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
✔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
✔ 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.
✔ Some convictions can be expunged or sealed, but others (especially felonies) remain on record permanently.
✔ 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.
✔ Yes. In some cases, you may receive a summons instead of being taken into custody.
✔ 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
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
✔ Yes. Certain factors, like repeat offenses or using a weapon, can elevate a misdemeanor to a felony.
✔ Yes, but many first-time offenders receive probation, fines, or diversion programs instead of jail time.
✔ Forever, unless expunged or sealed. Misdemeanor convictions do not automatically disappear.
✔ Possibly. Some first-time offenses qualify for expungement or record sealing.
Felony Offense FAQ's
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
✔ Florida law requires certain felony crimes to carry automatic prison sentences, such as drug trafficking or firearm-related felonies.
✔ Sometimes. A lawyer can negotiate plea deals or alternative sentencing.
✔ Florida’s Three Strikes Law means repeat offenders face harsher sentences, including life in prison.
✔ Yes. Your attorney may negotiate plea deals or challenge the charges to get them reduced.
DUI & Traffic FAQ's
✔ 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.
✔ Yes. Florida immediately suspends your license upon DUI arrest, but a lawyer can challenge the suspension.
✔ Yes. If you’re impaired while driving, it does not matter if the substance is legal.
✔ First refusal: 1-year license suspension.
✔ Second refusal: 18-month suspension & misdemeanor charge.
Drug Crime FAQ's
✔ Possession: Having illegal drugs for personal use.
✔ Trafficking: Having large amounts of drugs with intent to sell or distribute (carries mandatory minimum sentences).
✔ Yes. If drugs are found in your car, home, or belongings, you can still be charged under constructive possession laws.
✔ Under 20 grams = Misdemeanor (up to 1 year in jail).
✔ Over 20 grams = Felony (up to 5 years in prison).
✔ Yes. Possessing pipes, rolling papers, syringes, or other drug-related items is illegal.
DUI & Traffic FAQ's
✔ 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.
✔ Yes. Florida immediately suspends your license upon DUI arrest, but a lawyer can challenge the suspension.
✔ Yes. If you’re impaired while driving, it does not matter if the substance is legal.
✔ First refusal: 1-year license suspension.
✔ Second refusal: 18-month suspension & misdemeanor charge.
Domestic Violence & Injunction FAQ's
✔ Yes. Threats, harassment, stalking, or emotional abuse can lead to domestic violence charges.
✔ Yes. You have the right to a court hearing where your attorney can challenge the injunction.
✔ Violating an order can lead to immediate arrest and felony charges.
✔ Yes. The State Attorney can still prosecute the case even if the victim does not want to proceed.
Weapons & Firearm Offense FAQ's
✔ If you use a firearm during a crime, your charges can be upgraded, leading to longer prison sentences.
✔ No. Felons lose their right to own firearms, but you can apply for rights restoration after a certain period.
✔ Yes. It’s a third-degree felony, punishable by up to 5 years in prison.
Theft, Burglary, & Fraud FAQ's
✔ Under $750: Misdemeanor theft (up to 1 year in jail).
✔ Over $750: Felony theft (up to 5-30 years in prison).
✔ Yes. Unlawful entry with intent to commit a crime is still burglary.
✔ Fraud: Deception for financial gain (e.g., bad checks, credit card fraud).
✔ Identity theft: Stealing personal information for fraudulent use.
Juvenile Crimes FAQ's
✔ In rare cases, juveniles can receive life sentences for violent crimes, but Supreme Court rulings limit this for non-homicide cases.
✔ Yes, but not all crimes qualify. Some juvenile records can be sealed after completing diversion programs.
✔ Yes. Criminal records can impact college applications, employment, and housing.
Legal Process & Court Appearance FAQ's
✔ Your first court appearance, where you plead guilty, not guilty, or no contest.
✔ Yes. You have the right to hire a different attorney at any point in your case.
✔ Yes! A lawyer can file motions to dismiss based on lack of evidence, police misconduct, or legal errors.