Best Criminal Defense Attorneys in Gainesville

FAQs

• What is the non-emergency contact number for the local police station in Gainesville, Florida?

  The non-emergency contact number for the local police station in Gainesville, Florida is 352-955-1818.

• Where can I get a copy of police reports for incidents related to my case in Gainesville, Florida?

  To get a copy of police report for incidents related to your case in Gainesville, Florida, you may call (352) 393-7565, request online through http://www.gainesvillepd.org/Virtual-Front-Desk/Online-Services/Incident-Traffic-Report/Incident-Report, or order in-person by visiting the Gainesville Police Department.

• What legal options does a person charged with a crime in Gainesville have?

  Depending on the clients’ unique circumstances, some of the legal options for an individual charged with a crime in Gainesville are diversion program and trial. The accused may pursue a plea bargain to obtain lesser charges and subsequent penalties. The case may also be dismissed based on legal and technical points, such as unlawful search or violation of the person’s rights to a speedy trial.

• What penalties can you face if you are arrested for a drug crime in Gainesville?

  An individual arrested for a drug crime may face one-year jail time or life sentence, depending on the severity of charges. The state of Florida classifies consequences for drug crimes by “schedules” based on how addictive the controlled substance may be. For example, a person possessing schedule I drugs, such as heroin, is punished more severely than those carrying schedule V drugs, like medicines containing small amounts of narcotics.

• Can a person accused of criminal offenses in Gainesville be charged under both state and federal laws?

  Yes, a person accused of criminal offenses in Gainesville may face charges under both Florida state and federal laws for the same or similar act, depending upon the nature and facts of the case. Crimes may be charged either as a state or federal offense, regardless of whether the actions took place within Gainesville or involved travel across Florida. Some offenses involving interstate commerce, such as internet crimes, always result in federal charges.

• What should you do if you are placed under arrest in Gainesville?

  If you are placed under arrest in Gainesville, you should request to see a criminal defense lawyer or a public defender if you cannot afford the services of one. It is a person’s legal right to speak with an attorney before doing so with the police. You may not be coerced into signing anything or tell information, except your name and address.

• What happens if you are issued a domestic violence injunction in Gainesville?

  If you are issued a domestic violence injunction, you may be barred from entering your home, ordered to participate in mandatory treatment classes, required to provide monetary support for your children, and will be restricted from visiting the alleged victim or your family. You could face a $5,000 fine and up to five years in prison in case you violate provisions of your injunction.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.