdemeanors, but a first offense DUI is a first-degree misdemeanor, and a third-time DUI is considered a third-degree felony if it occurs within ten years of a prior conviction. Some misdemeanors, like petty theft and assault, are charged as misdemeanors in the second degree and can be punished with up to 60 days in jail and a maximum fine of $500. Other, more serious misdemeanors—such as battery and stalking—are charged as misdemeanors in the first degree and can entail sentences of up to a year in jail and a fine of up to $1,000.
Common misdemeanor crimes that should result in contact with a criminal lawyer include:
- DUI
- Domestic violence
- Petit theft (which involves stealing less than $300 worth of items)
- Stalking
- Leaving the scene of an accident
If a crime rises to the level of felony, it comes with a more serious set of consequences, degrees, and punishments. Third-degree felonies, such as aggravated stalking and some assault and battery charges, are punishable with prison sentences of up to five years and fines of up to $5,000, while second-degree felonies (sexual battery, felony possession of firearms, and some drug crimes depending on the amount) can have sentences of up to 15 years in prison and maximum fines of $15,000.
Crimes that are commonly charged as felonies in Florida include:
- White-collar crimes (tax fraud, embezzlement, bribery, forgery, identity theft, etc.)
- Sexual battery or rape
- Drug trafficking
- Burglary
- Robbery
- Aggravated battery
- Possession of Controlled Substances without a Prescription
First-degree felonies and even more serious offenses can have even longer prison sentences, fines, and other consequences. Some charges, such as domestic violence or gun violations, could be a misdemeanor or felony depending on the details of the alleged crime. Both misdemeanors and felonies can have enhanced penalties if a person has prior convictions as well, and your specific situation will determine what you might be facing. Consulting with a Leifert & Leifert Former Prosecutor and Criminal Defense Attorney can help you build your defense against a West Palm Beach criminal investigation and prosecution.
How an Attorney Can Help You Throughout the Legal Process
Even before you have been charged with a crime, a Criminal Defense Attorney can help you protect yourself. As a police investigation develops and a suspect is targeted, an Attorney can make sure that the investigators follow the rules and do not violate your rights, such as your right to remain silent.
For example, an Attorney can question whether the police have probable cause to execute a search warrant and document if evidence is illegally seized. An Attorney can also stand by you during interrogation or even prevent one and make sure you exercise your right not to incriminate yourself or say anything, should you choose to remain silent.
Once criminal charges arrive, your Attorney can directly challenge the process used and the evidence against you in order to show that you cannot be convicted beyond a reasonable doubt. A lawyer can look to exclude unreliable or prejudiced evidence, such as laboratory tests that could be faulty and eyewitness accounts that might falsely implicate you. Your lawyer should also work to make sure that you are released pending the outcome of your case or are able to secure probation and are not spending any unnecessary time in jail or prison.
You might also have an alibi and additional evidence that your lawyer can introduce to further demonstrate that you did not commit the crime. Starting as quickly as possible will allow your West Palm Beach Attorney to start building a robust criminal defense, even if you have not been charged yet.
What To Do If You Are Arrested
If you have been arrested on suspicion of committing a crime, it is important to try and stay calm in order to avoid escalating the situation. Do not resist arrest. Give the officer your name and basic information, but state clearly that you wish to remain silent and speak with an Attorney. As soon as you are able, write down the details of the arrest, including where it took place, when, and the names of the officers involved, as well as any witnesses. If you have not yet spoken to a Criminal Defense Lawyer in West Palm Beach, contact us to learn more about your legal options and how to protect your rights.
Frequently Asked Questions
Should I agree to allow a police officer to search my vehicle or home?
The police are only able to search your home under two circumstances: If they have a warrant to do so or if someone inside the home consents to the search. A person is not required to consent to a search, and it is generally advised that this request be politely declined, as it allows officers to gather evidence that can be used against you in a criminal case.
When it comes to vehicles, officers have a bit more leeway to search. They can search a suspect’s vehicle if they have a warrant or consent, and can also search the vehicle without a warrant if they have probable cause to believe that it contains evidence of a crime. Additionally, if the individual is being arrested, officers are permitted to search the vehicle to ensure there are no weapons that can be used against law enforcement personnel and to inventory the vehicle if it is about to be towed.
If I hire a Criminal Defense Lawyer, does that make me look guilty?
Those who have been accused of crimes in West Palm Beach have a Constitutional right to legal representation. Being accused and potentially convicted of a crime is a serious situation filled with complex challenges. Judges and juries understand that not only is having an Attorney a right for the accused, but an important aspect in ensuring that the system is fair and functional. Law Enforcement officers often invoke their rights to counsel and to remain silent if they are ever accused of anything, so should you.
Can my criminal record be expunged?
In certain circumstances, criminal records can be expunged, which means they are erased from public view. This option is generally available in limited circumstances when an individual was accused of a crime, but was later acquitted, the charges were dropped, or the conditions of a diversion program were completed. Some criminal records cannot be expunged, including those involving crimes such as arson or assault. Individuals can only have one record expunged or sealed in their lifetime.
An experienced Lawyer can help you understand if you are eligible to apply for expungement and may be able to provide services to assist you with the application process.
How are federal cases different than state criminal cases?
Being accused of a federal crime often exposes a person to potentially harsher penalties than state crimes do, and involves alleged crimes that cross state or even national boundaries. These crimes may include drug trafficking and other drug crimes, white collar crimes such as fraud and embezzlement, and more. Federal cases are tried in US District Courts rather than in state trial courts.
Speak with a Criminal Defense Attorney in West Palm Beach Today
Every person deserves the opportunity to defend themselves in the face of the power of the State. With an experienced, compassionate lawyer on your side, you can explain what happened and protect yourself and your rights.
A West Palm Beach Criminal Defense Lawyer from Leifert & Leifert can fight on your behalf and get you the best result possible. Contact our offices for a free consultation and case review by one of our lawyers to learn more.
