The accusation of a crime does not mean a conviction, but it can often feel as though you are already guilty from the moment of arrest. The uncertainty of criminal charges can leave you with more questions than answers. However, with the right Bonita Springs criminal defense lawyer, you can find the answers you are looking for.
At the Law Office of Donald P. Day, our team is committed to helping our clients navigate the complicated criminal justice system. From the moment they enlist our help, we look out for our client’s rights and ensure that they have the support they deserve to fight back against criminal charges. We know that the conviction of a crime can leave you with greater penalties than just fines or time in prison. They can impact your housing, employment, and even your reputation. Our team can help.
Criminal defense attorneys can help clients at all stages of the criminal justice process. From the time of arrest, you should exercise your right to speak with an attorney. By doing so, you immediately gain support from someone who is looking out for your interests. Each phase of the process has specific protocols that must be followed, including how to collect and process evidence, how to question you, and even how you are treated throughout each step.
If there are any violations throughout any of these processes, your criminal defense attorney will be there to challenge them. In the beginning stages of your defense, an attorney will file motions that challenge any of the following:
If your charge moves forward into negotiation with a prosecutor or to a trial, your attorney will then sort through the evidence, review the police reports, interview witnesses, and conduct other preparations that ensure they understand the unique circumstances of your case in order to speak on your behalf with the knowledge necessary to do so.
An attorney who is prepared is equipped to challenge the prosecutor at all stages. If a prosecutor feels you may be acquitted, they may try to work out a plea deal with you and your attorney to avoid the trial. However, whether you decide to take that deal is a conversation that your attorney will have with you based on their understanding of the evidence.
An attorney is an extension of you through the process. Ultimately, the decisions made in your defense are yours to decide, and your attorney is there to guide you and offer their opinion. However, a defense attorney’s goal is to help you reach a dismissal of charges, an acquittal, or a reduction of charges. If you are convicted, your attorney will continue to work on your behalf through any appeal phase you may choose to enter.
At the Law Office of Donald P. Day, our attorneys in Bonita Springs, FL are experienced in several areas of criminal law. Some of the cases we handle include:
In addition to these types of charges, our team can also help defend against other misdemeanor and felony charges, such as:
While these lists are not comprehensive of our services, they help to highlight some of the more common cases we have helped our clients with. No matter what type of criminal charges you may be facing, our team can help.
While the circumstances surrounding any criminal charges are unique to that case, there are common defenses that attorneys will use in your support. Which one may work for your case will depend on the evidence against you and how honest you are with your attorney about the facts of your case. You should tell your attorney all the details of your case, even if that admits partial or total guilt. You and your attorney share the privilege of confidentiality, and surprises could hurt your case.
Common defenses an attorney may use include:
Other types of defenses include:
These defenses are not an exhaustive list. Your attorney will use the facts and circumstances of your case to determine which defense strategy to use.
There is no standard fee for criminal defense in Florida. The circumstances of your case and the types of charges you face will determine the total costs you could pay. However, your attorney fees will average around $300 per hour. While some attorneys may charge more or less, their experience will also play a role in how much they may charge. You should speak with your attorney during your initial consultation to determine what costs you could face.
The statute of limitations in which you could be charged with a crime will vary depending on which type of crime has occurred. However, once you are arrested, the state has 175 days in which to file the formal charges against you. If this deadline passes, you are entitled to be freed from the charges, and the prosecution could be barred from further prosecution against you for those charges.
When using the defense that you were trying to prevent another crime from occurring, you must be able to show that your actions were directly involved in preventing further significant harm from occurring. For example, if you needed to steal a car in order to take a gunshot victim to the hospital, if you failed to do so, the person could have died, which would have resulted in further harm.
When you are arrested for a crime, and a criminal trial date is set, you will have the option to wait in jail for that time or to post bail. Bail allows you to leave jail while awaiting trial. During that time, you are allowed to leave the state unless the court orders you not to. However, you are expected to return to the state to face your charges in court.
When you are facing criminal charges, you shouldn’t have to face them alone. You deserve to have someone on your side who is looking out for your rights and puts your defense first. At the Law Office of Donald P. Day, our attorneys have experience in defending both state and federal charges. We know that your conviction could cost more than money and time in jail, and we will work aggressively on your behalf. Contact our offices today for a consultation.