Criminal Defense in Gainesville
- What are my rights when I have been charged with a crime?
- What should I do if I am arrested?
- The police want to question me. Should I answer their questions?
- If the police didn’t read me my rights, will the case be dropped?
- The court said I could have a public defender issued to me for free. Why should I hire a personal Gainesville criminal attorney?
- If I am pleading guilty, why would I need an attorney?
- What is the difference between a misdemeanor and felony?
- What kind of punishments might I face if I am convicted?
- The case comes down to my word against another person’s word. Can I really be convicted with no other evidence?
- If I’ve been convicted in another state, but never in Florida, will this count as a first offense?
Frequently Asked Questions
What are my rights when I have been charged with a crime?
The U.S. Constitution grants you the right to remain silent to avoid self-incrimination, the right to a reasonable bail, the right to a fair trial, the right to a Gainesville criminal lawyer, the right to hear the charges against you, the right to present evidence on your behalf and the right to confront witnesses against you. You are also protected from unreasonable search and seizures in your home.
What should I do if I am arrested?
Always be polite to the police officers and answer questions about your identity. Do not reveal answers to any questions that may incriminate you. Never lie to a police officer.
The police want to question me. Should I answer their questions?
You may want to cooperate with them, you may not. The situation varies based upon the specific case, which is why it is so important to always speak with your Gainesville criminal attorney from The Law Office of Gilbert Schaffnit first.
In some cases, providing your side of the story will actually let the police see that you were circumstantially innocent, and they will drop the charges. On the other hand though, some suspect statements are mistakenly seen as confessions, which is why it is so important to speak with your attorney first.
If the police didn’t read me my rights, will the case be dropped?
No, but anything you said to the police at the time, including giving a confession, cannot be used in court. Additionally, if they do read your rights, but you invoke your right to remain silent, and they continue pressing you to answer questions, anything you say can be suppressed in trial.
In some cases, the main evidence in the trial is the confession the suspect gave to the police, so if this information can be suppressed, you may be able to have the entire case dropped.
The court said I could have a public defender issued to me for free. Why should I hire a personal Gainesville criminal attorney?
There is nothing wrong with public defenders, but when you work with your own attorney, you can be selective about your defense representation. Additionally, public defenders can sometimes be bogged down with too many clients, whereas a personal attorney of your own will always be able to provide you with their full attention and resources.
If I am pleading guilty, why would I need an attorney?
A Gainesville criminal lawyer can help you negotiate a plea bargain to minimize the charges and sentencing. Even if you cannot afford to hire your own attorney, the public defender can help you receive a more favorable sentence than you would be able to obtain by pleading guilty without council.
Additionally, in some cases where a person is guilty, their rights have been violated during the investigation process. If enough of the evidence is suppressed for these reasons, the court may drop the charges all together. Without an attorney, this scenario is practically impossible.
What is the difference between a misdemeanor and felony?
Felonies are much more serious charges than misdemeanors. If you are convicted of a misdemeanor, you will be sentenced to no more than a year in jail. If you are convicted of a felony, your sentence will likely be over a year and you will be locked up in prison, rather than jail. Additionally, the fines are much more expensive in felony crimes.
If you are convicted of a felony, you will no longer be able to vote or hold public office. There are no such consequences for misdemeanor charges.
What kind of punishments might I face if I am convicted?
Your specific sentence will vary depending on your crime, but in Florida, the most common penalties include incarceration, fines, loss of driving privileges, loss of professional licenses, probation and community service. For some charges, you may also face a drug or alcohol rehabilitation program.
If you have any questions about the specific penalties you might be facing, ask your Gainesville criminal attorney.
The case comes down to my word against another person’s word. Can I really be convicted with no other evidence?
Yes. In many cases, for example those of domestic violence, this is the only evidence against a person. If the police and prosecutors believe the accuser, they will proceed with prosecution. If the jury accepts the word of the accuser without a shadow of a doubt, they will convict the suspect. These cases are still much easier to defend against than the average criminal trial though and often, if your attorney can show the person could have been mistaken, has a motive for lying, has an inconsistent story, or has a history of telling mistruths, you will usually beat the charges.
If I’ve been convicted in another state, but never in Florida, will this count as a first offense?
No, criminal records follow you throughout the nation, so if you have a criminal record in California, you will have a previous conviction in Florida. If the charge was something similar to what you are being accused of at the time, it will count as a prior offense for sentencing purposes.