Misdemeanor Defense Lawyer in Lakeland

Helping Our Clients Avoid Jail and Maintain a Clean Record

When someone is accused of a crime, the charges against them are categorized as either a felony or misdemeanor. Felonies are always considered more serious, and their potential penalties can range up to life imprisonment. However, although they generally result in lesser penalties, misdemeanor convictions can also have serious legal implications.

Any criminal charge, whether a misdemeanor or felony, can lead to jail time, extreme fines, the loss of driving privileges, and an array of other penalties. Due to the potentially severe consequences involved, you must have a misdemeanor defense lawyer in Lakeland on your side if you are facing charges.

DeMichael Law is a legal practice dedicated to helping our clients secure favorable outcomes. In some instances, securing a favorable outcome means having charges dismissed entirely. Unfortunately, this is not always possible. In some situations, we may be able to help work out a plea deal by convincing the prosecutor to utilize diversion programs rather than jail time. Finally, we can also represent you at trial if doing so is in your best interest.

Our Polk County law firm has an experienced criminal defense attorney passionately committed to ensuring clients receive quality legal representation. If you are facing misdemeanor charges, contact our law office today to schedule a free evaluation so we can professionally evaluate your case.

What are the Different Types of Florida Misdemeanors?

Under Florida law, specific lesser crimes are separated as first or second-degree misdemeanors. The potential legal penalties depend on the class of misdemeanor, the offense involved, and whether the accused has any previous convictions.

Florida misdemeanor charges include:

Second-degree misdemeanor: Second-degree misdemeanors are considered the lower of the two available charges. Second-degree misdemeanors often include a first-offense petty shoplifting charge, trespassing, or disorderly conduct. Penalties for second-degree misdemeanors typically result in a defendant being sentenced to up to 60 days of jail time and a fine of up to $500
First-degree misdemeanor: First-degree misdemeanor crimes are considered to be more severe than lesser second-degree offenses and may include first or second-DUI offenses, first-time domestic violence charges, or reckless driving. Penalties for a first-degree misdemeanor conviction include up to one year of jail time and a fine of up to $1,000

However, it should be stated that some misdemeanors may be upgraded to felonies after a specific number of convictions. For example, if an individual is arrested for driving under the influence within five years of a previous first-degree DUI, the charges may be enhanced to a felony.

Additionally, aggravating factors such as a prior criminal record, whether the offense was committed against a police officer or the result of a hate crime, can also result in the charges being upgraded to a felony.

Regardless of the misdemeanor charge you may be facing; you cannot afford to have skilled legal representation on your side. If you have questions about your misdemeanor charges, contact our experienced Lakeland criminal defense attorney today to schedule a meeting so that we can answer your questions.

What are the Most Common Misdemeanors Charges?

Although many criminal offenses may be charged as misdemeanors, several are more common than others. The most common misdemeanor charges in Florida include:

Petit Theft

An individual may be charged with either first- or second-degree petit theft for stealing property that does not belong to them. Shoplifting is typically charged as petit theft, and the misdemeanor charge they may face will depend on the value of the items stolen. The defendant will be charged a second-degree misdemeanor if the items are valued under $100. However, if the total value is between $100 and $749, an individual will be charged with first-degree petit theft. Anything over $750 is considered a felony.

Drug Offenses

Most Florida drug offenses are charged as felonies. However, there are some, such as possessing less than 20 grams of cannabis or drug paraphernalia, which may be charged as first-degree misdemeanors.

Resisting Arrest

An individual may be charged with resisting arrest, a first-degree misdemeanor, if they knowingly obstruct or interfere with an officer while engaged in their lawful duties. Examples of resisting an officer without violence include refusing to obey verbal commands, providing false information, or trying to evade police.

Domestic Violence

In many instances, domestic violence may be charged as a first-degree misdemeanor. Misdemeanor domestic violence charges are typically reserved for first-time offenders. However, first-time offenders may be charged with felonies depending on the facts of the case.

Assault Charges

An individual may be charged with misdemeanor assault if they threatened another with violence, which resulted in the alleged victim having a well-founded fear of being in danger.

Disorderly Intoxication

An individual may be charged with a misdemeanor if they are intoxicated in a public place and present a disturbance or endangers the safety of others.

