MISDEMEANOR ATTORNEY IN WEST PALM BEACH
What is the maximum penalty I can receive for a misdemeanor?
For a 2nd Degree misdemeanor, the maximum penalty is sixty (60) days in jail. For a 1st Degree misdemeanor, the maximum penalty is one year in jail. For most misdemeanors, you will not have to serve any time in jail, however, and can receive anywhere from probation to a Pre-Trial Agreement where the charges will be dropped if you complete certain requirements.
Do I need to hire an attorney for a misdemeanor?
Yes, you should hire an attorney. Any time you are facing a criminal charge where you can potentially receive jail time or a negative mark on your record, it is in your best interest to have somebody working for you who knows the law and the system, and can advocate for your rights.
Is Driving with a Suspended License (DUS) considered a misdemeanor?
Yes, a DUS is a misdemeanor of the 2nd degree and, more importantly, if you are found guilty of a 3rd DUS, the State has the right to charge it as a felony, punishable to up to five (5) years in prison. It is amazing how a DUS can become a felony, but in Florida this is a reality that happens all too often. This can be avoided by your attorney negotiating with the state to a different charge, such as reckless driving or driving without a driver’s license.
If I am found guilty of a drug related misdemeanor, will my driver’s license be suspended?
Not necessarily. Many times, depending on your criminal history or lack thereof, the State will offer a withhold of adjudication. This means your license will not be suspended. Not only will your license not be suspended, but you also … (go to the next question)
Will I be able to seal and/or expunge my misdemeanor if I am found guilty of the crime?
You will be able to seal and/or expunge virtually any misdemeanor, if you are given a withhold. This can be done when your case is concluded. Your attorney can help you fill out and submit the application for a Certificate of Eligibility, which will be submitted to Tallahassee for approval. Once it is reviewed and approved, a court date must be set in the original courtroom where the case was decided and the judge will sign off on the sealing/expungement so your record can be clean again.
While this website provides general information, it does not constitute legal advice. The best way to get legal advice for your specific legal issue is to speak to a lawyer.
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Allen Ambrosino has been a member of the Florida Bar Association in good standing since 2006.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.