Do I need a Lawyer?

When faced with a possible jail or prison sentence, most criminal defendants choose to hire an attorney torepresent them. It is almost always better to be represented by a lawyer. Anyone who has spent even one minute in jail will tell you that your freedom is the most valuable possession you own. If you, or a family member, have been charged with a crime and face a possible jail or prison sentence it is in their best interest to make sure they are adequately represented.

What will happen if I am convicted of a crime?

The potential penalties you may receive if convicted will vary greatly depending upon the severity of the crime you are charged with, any prior crimes you may have been charged with, as well as other aggravating factors. Typical penalties include one or more of the following:

1. Incarceration in a jail or prison

2. Probation

3.Community Service

4. Restitution paid to the victim

5. Fine

Other potential consequences include removal or deportation if you are not a U.S. Permanent Resident orCitizen.

If I am arrested who should I speak to first?

If you are arrested or otherwise believe you may become charged with a crime the first person you shouldspeak with is a lawyer. What might seem like innocent statements to police or prosecuting officials may return to haunt you throughout your case. Nor should you discuss the situation with your family members or friends. What seem like innocent statements to friends and family may also be turned against you should you be accused of a crime. Additionally, anyone you speak with could potentially be charged with aiding and abetting. It is always best to speak with an attorney first and foremost if you have even a remote suspicion that you might be charged with a crime.

How will my attorney handle my case?

Typically, your attorney will begin preparing your case immediately. The manner in which your attorney handles your case will vary greatly depending upon the nature of the charges. After the enter of a plea of not guilty,usually, the first step is to attempt to get the accused out of jail prior to trial. This happens at the bond hearing where the judge advises the defendant of the charge(s), determines if the police had probable cause to make the arrest, determines whether the defendant can afford to pay for an attorney, or whether to appoint a Public Defender, and sets conditions of pre-trial release. However, if the defendant is arrested on a non-bondable offense, such as murder, sexual battery or kidnapping, Florida law presumes the defendant will remain in jail pending trial. In these circumstances the defendant or his attorney can ask for an "Arthur" hearing to attempt toconvince the judge to release the defendant pending trial. Next your attorney will begin preparing your case for trial by filing motions, investigating the allegations and deposing and interviewing potential witnesses. The defendant always has a right to assist in the preparation of their defense.

Is there any way to get my case over with?

A defendant can change his or her plea to either "guilty"or "no contest" if they wish to get their case over withwithout a trial. A guilty or no contest plea can be negotiated between the State Attorney prosecuting the caseand the Public Defender or private attorney handling your case. When agreeing to a guilty or no contest pleayou may be giving up significant rights and may face serious consequences as the result of a conviction. It isalways best to seek the advice of an attorney before accepting any plea.

How much will a private attorney cost?

You will find that the fee you may be charged by different attorneys varies greatly. There is no law requiring yourattorney charge you a set fee. Most lawyers charge either an hourly rate or a set fee. If you cannot afford aparticular attorney, chances are you will be able to find another attorney willing to charge a lower fee. You will find numerous attorneys and law firms listed in your local yellow pages. You can also contact the Florida Bar for a referral to a local attorney.

Will I have to pay my lawyer up front?

Most attorneys require a retainer. However, some attorneys offer payment plans. If you cannot afford an attorney's retainer, look around and you may be able to find one who will offer a reasonable payment plan. Again, look in your local yellow pages or contact the Florida Bar.

What is a retainer fee and is it refundable?

There are different types of retainer fees. Generally, a retainer fee is a fee paid to an attorney up front before they start working on the case. For example a lawyer who charges $200 per hour may want the client to pay for30 hours in advance, or $6,000. This fee will then be placed in a trust account. The lawyer will then withdraw his fee from the retainer account as he works on the case. The lawyer will likely require the client to makeadditional payments before the account reaches a zero balance. Whether all or a portion of your retainer agreement is refundable will depend on the particular agreement. Always make sure you understand whether any part of your retainer fee is refundable or non-refundable before you agree to pay any retainer. ALWAYS MAKE SURE YOUR RETAINER AGREEMENT IS IN WRITING

What if I cannot afford to hire a private attorney?

You or your loved one may be eligible to be represented by a court appointed attorney, commonly called a Public Defender.

What if I do not like the way my Public Defender is handling my case?

It is very unlikely that a judge will let you fire your Public Defender and appoint a new one. This usually happens only in the rarest circumstances.

What if I hire a private attorney and later decide they are not capable of handling my case properly?

You almost always have the right to fire your private attorney for any reason.

Are there other costs that I will incur?

Depending upon the nature of the charges against you there may be a variety of additional costs incurred inyour defense. These costs may include, but are not limited to, expert witness fees, costs of preparing exhibits,and fees paid to private investigators conducting investigations and locating witnesses on your behalf. Typically, the more complex your case and the more serious the charges, the greater these costs will be. However, the costs of a criminal conviction on your record and time spent in jail far outweigh these costs.