If you have questions about Florida law and misdemeanor charges, we encourage you to contact our Lakeland, FL, law firm immediately. We will happily schedule a meeting with a criminal defense attorney who will answer your questions.

What is the Difference Between a Misdemeanor and a Felony?

Many clients are unsure of the differences between a misdemeanor and a felony charge. Under Florida law, misdemeanors are considered lesser offenses. Misdemeanor crimes often include shoplifting, disorderly conduct, and trespassing, to name a few. Felony charges are reserved for serious crimes such as burglary, assault, or sex crimes.

Depending on the circumstances involved, a defendant may be held in jail without bond for felony charges. However, in most misdemeanor cases, defendants are given a bond or may be released on their own recognizance, which is also called an OR release. Defendants who qualify for an OR release usually have no prior criminal history and are charged with minor crimes.

Another difference is that a judge determines a sentence in a misdemeanor case, unlike felony cases, which may be tried before a jury. Finally, unlike misdemeanors, felony convictions may result in individuals losing some of their civil rights, such as the right to possess firearms.

Although many differences exist between misdemeanors and felonies, the most significant distinction is the sentence length if a defendant is convicted. Generally, most misdemeanor convictions are punishable by up to one year in jail. Conversely, a felony conviction can result in an individual being sentenced to over a year in state prison and a fine of up to $1,000.

However, even though the potential penalties for a misdemeanor conviction are less severe than those of a felony, you should never try to handle your case without legal representation. As with felonies, misdemeanor criminal offenses can stay with you for a lifetime and impede your ability to achieve personal and professional goals.

DeMichael Law of Central Florida has extensive knowledge of misdemeanor criminal law and knows what it takes to get results. Contact our Lakeland, FL, law office today to schedule a free case review so we may determine your legal options.

How Serious is a Misdemeanor Conviction?

Many people downplay the severity of misdemeanor crimes and their potential penalties. While misdemeanor charges can land a person in jail for a year, a person will often get probation, community service, and other alternatives to incarceration. However, anyone charged with a misdemeanor should never assume they will “get off easy” and be sentenced to probation or be ordered to pay a fine.

If you are convicted of a crime, the judge overseeing the case has the final say regarding your sentence. Unfortunately, there is no way to accurately predict how sentencing will go. That being the case, most defendants charged with a misdemeanor offense avoid this possibility by agreeing to a plea deal.

Nevertheless, a misdemeanor conviction can still upend your life even if you agree to a plea deal to avoid the more severe consequences. Many employers fire workers convicted of any crime or hesitate to hire anyone with a criminal record. For example, a misdemeanor conviction for shoplifting is considered theft, and employers often do not want to risk hiring someone they do not consider honest.

Furthermore, you will have a criminal record that will follow you for a lifetime. A criminal record is typically public, making it challenging to obtain employment and other opportunities due to a conviction. No matter how much a prosecutor or others may try to downplay these charges, the consequences are real and can negatively impact you for the rest of your life.

If you have been charged with a misdemeanor crime, you need a defense lawyer who will act as your legal advocate to have your charges dismissed. Sadly, many other criminal defense lawyers try to persuade their clients to plead guilty or accept plea deals that are not in their best interest.

DeMichael Law never encourages clients to accept plea deals that do not provide favorable outcomes. Our main objective is to help you avoid a criminal conviction, have peace of mind, and face the future confidently.

Contact our misdemeanor defense attorney in Lakeland today to learn more about your legal options.

What Are Potential Penalties for a Misdemeanor Conviction?

When people contemplate plea deals in misdemeanor cases, their primary consideration is potential sentencing. After all, accepting a plea deal for probation and fines sounds like a good deal compared to a year behind bars. However, even though a plea deal may sound like the best option, it is still best to hire a criminal defense attorney to understand possible penalties in Florida misdemeanor cases.

First-Degree Misdemeanor

First-degree misdemeanors are the most serious crimes in this category. A misdemeanor conviction can result in a year of imprisonment, a $1,000 fine, and a year of probation. Some people are also forced to pay restitution and can even have their licenses suspended.

Second-Degree Misdemeanor

If you are charged with a second-degree misdemeanor, you could face 60 days in jail, six months probation, and a $500 fine.

