McGuire Megna Attorneys, An Association of Professionals

Criminal Law Frequently Asked Questions

Criminal Law Frequently Asked Questions

Frequently Asked Questions

Facing criminal charges in Florida can be overwhelming, and you likely have many questions about the legal process, potential penalties, and your rights. Whether you’ve been arrested for a misdemeanor, felony, DUI, drug crime, or domestic violence offense, understanding your legal situation is crucial.

At McGuire Megna Attorneys, we know how confusing and stressful the criminal justice system can be. That’s why we’ve compiled this comprehensive FAQ page, addressing the most common questions about criminal law, penalties, and defense strategies in Florida.

Below, you’ll find answers organized by type of offense, helping you quickly find the information relevant to your case. If you need immediate legal assistance, don’t hesitate to contact us for a free consultation.

General Criminal Law FAQs

What’s the difference between a misdemeanor and a felony?

Misdemeanors are less se rious offenses punishable by up to 1 year in county jail and fines.
Felonies are serious crimes with penalties ranging from over 1 year in state prison to life

What should I do if I am arrested?

Stay silent – Anything you say can be used against you.
Do not resist – Cooperate but do not answer questions.
Ask for a lawyer – Contact a criminal defense attorney immediately.

Will a criminal charge stay on my record forever?

✔ Some convictions can be expunged or sealed, but others (especially felonies) remain on record permanently.

What’s the difference between being arrested and being charged?

Arrested: You are taken into custody based on suspicion of committing a crime.
Charged: The State Attorney’s Office formally files criminal charges against you.

Can I be charged with a crime without being arrested?

✔ Yes. In some cases, you may receive a summons instead of being taken into custody.

What are my rights after an arrest?

Right to remain silent (do not answer police questions).
Right to an attorney (request a lawyer immediately).
Right to a fair trial (you are presumed innocent until proven guilty).

Misdemeanor Offense FAQ's

What are the different types of misdemeanors?

First-Degree Misdemeanors (More Serious)

Punishable by: Up to 1 year in jail & a $1,000 fine
Examples:

  • DUI (first offense)
  • Simple battery
  • Stalking
  • Resisting arrest without violence
  • Petit theft (second offense)

Second-Degree Misdemeanors (Less Serious)

Punishable by: Up to 60 days in jail & a $500 fine
Examples:

  • Disorderly conduct
  • Loitering and prowling
  • Trespassing
  • Driving without a valid license
Can a misdemeanor be upgraded to a felony?

✔ Yes. Certain factors, like repeat offenses or using a weapon, can elevate a misdemeanor to a felony.

Can I go to jail for a first-time misdemeanor offense?

✔ Yes, but many first-time offenders receive probation, fines, or diversion programs instead of jail time.

How long does a misdemeanor stay on my record?

Forever, unless expunged or sealed. Misdemeanor convictions do not automatically disappear.

Can I get a misdemeanor removed from my record?

✔ Possibly. Some first-time offenses qualify for expungement or record sealing.

Felony Offense FAQ's

What are the different types of felonies?

Capital Felony (Most Serious Crimes)

Punishable by: Life imprisonment or the death penalty
Examples:

  • First-degree murder
  • Capital drug trafficking
  • Armed kidnapping

Life Felony

Punishable by: 40 years to life in prison & up to a $15,000 fine
Examples:

  • Armed robbery
  • Unpremeditated murder
  • Aggravated sexual battery on a minor

First-Degree Felony

Punishable by: Up to 30 years in prison & a $10,000 fine
Examples:

  • Human trafficking
  • Carjacking
  • DUI manslaughter (with hit-and-run)

Second-Degree Felony

Punishable by: Up to 15 years in prison & a $10,000 fine
Examples:

  • Aggravated battery
  • Sexual battery
  • Possessing a controlled substance with intent to distribute

Third-Degree Felony (Least Severe Felony)

Punishable by: Up to 5 years in prison & a $5,000 fine
Examples:

  • Burglary of an unoccupied structure
  • Forgery
  • Possession of illegal drugs
What is a mandatory minimum sentence?

✔ Florida law requires certain felony crimes to carry automatic prison sentences, such as drug trafficking or firearm-related felonies.

Can I get probation instead of prison for a felony?

✔ Sometimes. A lawyer can negotiate plea deals or alternative sentencing.

 

What happens if I have multiple felony convictions?

✔ Florida’s Three Strikes Law means repeat offenders face harsher sentences, including life in prison.

Can a felony be reduced to a misdemeanor?

✔ Yes. Your attorney may negotiate plea deals or challenge the charges to get them reduced.

