Palm Beach County Criminal Defense Attorney FAQs
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If you are arrested or under investigation, your absolute priority should be protecting your rights. Do not answer police questions, make a statement, or try to explain your side of the story without legal representation present.
Politely tell the officers, "I am exercising my right to remain silent and I want to speak to a lawyer." Your next step is to secure an experienced Palm Beach County criminal lawyer who can guide you through the booking process, protect your future, and handle all communications with law enforcement.
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The primary difference between a misdemeanor and a felony lies in the severity of the offense and the potential penalties if convicted:
Misdemeanors are less severe offenses (such as petty theft or first-time trespassing) handled in County Court. They carry a maximum penalty of up to one year in a local county jail.
Felonies are serious criminal offenses (such as grand theft, drug trafficking, or aggravated assault) handled in Circuit Court. Felonies carry penalties ranging from more than a year in state prison up to a life sentence, along with permanent loss of certain civil rights.
Whether you are facing a minor infraction or a high-stakes charge, securing a dedicated felony defense attorney or misdemeanor lawyer early is critical to building a compelling defense.
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Yes, under certain circumstances, a DUI defense attorney can negotiate with the prosecution to reduce a driving under the influence charge to a less severe offense known as "reckless driving.”
Whether a reduction is possible depends on specific details of your case, such as whether there were flaws in the law enforcement investigation, inaccuracies with the breathalyzer or field sobriety test, or a lack of probable cause for the initial traffic stop. An aggressive DUI lawyer will investigate the circumstances of your case to achieve the best possible outcome.
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Look for an attorney with extensive, proven courtroom experience and deep familiarity with local courts, judges, and prosecutors. You want a top-rated defense law firm that prioritizes clear client communication, local expertise, and an aggressive approach to pretrial litigation.
For instance, Mattie Fore has tried over 85 cases to verdict—including 78 jury trials—bringing unmatched trial-tested advocacy and a personalized, transparent approach to every case.
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In Florida, a victim cannot simply "drop charges" once an arrest has been made. Domestic violence offenses are prosecuted by the State of Florida, not the individual. Even if the complaining witness or victim signs a waiver or requests that the case be dismissed, the prosecutor can—and often does—still choose to move forward with pressing charges.
If you are facing these allegations, it is a mistake to assume the case will go away on its own. You need an aggressive domestic violence defense lawyer to step in immediately, review the State's evidence, and protect your rights.
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Collaborative, honest, and straightforward are a few of the adjectives our clients have used to describe our service. With consistent, verified 5-star reviews on Google, we’re confident in our ability to make this experience as straightforward as possible. We're here to guide you through the process, as you experience the best representation possible.
Your Direct Line to Defense
Exceptional communication is a hallmark of our practiuce. You are an integral part of this defense team. That means we keep you constantly updated, return your calls promptly, and ensure you are never left guessing about the status of your case.
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After an arrest, an individual is taken to jail for booking and an arraignment or first appearance hearing is usually scheduled within 24 hours. During this time, a judge determines if bail will be set and at what amount.
A bail bond allows a defendant to be released from custody while their case is pending by paying a non-refundable percentage (typically 10% in Florida) to a licensed bail bondsman, who acts as a surety to the court. If you or a loved one needs assistance navigating court appearances and securing a fair bond, consulting a private criminal lawyer immediately can help ensure the process moves as quickly and smoothly as possible.
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Under Florida’s "implied consent" law, by accepting a driver's license, you automatically agree to submit to approved chemical testing if lawfully arrested for DUI. If you refuse a breathalyzer test for the first time, your driver's license will be automatically suspended for 12 months. A second or subsequent refusal is a first-degree misdemeanor and results in an 18-month suspension.
However, an administrative suspension can be challenged. An experienced DUI defense attorney can represent you at a formal review hearing to fight for your driving privileges and examine whether the law enforcement officer had a lawful reason to request the test.
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No, this is one of the most common legal misconceptions. Law enforcement officers are only required to read your Miranda rights (the right to remain silent, the right to an attorney, etc.) if two conditions are met simultaneously: you are in police custody (not free to leave) and you are being subjected to interrogation (questioned about the alleged crime).
If they arrest you but never question you, they do not have to read your rights. However, if they interrogate you while in custody without reading your rights, any statements you make may be deemed inadmissible in court. A skilled criminal defense attorney will scrutinize the circumstances of your arrest to determine if your constitutional rights were violated.
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State charges involve violations of laws passed by the Florida legislature (such as local theft, battery, or standard drug possession) and are prosecuted by the local State Attorney's office in county or circuit courts.
Federal charges involve violations of United States federal statutes or crimes that cross state lines (such as internet fraud, drug trafficking across state borders, or white-collar embezzlement). Federal crimes are investigated by federal agencies like the FBI or DEA and carry notoriously harsh, mandatory minimum sentences. If you are under investigation by a federal agency, you need a specialized federal criminal defense attorney who is admitted to practice in federal district courts.If they arrest you but never question you, they do not have to read your rights. However, if they interrogate you while in custody without reading your rights, any statements you make may be deemed inadmissible in court. A skilled criminal defense attorney will scrutinize the circumstances of your arrest to determine if your constitutional rights were violated.
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To clear your background check, you must meet strict eligibility requirements set by Florida law. Generally, you can only seal or expunge a record if the case did not result in a conviction (meaning charges were dropped, dismissed, or you received a "withholding of adjudication") and you have never been convicted of a criminal offense before.
Expungement physically destroys the record.
Sealing secures the record from public view, making it inaccessible to landlords or standard employers.
Because certain serious offenses are legally barred from ever being sealed, it is best to consult a local criminal defense attorney to review your eligibility and handle the petition process.
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While often grouped together, assault and battery are two distinct offenses under Florida law:
Assault is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that violence is imminent. No physical contact is required.
Battery occurs when a person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm.
Penalties escalate dramatically if a weapon is involved or if the victim suffers severe bodily injury. An assault and battery attorney will investigate defense strategies, such as self-defense, defense of others, or mutual combat, to challenge the state's narrative.
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Public defenders are dedicated, licensed attorneys, but they are frequently burdened with overwhelming, unsustainable caseloads. This means they often cannot provide the deep, individualized attention, independent defense investigation, and constant communication that a private law firm can offer.
By hiring a private criminal lawyer, you are investing in a legal advocate who has the time and resources to dissect every piece of state evidence, interview witnesses, file aggressive pretrial motions to dismiss, and maintain regular communication with you throughout one of the most stressful experiences of your life.