While a second-degree misdemeanor sentence may seem lenient compared to first-degree or felony charges, imagine what being incarcerated for two months or longer could do to your life. Remember that those charged with multiple offenses can be sentenced consecutively rather than concurrently. Individuals sentenced to consecutive sentences must finish one sentence before starting another.

For example, suppose you were ordered to serve consecutive jail sentences for first—and second-degree misdemeanors. Florida law dictates that you must serve one year in jail for the first-degree misdemeanor conviction before completing a second sentence of six months for the second-degree offense.

Due to the legal intricacies of misdemeanor penalties and sentencing guidelines, you must hire an experienced criminal defense attorney to thoroughly evaluate your case. Contact DeMichael Law to learn more about our innovative defense strategies and how we can help you obtain a favorable outcome for your criminal case.

Is a First-Time DUI Usually Charged as a Misdemeanor?

Generally, first, and second-time DUI offenses are charged as misdemeanors in Florida. However, even if you have never been arrested and charged with a DUI, the charges may be upgraded if an accident resulted in injuries or property damage.

The penalties for a first-time misdemeanor DUI can vary based on the result of a blood alcohol content (BAC) test. A BAC test is a tool that law enforcement officers use to measure the level of alcohol in a person’s blood who is suspected of driving under the influence (DUI). The most common method for determining a suspect’s BAC involves law enforcement officers asking suspects to submit to breathalyzer tests. However, breathalyzer tests are less accurate than blood tests that are administered at the police station.

In Florida, the legal limit is 0.08%. Anyone with a BAC of over 0.08% is considered legally impaired. If a defendant’s BAC tested between 0.08% and 0.14%, they could face up to six months of jail time and a fine of up to $1,000, in addition to a license suspension and other penalties. The defendant could face enhanced penalties if the BAC tested at over 0.14%.

However, breathalyzer, blood, and field sobriety tests are often unreliable and provide inaccurate results. Therefore, if you have been charged with a first—or second-misdemeanor DUI, it is wise to seek legal representation immediately. Often, breathalyzers are not calibrated correctly, or a blood test is administered incorrectly, and both provide inaccurate results.

A defense attorney has the knowledge and skills needed to professionally evaluate DUI test results and determine what legal options are available. Contact our Lakeland criminal defense attorney today to schedule a free case evaluation.

Are Any Florida Traffic Offenses Charged as Misdemeanors?

Many drivers mistakenly believe all Florida traffic offenses are civil offenses subject to fines and not punishable by jail time. Although some traffic infractions, such as running a red light or failing to stop at a stop sign, are considered civil offenses, others may result in misdemeanor charges. Misdemeanor traffic offenses are heard before a judge in criminal court.

Some of the most common examples of misdemeanor traffic offenses include:

First and second DUI offenses
Hit-and-run
Drag racing
Reckless driving
Driving with a revoked or suspended license
Leaving the scene of an accident
Failure to stop and render aid where property damage has occurred

Although being charged with a misdemeanor traffic offense may not seem like a serious legal issue, it can still result in severe penalties. For example, if you are convicted of reckless driving, you could be sentenced to jail time, steep penalties, a license suspension, points on your license, and increased insurance rates.

However, even more importantly, a misdemeanor traffic conviction will leave you with a permanent record. Additionally, a misdemeanor traffic conviction can be devastating if you have a commercial driver’s license (CDL). Your CDL could be suspended, making you unable to earn a living and support yourself.

Regardless of the traffic offense you have been charged with, you must hire a misdemeanor defense lawyer who can help you protect your driving privileges. Allow our Lakeland misdemeanor defense attorney to review your case and determine what legal options suit your needs.

What Drug Offenses Are Charged as Misdemeanors?

Although most Florida drug offenses are charged as felonies, some qualify as misdemeanor crimes. The schedule of the drug and the amount found in your possession will determine the classification of criminal charges you will face.

For example, if you are caught with a large quantity of narcotics, such as cocaine or heroin, you may be charged with drug trafficking. Drug trafficking is considered a first-degree felony and is punishable by up to 30 years in prison.

However, misdemeanor drug crimes are those that are considered lesser offenses. One of the most common misdemeanor offenses is drug possession. Drug possession is charged as a first-degree misdemeanor and is punishable by up to one year of jail time and a $1,000 fine.

