Typically you enter your plea at your arraignment, which is your first appearance before a judge. Having a lawyer with experience in criminal defense can often make a substantial difference in the outcome of your case. Just because you plead not guilty does not mean your case will go to trial. The prosecutor and your attorney can discuss a settlement of your case, commonly known as a plea bargain or plea agreement. An experienced lawyer will assess the facts in your case and determine whether you are getting the best possible offer for a disposition without the requirement to go to trial, which could result in more serious charges or a worse outcome at sentencing.

If there is not sufficient evidence against you to proceed to trial, it is possible to have criminal charges against you dismissed before your case goes to court by contacting the prosecutor and presenting evidence on your behalf or filing a Motion to Dismiss or other similar motion with the court. Tampa criminal defense attorney Drake has argued more than 100 motions to dismiss around the state of Florida.

A plea agreement (also plea deal or plea bargain) is a negotiated agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty or no contest to a lesser charge or to accept a reduced or deferred sentence in exchange for resolving their case without going to trial. This is an area where a skilled and experienced defense attorney can advise you if a plea agreement would be in your best interests. There are many elements to a plea agreement, and knowing the long term consequences of all parts of the agreement is something that should be discussed with an experienced attorney.

Misdemeanor charges are usually less serious charges that result in a year or less of jail time. Felonies are more serious crimes that can carry longer terms of incarceration. Whether a crime is a misdemeanor or a felony will depend upon the specifics of the circumstance.  Some types of crimes will have misdemeanor and felony versions, depending on the severity of the offense committed.  Your attorney should be able to guide you on what the state is required to prove for each level of charge brought.

In Florida, a misdemeanor is any crime punishable by no more than one year in a county correctional facility. Examples include minor shoplifting, most DUIs, minor criminal mischief and possession of small amounts of cannabis for which you do not have a prescription. Felonies in Florida are crimes that carry a sentence of more than a year in a state facility.  Some of these offenses include murder, aggravated battery, armed robbery, aggravated assault and possession of certain controlled substance other than a small amount of cannabis.

In Florida, a misdemeanor is any crime punishable by no more than one year in a county correctional facility. Examples include minor shoplifting, most DUIs, minor criminal mischief and possession of small amounts of cannabis for which you do not have a prescription. Felonies in Florida are crimes that carry a sentence of more than a year in a state facility.  Some of these offenses include murder, aggravated battery, armed robbery, aggravated assault and possession of certain controlled substance other than a small amount of cannabis.

An expungement means that the record is supposed to be physically destroyed and, in essence, it’s as though the crime never occurred. A sealing is similar, but the records are normally only sealed. Either way, the specifics of the record should be removed from background checks. However, not every crime can be sealed or expunged. An immediate expungement is normally an option only if the charges were dropped, dismissed by the court, or never filed.

If you are charged with a crime, you typically can be released on bail pending the trial except for very serious criminal offenses. The amount of your bail will depend upon the discretion of the judge, the seriousness of your offense and whether you are considered to be a flight risk.

Your attorney can also argue for reductions in bail, alternatives a cash bond, or even a release on your own recognizance, in certain situations.

Some alternatives to jail can include probation, payment of fine or restitution, community service, drug or alcohol counseling and various diversion programs. Sometimes a combination of these may be imposed in lieu of a jail sentence.

An experienced attorney will advise you on what actions to take prior to any sentencing hearing or recommendation, so that the court will see you as an appropriate candidate for any available alternatives.