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Coconut Creek Criminal Defense Lawyer

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Coconut Creek Criminal Defense Attorney

Being charged with any type of crime can be overwhelming. There are many steps to the legal process, from building a defense to being tried in court. It can be incredibly difficult to do this alone. Having a Coconut Creek criminal defense lawyer from Demmery Law by your side can make the process less intimidating.

Some of the necessary tasks you can expect in the weeks and months after being charged with a crime include gathering evidence, completing an extensive amount of legal paperwork, potentially showing up in court, and more.

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Classifications of Criminal Cases

There are many types of criminal cases, ranging from driving while under the influence to petty theft to assault to murder. Because there are varying levels of severity in criminal cases, they can be divided into two main categories: misdemeanors and felonies. The exact charges in a case are determined based on the maximum allowable punishment.

Misdemeanors are the less serious offenses. While these crimes can result in jail time or fines, the consequences are not as severe as those for felonies. Some examples of crimes that are typically classified as misdemeanors in Florida include:

  • Shoplifting
  • Public intoxication
  • Disturbing the peace
  • Assault
  • DWI/DUI
  • Driving on a suspended license

Felonies are serious crimes, so they have more serious consequences than misdemeanors. Sentencing usually involves multiple years to life in prison and hefty fines. Some examples of felonies include:

  • Aggravated assault
  • Child abuse
  • Exploitation
  • Grand theft
  • Drug trafficking in certain amounts

Florida’s Point System

Florida uses a point system to determine sentencing for people convicted of felonies. This point system helps decide whether a person will serve time in prison and how long that time will be. The classification of the points is as follows:

  • Less than 22 points. If the defendant scores less than 22 points, they may not go to jail. These cases are usually third-degree felonies and do not include any aggravating factors. However, a person with less than 22 points may still go to jail if the court deems them a danger to society.
  • 22-42 points. Defendants who score between 22 and 42 points usually face jail time, but they may instead receive probation or house arrest.
  • 44 points or more. If the defendant scores 44 points or more, they will be sentenced to prison time. The time they spend in prison will be determined based on the number of points they scored.

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Getting Your Charges Dropped

Being charged with a crime does not mean that you will be found guilty. There are ways that your charges can be dropped and your case dismissed. This is especially true if there are flaws in the prosecution’s evidence. For you to be found guilty, the evidence against you must demonstrate your guilt beyond a reasonable doubt.

Defense lawyers have experience in searching for discrepancies in evidence, which you may not know how to look for. Even if the evidence against you seems substantial, the smallest inconsistency can lead to a dismissal or contribute to a lesser sentencing.

Remember Your Rights

Even if you are charged with a crime, you still have certain rights. Remembering these can keep you from incriminating yourself or being tried based on unjustly gathered evidence. If you are arrested or charged, remember the following:

  • You have the right to remain silent if you are arrested. You are not required to speak to law enforcement or other governmental or legal personnel.
  • In a court of law, you are considered innocent until you are proven guilty.
  • You have the right to a defense attorney. If you cannot afford one, the state must provide one for you.

FAQs

Q: Can I Appeal a Guilty Verdict in a Criminal Case in Florida?

A: You can appeal a guilty verdict in a criminal case in Florida. To do so, you need the assistance of an experienced attorney. Together, you can file a Notice of Appeal, which notifies the prosecuting attorney and the state Attorney General. You will be given a chance to explain why you believe there were errors in the initial judgment and should be granted a retrial. This is a lengthy and complex process, so you should take action quickly.

Q: How Does the Criminal Point System Work in Florida?

A: In Florida, the court system uses the Criminal Punishment Code (CPC), which is a scoring system that helps determine the appropriate sentencing for individuals who are convicted of felony crimes. Points are added based on the severity of the crime, and additional ones may be given to a person whose crime involved aggravating factors.

Q: Is a Lawyer Required for a Criminal Case in Florida?

A: You are not legally required to have a lawyer in a criminal case. However, it is beneficial to have their guidance. You may not be familiar with the complex legal processes that you are required to go through, but a defense lawyer has been through them many times before. They can explain complex legal procedures and even represent you in uncomfortable settings, like the courtroom and meetings with the prosecution.

Q: What Is the Statute of Limitations on a Criminal Case in Florida?

A: The statute of limitations on a criminal case in Florida depends on what classification the crime falls under:

  • First-degree felonies have a limitation of four years.
  • Other felonies have three years.
  • First-degree misdemeanors have two years.
  • Second-degree misdemeanors have one year.

There are exceptions to these rules, such as in crimes where a weapon was used, children were involved, or other extenuating circumstances were present.

Contact a Criminal Defense Lawyer in Coconut Creek, FL

Everyone has the right to a fair trial, which includes the right to a defense attorney. If you are facing criminal charges in Coconut Creek, FL, it is vital to have someone on your side who is familiar with the legal complexities and procedures. You don’t have to fill out confusing paperwork by yourself, walk into an unfamiliar courtroom alone, or make any legal decisions without guidance.

At Demmery Law, PLLC, we are ready to build a strong defense and stand by you during this difficult time. Reach out today to learn more about our firm and ask any questions you may have

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