For example, you may be charged with first-degree misdemeanor drug possession if you are found to have 20 grams or less of marijuana or up to three grams of synthetic marijuana. Anything over 20 grams is considered a felony, resulting in a sentence of five years in state prison and a $5,000 fine.

A common misconception is that a misdemeanor conviction for cannabis possession does not result in severe legal implications because of Florida’s laws governing medical marijuana. Florida law does allow individuals to purchase and use medical marijuana. However, just like alcohol, there are specific state laws that govern the sale, transport, and use of cannabis. Anyone found to be in violation of these state laws may be charged with drug offenses.

If you have been charged with a misdemeanor drug offense, do not plead guilty, thinking it will not negatively impact your future. Instead, contact our Lakeland misdemeanor defense attorney so that we can protect your rights and freedom.

How Does a Florida Misdemeanor Charge Affect Someone’s Immigration Status

Although misdemeanor crimes are considered lesser offenses than felony charges, they can still result in serious consequences for non-citizens. A non-citizen charged with a misdemeanor offense can negatively impact their immigration status. Aside from their criminal charges, some of the most common legal implications that non-citizens must face include complications with green card applications or renewing visas.

In other instances, a non-citizen may be deported due to criminal charges. Suppose the criminal offense is deemed a “crime of moral turpitude,” such as statutory rape or other sex offenses that are considered immoral acts. In that case, there is an even greater chance that the government will begin removal proceedings. However, misdemeanor criminal offenses such as domestic violence, theft, or fraud are also considered crimes of moral turpitude and can be grounds for deportation.

If a non-citizen is deported for a misdemeanor crime, they may be able to return to the U.S. eventually. However, they may be prohibited anywhere from 5 to 20 years from returning to the United States, depending on the severity of the crime. It should be understood that even if misdemeanor charges are dismissed, a non-citizen can still be deported.

If you are a non-citizen charged with a misdemeanor, you must immediately hire a criminal defense attorney. Only a knowledgeable attorney can evaluate your unique case to determine what legal options may meet your needs.

Who Qualifies for Misdemeanor Pre-Trial Intervention Programs?

First-time offenders in Florida may be eligible for pre-trial intervention (PTI) programs. These programs allow specific offenders to avoid the pitfalls of prosecution if they meet eligibility requirements. The basic structure of the Florida criminal justice system is to arrest and charge those accused of crimes, after which they may plead guilty or take their case to trial to resolve it.

However, Florida has implemented several intervention programs to help first-time offenders potentially avoid jail time and other legal implications by successfully completing PTI. PTI programs also enable Florida courts to direct their attention to felony crimes instead of lower misdemeanor offenses.

However, the main objective of PTI programs is to give offenders, especially those who have committed low-level crimes such as misdemeanors, the chance to rehabilitate themselves without the worry of a criminal record impacting their lives.

The courts have strict guidelines regarding who may be accepted into PTI programs. The guidelines offenders must meet include:

Must be charged with a non-violent crime
May not have been previously convicted of more than one non-violent misdemeanor offense
The victim grants their consent for the offender to participate in the program
Cannot be facing charges that involve white-collar crimes such as fraud, forgery, or embezzlement
The state attorney, administrator of the diversion program, and the judge approve of the offender being placed in a PTI program

In many instances, if the defendant successfully completes the requirements outlined in their PTI agreement, the state attorney may decide to dismiss the case after six months have passed.

It should be noted that just because individuals are first-time offenders does not mean they will automatically be considered for PTI programs. Instead, often, a criminal defense lawyer needs to advocate on their behalf with the prosecutor to help them be accepted into PTI programs.

The first step is to contact an experienced criminal defense attorney from DeMichael Law. Our attorney will evaluate your case and determine whether you meet the program requirements. Contact our law firm today to schedule an appointment.

Do Most First-Time Offenders Usually Receive Probation for Florida Misdemeanor Offenses?

First-time offenders charged with a Florida misdemeanor offense probably feel overwhelmed and frightened about the future. As with any criminal case, the outcome will depend on the facts and the type of misdemeanor charge, regardless of whether it is the alleged offender’s first offense.

Second-degree misdemeanor charges are usually resolved by the defendant going to court and being ordered to pay a fine. Some examples of second-degree misdemeanors include disorderly conduct, trespassing, or petit theft of less than $100.