DUI & Traffic FAQ's

What happens if I get a second or third DUI?

Second DUI (within 5 years): Minimum 10 days in jail, license suspension, ignition interlock device.
Third DUI (within 10 years): Felony charge, longer jail time, severe fines.

Can I lose my license for a DUI?

✔ Yes. Florida immediately suspends your license upon DUI arrest, but a lawyer can challenge the suspension.

 

Can I get a DUI for prescription drugs or marijuana?

✔ Yes. If you’re impaired while driving, it does not matter if the substance is legal.

 

What happens if I refuse a breathalyzer test more than once?

First refusal: 1-year license suspension.
Second refusal: 18-month suspension & misdemeanor charge.

Drug Crime FAQ's

What’s the difference between drug possession and drug trafficking?

Possession: Having illegal drugs for personal use.
Trafficking: Having large amounts of drugs with intent to sell or distribute (carries mandatory minimum sentences).

Can I be charged with drug possession if the drugs weren’t mine?

✔ Yes. If drugs are found in your car, home, or belongings, you can still be charged under constructive possession laws.

 

What’s the penalty for possessing a small amount of marijuana in Florida?

✔ Under 20 grams = Misdemeanor (up to 1 year in jail).
✔ Over 20 grams = Felony (up to 5 years in prison).

Can I be charged for drug paraphernalia possession?

✔ Yes. Possessing pipes, rolling papers, syringes, or other drug-related items is illegal.

DUI & Traffic FAQ's

What happens if I get a second or third DUI?

Second DUI (within 5 years): Minimum 10 days in jail, license suspension, ignition interlock device.
Third DUI (within 10 years): Felony charge, longer jail time, severe fines.

Can I lose my license for a DUI?

✔ Yes. Florida immediately suspends your license upon DUI arrest, but a lawyer can challenge the suspension.

 

Can I get a DUI for prescription drugs or marijuana?

✔ Yes. If you’re impaired while driving, it does not matter if the substance is legal.

 

What happens if I refuse a breathalyzer test more than once?

First refusal: 1-year license suspension.
Second refusal: 18-month suspension & misdemeanor charge.

Domestic Violence & Injunction FAQ's

Can I be arrested for domestic violence without physical contact?

✔ Yes. Threats, harassment, stalking, or emotional abuse can lead to domestic violence charges.

 

Can I fight a restraining order in Florida?

✔ Yes. You have the right to a court hearing where your attorney can challenge the injunction.

 

 

What happens if I violate a domestic violence injunction?

✔ Violating an order can lead to immediate arrest and felony charges.

Can I be charged with domestic violence if the victim doesn’t press charges?

✔ Yes. The State Attorney can still prosecute the case even if the victim does not want to proceed.

Weapons & Firearm Offense FAQ's

What is an aggravated weapons charge?

✔ If you use a firearm during a crime, your charges can be upgraded, leading to longer prison sentences.

 

Can I own a gun if I have a felony conviction?

✔ No. Felons lose their right to own firearms, but you can apply for rights restoration after a certain period.

 

Is carrying a concealed weapon without a permit illegal?

✔ Yes. It’s a third-degree felony, punishable by up to 5 years in prison.

Theft, Burglary, & Fraud FAQ's

What’s the penalty for shoplifting in Florida?

✔ Under $750: Misdemeanor theft (up to 1 year in jail).
✔ Over $750: Felony theft (up to 5-30 years in prison).

Can I be charged with burglary if I didn’t steal anything?

✔ Yes. Unlawful entry with intent to commit a crime is still burglary.

 

What’s the difference between fraud and identity theft?

Fraud: Deception for financial gain (e.g., bad checks, credit card fraud).
Identity theft: Stealing personal information for fraudulent use.

Juvenile Crimes FAQ's

Can a juvenile be sentenced to life in Florida?

✔ In rare cases, juveniles can receive life sentences for violent crimes, but Supreme Court rulings limit this for non-homicide cases.

 

Can a juvenile criminal record be expunged?

✔ Yes, but not all crimes qualify. Some juvenile records can be sealed after completing diversion programs.

 

Will a juvenile crime affect my child’s future?

✔ Yes. Criminal records can impact college applications, employment, and housing.

Legal Process & Court Appearance FAQ's

What is an arraignment?

✔ Your first court appearance, where you plead guilty, not guilty, or no contest.

Can I change my lawyer after hiring one?

✔ Yes. You have the right to hire a different attorney at any point in your case.

 

 

Can my case be dismissed before trial?

✔ Yes! A lawyer can file motions to dismiss based on lack of evidence, police misconduct, or legal errors.

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