FAQ

A bench warrant is usually issued by a judge after a person has missed a court date in misdemeanor court in Miami. This is usually labeled on the Clerk’s docket as “BW”. After issuing a bench warrant, a Judge generally attaches a monetary bond that the Defendant can pay to get out. However, a bench warrant can also be set aside by an attorney that is able to provide a valid reason for a client missing court.

An alien capias warrant is usually issued by a judge after a person has missed a court date in felony court in Miami. This is usually labeled on the Clerk’s docket as “AC”. Many times, judges attach “no bond” to the capias warrant meaning that the defendant cannot pay to get out. However, depending on the circumstances, an attorney may be able to set aside the capias prior to an arrest or negotiate a reasonable bond on the capias after an arrest.

Be proactive. Don’t wait for police to knock on your door. Hire a criminal defense attorney immediately who will help you navigate the situation.

The Florida Department of Law Enforcement has a database to check warrants across the State of Florida. However, if you do not show up in that database, you should NOT assume that you don’t have a warrant. Many warrants can only be seen through the specific clerk website in the county where the warrant originated. In addition, many warrants are kept confidentially for the very purpose that the subject of the warrant does not become aware that the warrant exists. The best way to try to determine if you have a warrant is to contact an experienced criminal defense attorney.

The main immigration consequence of a warrant is that the United States Government generally will not adjudicate an application while a warrant is pending. However, after the warrant is disposed of, there is generally not any additional immigration consequences based on the warrant itself, other than the Government may try to use the warrant to show you are a flight risk at a bond hearing.

Generally, you are not entitled to bond on a VOP case like a new law violation. However, there are some situations where a Judge may grant a bond such as minor technical violations or substantive violations for minor misdemeanor offenses.

A technical violation is an accusation that you violated any condition of your probation other than by committing a new criminal offense. Examples could include failing to report, changing your address without permission, a dirty urine test, or failure to pay restitution.

Probation transfers are governed by the Interstate Compact for Adult Offender Supervision. First, you will need to make the request with your probation officer. The probation officer will then make the request with the probation unit in the county of the other state. If the other state approves the request, then your probation will be transferred. This process could take several months.

The maximum sentence for a violation of probation with be the same as the maximum sentence for the crime you originally pled to.

Generally, there are no new immigration consequences with a probation violation as the immigration consequences, if any, are generally triggered at the time of the plea to the original offense. However, there are certain situations where a violation of probation could carry immigration consequences. For example, if you were sentenced to probation on a crime of violence or theft crime, then a sentence of a year or more on the probation violation could be considered an aggravated felony for immigration purposes.

In Florida, generally offenses involving the use of force, the threat of force, or actions resulting in physical harm to another person all qualify as violent crime. Examples of violent crimes include aggravated assault, aggravated battery, robbery, and kidnapping.

Depending on the circumstances of the case, a skilled defense attorney may be able to reduce or dismiss violent crime charges. The earlier you hire an attorney the more options you will have for negotiating a plea to lesser charges or challenging the evidence brought against you.

Penalties for violent crimes depend on the type of charge and the facts of the particular case. Most violent crimes are considered felonies and are punishable with a maximum sentence between 5 years to life depending on the charge. In addition, possessing a weapon during the commission of a violent felony can trigger minimum mandatory sentences.

It depends on the charge. The most common concern with violent crimes is that they will be considered a crime of violence under immigration law. A crime of violence is an aggravated felony if the defendant served a year or more in jail. Aggravated felonies generally make an individual deportable and bar most forms of immigration relief.

Many think simply paying a traffic ticket is the easy way out. However, depending on the citation, paying a ticket can lead to you receiving points on your license which could lead to a license suspension.

No, refusing to sign the citation is a crime under Florida Statute 318.14. Signing the citation is also only acknowledging that you received the citation and is not an admission of wrongdoing.