However, first-degree misdemeanors are considered more serious offenses and have more stringent sentencing guidelines.

If you have been charged with a first-degree misdemeanor offense, the prosecutor may recommend that you be ordered to serve probation.

The time you may be ordered to serve on probation will depend on the prosecutor’s recommendations, the offense committed, and the judge’s discretion. However, first-degree misdemeanor probation usually lasts at least six months to three years.

While serving probation, you most likely will be ordered to complete mandatory community service, submit to random drug testing, attend regular meetings where you meet with a probation officer, and pay restitution if applicable to your case.

Those who violate their probation by committing new offenses or not complying with the terms, such as paying monthly supervision costs, may be ordered to serve time in jail. Those charged with felonies while on probation will most likely be incarcerated and not eligible for bail.

To learn more about Florida probation, contact our knowledgeable criminal defense attorney at the Lakeland, FL, law firm, who will gladly answer your questions.

What are the Legal Implications of a Domestic Violence Misdemeanor Conviction?

Domestic violence may be charged as a misdemeanor or felony, depending on the circumstances of the case. Anyone convicted of first-degree misdemeanor involving domestic violence could face up to one year of jail time in addition to one year of probation and a $1,000 fine.

While awaiting trial, you will probably be served with a domestic violence injunction. A domestic violence injunction imposes restrictions that may prevent the alleged offender from returning home and having limited contact with family members. If you have been served with a domestic violence injunction, you must adhere to the guidelines. Failure to comply with the court order could result in you facing further charges and returning to jail.

Sadly, in many instances, domestic violence defendants are victims of false allegations. False allegations are typically the result of others trying to gain leverage in a divorce or child custody case. In other cases, law enforcement officers are overzealous and often take the innocent party to jail, even if they acted in self-defense.

However, being charged and convicted of a misdemeanor domestic violence conviction can have other far-reaching legal implications. For example, in addition to being ordered to serve probation, you may be stripped of your right to own or possess firearms legally.

Other legal implications for a misdemeanor domestic violence conviction include:

Mandatory completion of a 26-29 week Batterer’s Intervention Program (BIP)
Community service
Loss of driver’s license

If you have been charged with misdemeanor domestic violence, you cannot take chances with your future. Even a misdemeanor conviction for domestic violence can negatively impact your ability to attend the higher learning institution of your choice, join the military, or apply for professional licenses.

Contact our Lakeland criminal defense attorney to discuss your legal options and how we can work to help you protect your future.

Why Do I Need a Criminal Defense Lawyer?

If you have been charged with a misdemeanor, you are likely wondering whether you need a criminal defense lawyer. While there are serious legal consequences, you could get off with no jail time. The charges may be dismissed if you have a clean record or the offense involves a minor crime.

Many individuals often choose not to have qualified legal representation, especially if the case involves a misdemeanor crime. However, due to the potential penalties, anyone who has come in contact with the Florida criminal justice system should always have skilled legal representation to ensure they are treated fairly.

Many people believe that their best option is to accept a plea deal. Others feel they can represent themselves because they are innocent of the charges they are facing. Unfortunately, innocence does not always lead to dismissed charges or a not-guilty verdict. Studies indicate that up to 6% of individuals behind bars are innocent. Being unfairly sentenced for a crime that you did not commit is a terrifying reality, and it is often a motivating factor that encourages defendants to accept plea deals. However, you do not have to accept a plea agreement that is not in your best interest. Having a criminal defense attorney on your side can prove invaluable and make all the difference in the outcome of your case.

While avoiding a misdemeanor conviction is not always possible, working with a legal professional is always best. A Lakeland, criminal defense lawyer, can help you understand your options, help you be accepted into diversion programs, work to minimize your sentence, and identify other alternatives. In many cases, it is also possible to spot potential constitutional issues, cast doubt on the state’s case, and fight to avoid a criminal record. For example, the law enforcement officers involved in your case may have obtained evidence illegally or without probable cause. A skilled attorney can identify weaknesses or errors in the state’s case and file a motion to suppress evidence.

Our law firm has extensive experience handling misdemeanor criminal cases and knows what it takes to get favorable client results. Our defense attorney has the skill and legal knowledge to assess your case and determine whether taking a plea deal or going to court is best.

What Types of Legal Services Can a Misdemeanor Defense Lawyer Provide to Clients?

