Common Criminal Defense FAQs

Questions About Your Criminal Defense Case in Florida?

Navigating any criminal defense case can be challenging. Knowing what to expect, understanding all of the details of a case, and how to fight for your rights are all essential to winning your case. Asking the right questions is the first step toward putting the case behind you.

At The Denson Firm, we try to make it more manageable by providing our clients insight into how Florida criminal defense cases work. If you still have questions about your case after reviewing our common criminal defense FAQs and need an attorney to represent your case, contact us today to schedule a free consultation.

Do I Need A Lawyer To Represent My Criminal Case In Florida?

The answer is not always yes. There are two things to consider. First, will the resolution of this case affect your life? Will your job, family, license, or reputation be negatively impacted by an arrest? Second, are you comfortable handling this yourself? If you are concerned with the impact of an arrest on your life, and you are not comfortable handling the case by yourself, come see us for a free consultation to see if we are the right firm for you.

Where Can I Find Honest Information On The Best Attorney In Florida For My Case?

It can be difficult finding the right attorney for your criminal case. You may be reluctant to talk to friends about the charges, and there is a lot of questionable information online. The top rating sites that smart consumers use are avvo.com and lawyers.com. Why would we send you to independent sites? Throughout our representation, we want to make sure you are fully informed, and that starts right at the beginning. So take a look at what our prior clients and other attorneys say about us, and then call us for a free consultation.

How Do I Handle The Long-Term Impact This Arrest Will Have On Me?

If you are concerned with the effect of an arrest on your career or reputation, you should sit down with a lawyer as soon as possible. Early intervention can be key to a resolution that has minimal shock. Dismissal of a case before it is filed can only occur with early representation. We seek immediate solutions to put you in the best position for the future.

Will The Court Drop A First-Time Marijuana Charge?

While the Court may have the power to dismiss charges against you when there are issues related to violations of your Constitutional Rights, they do not have the power to simply drop charges against you. However, the State Attorney does have the power to drop a first-time marijuana charge. The State Attorney has the discretion to decide whether to prosecute or not prosecute any case. It is always recommended that you contact an attorney as soon as possible after you are arrested to see if early intervention with the State Attorney’s office can result in having the charges against you dropped. We can also explore other ways to have a first-time charge dropped. For example, many first-time offenders qualify for a Pre-Trial Intervention Program or a diversion program. Please contact Bruce Denson to see if one of these options is right for you.

How Can I Get A First-Time Drug Sale Charge Lowered Or Dismissed In Florida?

It may be possible to get a drug sale charge lowered and dismissed by hiring an attorney and acting quickly after your arrest. If you are a first-time offender, you may be eligible for a diversion program or Pre-Trial Intervention Program. Completion of one of these programs will result in the case being dismissed. A qualified attorney can also examine the discovery in your case to determine if there are any grounds for a Motion to have the Court dismiss your case. As a first-time offender with no priors, it is essential that the case be resolved without a conviction. A conviction on a drug-related charge will result in your driver’s license being suspended for two years. However, there are many options we can explore for resolving your case without this penalty. Please give us a call today to discuss your case.

Can A Vehicle Be Seized If Charged With Drug Possession?

Yes, police can attempt to forfeit your vehicle if there is a nexus or connection between the use of the vehicle and possession of the illegal substance. If your car or cash has been seized by police related to a type of drug charge, please contact us immediately. Once you are put on Notice of the seizure, there are very limited time restrictions, and you need to act immediately to protect your assets. We will request an Adverse Preliminary Hearing on your behalf and begin work immediately to get your property back. Forfeiture is a harsh remedy not favored by the Courts. Even though the police have taken your property, you may be entitled to relief. Please contact us immediately upon receipt of any Notice of Seizure or Forfeiture.

Does Restitution In A Criminal Case Preclude Civil Recovery?

Restitution in a criminal case does not preclude civil recovery. Any amount ordered as restitution in a criminal case can be set off against any judgment in a civil case, but it does not preclude you from being sued civilly. In fact, if restitution is ordered in a criminal case, it is most likely you will be precluded from denying liability in the civil matter. If you are facing a criminal charge and a related civil lawsuit, it is essential that you consult with an attorney that can help you craft a resolution of the criminal case in a fashion that best preserves your possible defenses in the civil suit. Otherwise, your resolution of the criminal case may hamper your ability to defend yourself in the civil lawsuit.

Can I Do Pre-Trial Intervention In Florida On A First-Offense DUI?

Some counties are now offering Pre-Trial Intervention or diversion programs for a first-time DUI offense. Currently, Pinellas offers the D.R.O.P., and Hillsboro has the R.I.D.R. program. These are newer programs but can have an impactful effect on your case.