It depends. If there are legal errors such as an incorrect statute or narrative in the citation, dismissal is possible. However, if the officer typed your name, address, or vehicle information incorrectly, that will likely not result in dismissal.

To be designated as an “Habitual Traffic Offender” in Florida, an individual must have three qualifying offenses on their driving record within a five year period. The most common qualifying offenses are driving under the influence and driving while license suspended, canceled, or revoked (“DWLS”). If an individual is adjudicated guilty because they paid a civil traffic DWLS citation, that offense will count towards becoming a Habitual Traffic Offender. Many people do not realize this and are shocked when their license is suspended for five years simply from paying their tickets.

It depends. Civil traffic infractions generally do not carry immigration consequences unless the infraction involved alcohol or drugs, a serious accident, or led to an arrest. Even criminal traffic offenses can carry minimal to no immigration consequences depending on the offense. Generally, the only effect of criminal traffic offense are during the good moral character period for naturalization and evidence that the individual is a danger to the community during bond hearings.

You may not know unless you have heard from the alleged victim or other parties that the police were contacted. However, at some point, law enforcement will likely reach out to you to get “your side of the story”. This is an excellent time to call an attorney.

Yes, police just need probable cause to arrest someone for a crime. To some officers, that means simply getting a statement from an alleged victim that a sex crime occurred. To other officers, probable cause means getting some type of corroborating evidence to support the alleged victim’s story. This could be video, text messages, or witness statements. However, the bottom line is that police officers have a lot of discretion to make arrests, and you should prepare yourself accordingly.

An attorney can help prepare your defense in many different ways depending on the case. First, an attorney can help you cutoff potentially incriminating communication with law enforcement. Second, an attorney can help you preserve evidence that might be crucial at later point in time such as surveillance video from a hotel. Finally, an attorney can possibly help you obtain a resolution with either the detective or prosecutor that does not result in an arrest.

It depends on the outcome of your case. If a defendant pleas guilty or nolo contendere to one of the crimes listed in Florida Statute 943.0435, he or she must report to the sex offender registry.

It depends on the specific sex crime where a plea is entered. However, many sex crimes can be considered crimes involving turpitude. In addition, Federal law lists rape, sexual abuse of a minor, and child pornography as deportable aggravated felony offenses.

A sentencing hearing is a hearing that is set after the Defendant has either pled guilty or been found guilty by a jury. The purpose of the sentencing hearing is for the Judge to impose a reasonable sentence under the law.

A Judge considers the seriousness of the charge, the Defendant’s criminal record, the criminal punishment scoresheet, the presentence investigation report, and any aggravating or mitigating evidence.

A presentence investigation report is a report compiled by a probation officer with the Department of Corrections. The presentence investigation report is a very thorough report that contains the Defendant’s criminal history, family and social background, employment history, education history, community ties, mental health history, and substance abuse history. The report also generally has a recommendation for sentencing that the Judge may, but is not required, to follow.

Yes, you will have a chance to speak. Generally, the State calls any witness they believe is relevant first. Then, the defense calls witnesses including the Defendant. The Defendant can also choose not to testify.

It depends on the crime and the number of witnesses that will be called. Most sentencing hearings are quick if they only involve argument from the State and defense attorney. However, sentencing hearings that involve numerous witnesses, or complicated issues, can take an entire morning or afternoon.

A property crime is generally a crime where property is taken from another individual without their permission. Examples of property crimes include theft, fraud, robbery, carjacking, burglary, and dealing in stolen property.

Yes, the officer has discretion to take anyone to jail when there is probable cause that the person committed a property crime. However, for misdemeanor crimes such as petit theft, the officer does have the discretion to serve a notice to appear in lieu of arrest.

Yes, most property crime charges can be reduced through negotiation or dismissed during litigation. Hiring a criminal defense attorney is crucial for determining the best strategies for achieving these possible results.

It depends. Certain misdemeanor property crimes carry minimal to no immigration consequences. In contrast, other property crimes that involve over $10,000 in loss or over a year incarceration, can be considered aggravated felonies.

