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Criminal Law

I have been arrested.
What should I do?
Say nothing. Ask for an attorney to be present for any questioning. Speak to a family member to arrange bond so that you can get out of jail, if necessary. Do not speak to anyone about the case except for your attorney.

There is a warrant out for my arrest. Should I turn myself in?
Yes. However, first call a bondsman and make arrangements to get out of jail. Also, hire an attorney to represent you. It is almost always easier to hire an attorney and arrange for bond while you are still out of jail.

I got a DUI. Can I get out of it?
If you are arrested for a DUI, you should always contact an attorney. Even if you think you are guilty, sometimes an attorney can find ways to have the charge reduced or altogether dismissed. In Florida, a first offence for DUI requires a mandatory conviction. This means it will always be on your record. Therefore, it is important to ask an attorney about your chances to win a DUI case before you go to Court.

I want to press charges against someone. How do I do this?
By calling the police or state attorney’s office. The laws governing whether you need to speak to the police or the state attorney’s office are complicated. Try calling one or the other and they will tell you that they can help you or to call the other. We recommend you consult an attorney before pressing charges.

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How can I get my criminal records sealed/expunged? How do I receive a pardon?
In Florida, sealing of criminal history records is court-ordered. The person seeking to seal a criminal history record must apply for and receive a certificate of eligibility for sealing pursuant to Florida Statute 943.059. There are certain violations and conditions where eligibility will be denied, which are also outlined in F.S. 943.059. The application for sealing/expungement is available at your local county Florida Department of Law Enforcement office, or by contacting the Florida Department of Law Enforcement in Tallahassee at (850) 410-7645. There is an application fee, and it can take as long as one year to be processed and approved.
A. "pardon" in Florida is the remission of any fine or forfeiture or the commutation of any punishment, or for pardon or restoration of civil rights. Again, this is achieved through application for executive clemency through the Governor's office. Procedure regulations and conditions on application is governed by Florida Statute 940.03. You must seek an application through the State of Florida Parole Commission in Tallahassee. The direct line to the application department is (850) 488-2952. The phone number to the Parole Commission is (850) 922-0000. If you have questions about the application process, you may contact the Clemency Department at (850) 487-1175. There is an application fee, and you can expect the process to take from six months to one year from the date your completed application is submitted.