Florida Criminal Justice: Frequently Asked Questions



What happens if I am arrested?
When you are arrested by the police, you will be booked into the jail. In most cases you will have a bail amount set. You will then be processed into the jail. Within 24 hours you will be taken before a Judge for a preliminary hearing. At this hearing, the court will determine whether there is probable cause that a crime was committed and detain you. The Judge will inform you of the amount of your bail, if any. Sometimes the Judge will consider a bond reduction at this time. If you are not able to bond out you will be held in the jail until your case is resolved or the case is dropped.

What type of penalty and sentence am I facing if convicted?
You would be facing the maximum penalty for the crime of which you were convicted. Sentencing is a very complicated issue and is particular to each case. Some of the factors involved are the type of crime it is, your prior criminal history and mandatory minimums.

What types of sentencing enhancements are there, and what are their consequences?
There are many sentencing enhancements available to the prosecution in Florida. Some enhancements concern a person’s prior criminal history, date of release from custody or supervision. Some concern the type of crime charged, use of firearms or the amount of drugs.

What types of consequences are there if I am convicted of a crime?
There are many other consequences if you are convicted of a felony. The following are examples of some of those other consequences. You lose the right to vote, the right to own or posses firearms, to hold public office, as well as other rights. Your ability to obtain employment could be affected by a conviction which is a public record. You could lose your driver's license if you are convicted of certain crimes. If you are convicted of a sexual offense, you will be required to register as a sexual offender or predator depending on the charge and designation given by the court. You will also face indefinite involuntary commitment under the “Jimmy Ryce” Act prior to being released from prison. If you are convicted of almost any felony, the state will seek a DNA sample from you to add to the DNA database.

What is a motion to suppress?
A motion to suppress evidence is a tool used to exclude evidence that was illegally obtained.

Is there a general rule regarding giving consent to search?
There is nothing that prohibits the police from asking for consent to search anything, person, place, automobile, purse, bag, etc. However, you have the ABSOLUTE RIGHT to say no and refuse consent. If they believe they have enough of a lawful reason to search they will do it regardless of your refusal. You have nothing to gain by consenting. The police might say things like “if you have nothing to hide then why not?” or “I’ll just arrest you and search anyway?” or “If I find something I won’t arrest you.” While it is very scary to be confronted by one officer or several of them, you have the ABSOLUTE RIGHT to refuse consent. If you consent and they find anything illegal or evidence of illegal activity it can be used against you in court. If you refuse and they search you anyway, there might be a legal basis to suppress the evidence.

I refused to give consent and they want to search me anyway, what do I do?
Do not run or interfere with them. Do not fight them or resist them. If you resist them, they will arrest you and search you anyway. If other officers arrive on scene to assist with the search, then inform them in a polite tone and way that you have not consented to the search. If they search you and do not have a sufficient legal basis, then there might be a legal basis to suppress any evidence they find.

If a police officer knocks on my door and asks me to search my home, do I have to let the officer in?
NO, unless the officer has a warrant. There is nothing in the law that prohibits the police from asking to search your home. You have the right to refuse to consent a search. If you consent, anything the police find that is contraband or evidence of criminal wrongdoing will be seized and used against you in court.

If a police officer stops me on the street and asks to search me, do I have to let him?
NO, There is nothing that prohibits the police from asking to search you. If you consent, anything the police find that is contraband or evidence of criminal wrongdoing will be seized and used against you in court. If the police have reasonable suspicion to stop you and investigate a crime they are permitted to do a limited “pat down” search on the exterior of your clothing if they believe you are armed or a threat to them. They can not reach into pockets unless they feel something that they immediately identify as contraband. There are several legal issues that often come up during these types of cases and should be evaluated by a lawyer.

If the police ask me to search my car during a traffic stop, do I have to let them?
NO, There is nothing that prohibits the police from asking for consent to search. There is no requirement that you consent to the search of your vehicle. If you consent, anything the police find that is contraband or evidence of criminal wrongdoing will be seized and used against you in court. There are several legal issues that often come up during these types of cases and should be evaluated by a lawyer.

The police want to speak to me, should I speak to them without an attorney?
This is a very complicated question and the answer varies upon the facts and circumstances. You need to recognize that anything you say to the police can be used against you in court. If you give one answer to the police, and the government can show your answer is untruthful or inaccurate they can use that against you. If you refuse to speak to the police, your refusal to answer questions can not be used against you in court.

How do I choose a Criminal Defense Lawyer?
Very carefully. Do not choose one simply because they promise you the world. If they promise something get it in writing. Choose a Criminal Defense Lawyer who is a good criminal defense lawyer. Find out how long they have been a CRIMINAL DEFENSE lawyer, how many cases they have handled as a CRIMINAL DEFENSE lawyer, how many cases they have taken before a jury as a CRIMINAL DEFENSE lawyer. You need a CRIMINAL DEFENSE Lawyer. You need someone who is dedicated to the cause of defending people accused of crimes because that is what THEY believe in. The lawyers at Amador & Tager are dedicated to the accused. They have dedicated their criminal practice to fight for the accused.

How much will it cost for Amador & Tager to represent me?
Our fee is determined by several factors including the issues involved, the seriousness and complexity of the case and the time necessary to work on your case. We do not have a set fee schedule. Some cases take more time and resources to defend than others. Remember, you are hiring a professional to fight for your liberty, you are not buying a TV where they all function the same.

If you have been accused of a crime or wanted for questioning, do not risk your freedom and reputation to just any lawyer. You deserve the best and The Law Offices of Amador & Tager, is here for you. No matter the hour, contact us to schedule a free office consultation. We will discuss the case and determine exactly what the fee will be. Be assured that anything we discuss is protected by the Attorney Client privilege and will never be disclosed to anyone. Contact us via phone at (727)723-1616 for our Clearwater officer, at (813)250-0556 for our Tampa office, or via email using the contact form in the left column for a free consultation.