Yes, minors have a right to an attorney throughout all the stages of juvenile court. An experienced defense attorney can help advocate for a minor’s rights and help them navigate complicated legal proceedings.

The pretrial release process is different in juvenile court than adult court. Generally, juveniles are not given a bond when they are arrested. Instead, they are held in a juvenile detention facility until their detention hearing which is generally the next day. At the detention hearing, the Court will decide whether to release the child, place the child on home detention, or continue to hold the child in secure detention. However, generally there is no requirement to pay a monetary bond like adult cases.

Children do not get sentenced to jail like adult cases. If a child pleads guilty or is found guilty at trial, the Judge can sentence them to probation or commit them to a facility run by the Department of Juvenile Justice. It should be noted that the goal of juvenile proceedings is rehabilitation, not punishment. However, a child can be committed to a juvenile facility up until the age of 21.

Yes, in many cases expungement occurs automatically when the individual turns 21 or 26 depending on the crime and outcome of the case. In other cases, an individual will need to file a petition to expunge his or her case.

Generally, none. An adjudication in juvenile court is generally not considered a criminal conviction under immigration law.

Generally, investigations for fraud are conducted quietly. However, at some point in time, you may become aware of the investigation from a witness, co-conspirator, or from law enforcement themselves. When that occurs, you should reach out to an attorney immediately.

Yes, depending on the type of fraud crime, generally fraud can be committed if the individual receives any type of property or services through willful misrepresentations. In addition, many fraud crimes are committed by multiple individuals. If you were involved in the fraud, you could be charged even if you were not the person that received the money.

Probably, but every case is different. The reason why could be still arrested is that the crime of fraud is complete when the property or services are obtained through willful misrepresentation. It is irrelevant legally whether the money is refunded to the victim prior to police involvement. In addition, in some cases, refunding the money to the victim can lead to incriminating evidence that could be used against you in a future prosecution. In short, any decision to pay money back should only be made through careful consideration with an attorney.

A conviction for a fraudulent offense can carry severe immigration consequences including deportation for an aggravated felony for fraud offenses involving a loss exceeding $10,000. Fraud is also generally considered a crime involving moral turpitude which could be a separate ground of removability depending on the case.

The result of sealing records is that the records will be kept confidentially. The result of expungement is the complete destruction of the records.

The timeline for your expunction can depend on several factors including how long it takes the State Attorney’s Office to complete their part of the application, FDLE to issue a certificate of eligibility, and the Clerk to set the case for court. The process can generally be expected to take anywhere between 4-8 months.

Generally, no. Florida only allows you to seal or expunge one criminal case in your lifetime. However, if several charges or cases arose from the same incident, they could be expunged at the same time.

While you are not required to have an attorney, a lawyer can be helpful. A lawyer can make sure you are properly eligible prior to filing paperwork and make sure your paperwork is completely accurate prior to submitting to the State Attorney’s Office and FDLE. In additional, an attorney can save you the time and stress from attending the final court hearing.

No. Expungement has no effect on your immigration record. Immigration authorities can and will consider your record even if it is expunged. In fact, expunging your record can sometimes make filing immigration applications more difficult because it is your burden to produce your criminal records. If you don’t properly preserve your criminal records prior to expungement, this could cause a problem down the road.

It depends but you should never feel forced to perform field sobriety exercises. Field sobriety exercises are voluntary and there are no criminal penalties associated for refusing. Some individuals can perform poorly on the exercises because they are overweight, have a medical problem, or are just nervous. On the other side, if you decide to perform the exercises and perform well, the video evidence can be some of the most powerful evidence for the defense. If you perform poorly, it could be some of the best evidence for the State.

