If you ever find yourself in a Florida misdemeanor court, you are unlikely to be a regular citizen. Florida has hundreds of cases every year ranging from pickpocket theft to drug possession. Although these types of offenses are not felonies, they still have the same damaging impact on one’s name, job opportunities, and the future. So, if one ever gets charged with a misdemeanor offense, what should they do to prepare and increase the chances of winning the case? Let us get our hands dirty as we try to answer this question with some useful tips and advice from experienced Misdemeanor Defense Lawyers in Florida and best practices in Misdemeanor case handling.
Understanding Misdemeanors in Florida: What’s the concern?
First, let’s set the stage. Specifically in the state of Florida, misdemeanors fall under two major divisions.
- First-degree misdemeanors: They are also the more serious kind of the two misdemeanors and may lead to 1 year of imprisonment and $1000 worth of fines.
- Second-degree misdemeanors: As the name suggests, these are less serious than FDMs and usually carry sentences of no more than 60 days in jail and a $500 fine.
Arguably, misdemeanors are less serious than felonies and therefore, can be disregarded. However, what many seem to forget is that the repercussions can still plague you well beyond the hearing and even the consequences of the hearing itself. Some of these repercussions include imprisonment, a criminal record, probation, and even fines. It is further interesting to note that around a third of all adults in America have a criminal record; stigma surrounding criminal records, further jeopardizes prospects regarding work opportunities and affects your insurance coverage, amongst many things. This is where the importance of knowing how to deal with the hearing involving your misdemeanor comes in handy.
Step 1: Get a Misdemeanor Defense Attorney
You wouldn’t hand them a hammer to build a house without showing them a design and plan – and when it comes to fighting a case, one does not have the liberty to be so carefree. Fighting a defense trial is an extremely simple process that most people mess up because they have no clue what they are doing. You could ask yourself, should you want to represent yourself? That would be the same logic as performing surgery on oneself – and no one would do that.
Getting a proficient Florida Misdemeanor Defense Attorney can be the best option you have available. They start with all the relevant information that you have, and from there, get all the information they need regarding local law to formulate a case that suits their client best and is most likely to win.
Step 2: Make Sure You Have A Good Case From The Start
A Misdemeanor Lawyer would say, after all, it is better to be prepared than it is to scramble at the last moment. Do not leave seeking evidence at the last minute. Start searching early. Here is a summary of what you may need to focus on:
Collect All Evidence Available:
- Surveillance video recordings: If the crime that you’re being accused of is about theft or vandalism, looking for any possible video recordings can help clear your name.
- Witness testimonies: In some instances, a witness having a certain stature can testify on a person’s behalf or help in other ways that are internally important to the cause.
- Tangible evidence: Receipts, fingerprints, and various other items can either break or make your case.
- Social media references: Yes, your Instagram or Facebook might help you. If one happened to take pictures of their whereabouts when the crime was being committed enabling details that could help advance the case in the right direction.
Begin the Process of Law Over the Offenses:
The first thing your lawyer would do is to determine the strengths of the prosecution’s case. You can ask if the arrest was warranted for example. Did law enforcement make any violations in the gathering of the evidence? And even if one of the things went wrong, this gives your attorney room to settle for a strong defense.
Step 3: Identify the Types of Defenses
If you are fighting a misdemeanor case in the state of Florida, then your attorney would use one or several of these include
- Insufficiency of Evidence: The judge may dismiss your case if the prosecution does not have enough proof to show you committed the offense.
- Alibi: If you can establish that you were present in a different location during the time the crime took place, then you may be able to escape judgment.
- Self-Defense: This is a good defense in cases such as assault, where you are in danger and have to use force to defend yourself.
- Mistaken Identity: If the identification of the defendant is in question (perhaps the defendant was not the one who acted), this defense may save you from conviction as well.
Step 4: Settle the Case Through a Plea Bargain (If Necessary)
It is not every case that has to reach the courtroom. You might consider an out-of-court settlement and plead guilty, as your Misdemeanor Lawyer might advise you, depending on how strong the evidence feels against you. In most cases, the prosecution will agree to plead guilty in exchange for a plea deal which may lower the charges or reduce the severity of the punishment.
Take your time on this note, though. A proper Misdemeanor Defense Lawyer understands how to determine if the offer is reasonable. Many times, there are chances that there shall be an offer by the prosecution for a deal to prevent the case from going to trial but it does not mean that the agreement should be accepted immediately. Speak to your lawyer to evaluate if it is the best likelihood.
Step 5: Be Confident in Court
It’s not only what you say and how you say it, and if you are seeking to win your misdemeanor hearing, guarantee that you present yourself in the best possible way. Here is what you should do:
- Be professional in your dressing: Donning a professional outfit which may include a suit is a sign that the court is being taken with a high level of consideration and that there is seriousness about the case.
- Be courteous: Remember that a court of law is a restricted environment. Do not engage in disputes or become defensive even in the face of strong aggression from prosecution.
- Be truthful: The truth always sets one free, and in this case, lying is even worse as it makes things worse. There is no need to lie; there is no need to conceal anything because it will only hurt you.
Step 6: Remember The Penalty Alternatives
However, there may be other options besides jail time, even for those who have been found guilty. Florida has other sentencing alternatives, including:
- Probation: This is a popular sentence for first offenders. Conditions of probation include attendance at designated meetings, submitting drug tests, and performing community service.
- Community Service: Instead of serving a term of imprisonment, the offender may perform community work which would inform the courts about the remorse possessed by the offender.
- Diversion Programs: Sometimes the court may allow the accused a percentage of the sentence as diversion where the accused successfully completes the programs and agrees to have the charges dropped or lifted.
Such alternatives may imply evading the repercussions that come with being a criminal offender, and the Misdemeanor Lawyer will be the right person to push for them.
Step 7: Don’t Give Up If There Is No Win
In case you lose the misdemeanor case, you still have a chance to contest the ruling. A Misdemeanor Attorney can assist in filing an appeal against the decision of the court, law, or any procedure performed in court as part of the case.
Conclusion: Avoid Letting a Misdemeanor Charge Bestow Mischief on Your Future
A misdemeanor charge in Florida could scorn you easily but with the right approaches toward a defense, some of the damages can be rectified. While specific activities such as collecting evidence or seeking the services of an experienced Misdemeanor Defense Lawyer will be effective, what is of essence is all your efforts cumulatively in the end enable you to positively prevail the legal battle.
Then don’t hesitate if you are in search of a dependable as well as skilled Misdemeanor Defense attorney! I’ve defended numerous clients in Florida over the years. I will give you my all and assist you in reaching the best possible resolution of this tough case. Need expert assistance in your misdemeanor case?
Don’t wait any longer, get in touch with me now! To go over your strategy, call me at 407-717-8557 or send an email to: asj@smith-johnsonlaw.com
Isn’t your future worth it? Let’s secure it together.