Because Florida changed the law to impose a criminal penalty for a first-time breath refusal, no attorney can advise you to refuse the breathalyzer. We can only explain the potential consequences of each action. If you take the breathalyzer, you could be providing incriminating evidence in your DUI case. In addition, blowing a .08 or higher, will result in your license being suspended for 6 months. If you decide to refuse the breath test, you will be charged with another misdemeanor crime, and your license will be suspended for 12 months for a first-time refusal. The State will also likely argue that your refusal is evidence of consciousness of guilt, because you knew you were drunk.

If this is your first DUI arrest, you would need to file a request for eligibility review and waiver of your right to a formal review hearing to DMV within 10 days of your arrest. You will also need to send proof of enrollment in DUI school, the DUI citations, and the $25 filing fee. After your request is approved, you can set an appointment with DMV to get your hardship license. If you choose to elect a formal review hearing, your license will remain active until the hearing date. If you lose the hearing, your license would be suspended. You would still be able to apply for a hardship license but would need to wait 30 days if it was determined that your BAC was above a .08 and 90 days if you refused a lawful request for your breath.

Yes, it can and usually does. Private insurance companies get to determine the amount of monthly premiums to charge to each individual driver based on an assessment of risk. Because driving under the influence is an inherently risky activity, insurance companies generally charge higher premiums to drivers who are arrested for this crime.

Currently, driving under the influence is not a deportable offense. However, DUI convictions can still result in an individual being denied bond as a danger to the community in removal proceedings.

Yes, Florida law criminalizes possession of drugs, not ownership. If you were found to be in possession of illegal drugs, you could be arrested even if they didn’t belong to you.

Yes, but it is more difficult. Florida law allows the State to prove drug cases by constructive possession. For example, if drugs were found in a purse in your vehicle, the State can attempt to prove that you constructively possessed the substance because you were the sole occupant of the vehicle, the vehicle was registered to you, and the purse contained identification in your name.

No. Florida Statute 381.986 specifically excludes the use of medical marijuana in a vehicle. In addition, drivers that smoke medical marijuana prior to or during driving, could be charged with driving under the influence if they become impaired.

In Florida, the drug trafficking statute does not require the State to prove intent to sell. The State can prove their case by showing that the Defendant was in actual or constructive possession of a certain amount of narcotics. Each type of drug has a specific weight to be considered drug trafficking.

An individual that is convicted for a drug offense for a federally controlled substance is deportable unless the offense involved possession of 30 grams or less of marijuana for personal use. Drug trafficking offenses can also be considered aggravated felonies which would constitute a separate ground of removal. Legal permanent residents could be entitled to cancellation of removal or waivers for simple possession cases.

There is no way to know with 100% certainty what police will decide to do in every situation. However, in Florida, most police departments have a policy to arrest at least one party when responding to the scene of a domestic violence call, although that party is not always the individual that initially called the police. Police are required to have probable cause to make an arrest which generally results in them evaluating witness statements, injuries, and video evidence prior to making a decision to arrest.

If the other party was the primary aggressor, you may have a valid self-defense claim. However, presenting a self-defense claim in court is much different than presenting it to an officer that is making a quick decision to arrest. The officer might not believe that you were hit first and decide to arrest you anyways. Generally, that is why it is better not to make any statements to law enforcement without an attorney present.

Call an attorney immediately. False accusations of domestic violence have the potential to jeopardize your career, parenting rights, and freedom. An experienced criminal defense lawyer could be the difference between you being exonerated or going to jail.

Unfortunately, Florida is an “at will” employment state, meaning that employers can generally fire an individual for almost any reason. However, not all employers fire someone automatically just based on an arrest. Such a decision varies tremendously depending on the type of job, seriousness of the charge, length of employment, and relationship with the employer. Your first goal should be to obtain the best possible resolution on the criminal case as employers tend to view convictions more harshly than arrests. If you are able to avoid a conviction, then you could be eligible to file for a petition to seal or expunge which would remove the criminal history from a private background check.

An alien that has a conviction for a crime of domestic violence is deportable from the United States under INA 237(a)(2)(E). However, certain individuals could be eligible for cancellation of removal or a waiver.