Aside from assessing plea deals to determine whether they are in the client’s best interest, misdemeanor defense lawyers offer several other essential legal services. Some of the most significant benefits of hiring a misdemeanor defense lawyer include:

Professional legal analysis: A defense lawyer will thoroughly review the state’s evidence to determine the strengths and weaknesses of the case
Advise clients: Provides clients with advice regarding potential consequences and options and what to expect as their case progresses through the criminal justice system
Gather evidence: An attorney has the legal and financial resources to gather critical evidence to support your defense case, including interviewing witnesses, obtaining police and medical reports and video footage
Defendant client’s rights: A skilled defense attorney will evaluate the evidence and act as an advocate to safeguard their client’s legal rights
Create defense strategies: Your lawyer can analyze the facts involved in the case and create custom defense strategies that will provide you with the most significant advantages
Negotiate with prosecutors: Attorneys are skilled negotiators who will work with the prosecution to work out a favorable plea deal
Courtroom legal representation: If the prosecutor is unwilling to negotiate or offer a favorable plea deal, your defense attorney will take your case to trial to try and win a not-guilty verdict.

It should be noted that a defense attorney and the prosecution can still reach a favorable plea deal at any time, even if trial proceedings have already begun.

Unlike other Lakeland criminal defense lawyers who often focus on profits rather than the well-being of their clients, our law firm will fight to safeguard your legal rights. If you have been arrested for misdemeanor charges, contact DeMichael Law today so we can schedule a free case evaluation.

What is the Difference Between Having a Misdemeanor Conviction Sealed or Expunged?

With a Lakeland misdemeanor defense attorney on your side, you can fight back against criminal charges. However, perhaps initially, you did not seek legal counsel when you were charged with a misdemeanor, and you now have a blemish on your record. There may have also been a chance that a conviction was unavoidable based on the evidence.

If you have a misdemeanor conviction, you may wonder if you can have your criminal record sealed or expunged. Doing so could open up employment opportunities, housing options, and much more.

Sealing

When a misdemeanor conviction is sealed, the general public is prohibited from viewing any information related to the case. A misdemeanor case may be sealed if adjudication is withheld. However, even if the conviction is sealed, it is not erased and is still visible to law enforcement agencies and specific employers. For example, if you are trying to obtain a professional license, the misdemeanor conviction may be visible to a potential employer.

Expungement

If a criminal conviction is expunged, it is removed from public view and will not show up on background checks performed by employers. Misdemeanor crimes may be expunged only if the charges were dismissed, or a trial resulted in acquittal.

Unfortunately, sealing and expunging Florida criminal justice system records can be challenging and time-consuming. On average, the entire process of sealing or expunging a conviction can take anywhere from five to seven months.

Even with the assistance of a skilled criminal defense lawyer, you may not be able to achieve your goal of being able to have your conviction sealed or expunged. The rules for sealing or expunging criminal records are stringent, and not everyone meets the legal qualifications.

What are the Legal Qualifications to Have a Misdemeanor Conviction Sealed or Expunged?

If you have a misdemeanor conviction on your criminal record, you may find it challenging to obtain employment, find suitable housing, or interfere with your immigration status. Due to the legal implications of criminal convictions, it is always best to seek legal representation from a knowledgeable attorney who can determine the available options.

There are specific criminal convictions that are not eligible to be sealed or expunged, including those for domestic violence or sex crimes. Furthermore, only one criminal conviction can be sealed or expunged in a person’s lifetime.

Basic Qualifications

The basic qualifications to have a misdemeanor conviction sealed or expunged include:

No prior convictions
No other pending petitions to seal or expunge a conviction
No ongoing criminal investigations by law enforcement
No pending charges for other criminal offenses
No current court supervision, such as probation or house arrest

Finally, anyone who wishes to try to have their record sealed or expunged must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).

Attorney Services

The legal process of having a misdemeanor criminal conviction sealed or expunged can be overly complex. Anyone considering trying to have a record cleared by the court should always hire a criminal attorney who can evaluate their eligibility and help them with their legal needs.

Some of the legal services that attorneys can provide to clients seeking to have misdemeanor convictions sealed or expunged include:

Determine if the case meets eligibility requirements
Gather all necessary legal documents
Apply for a client’s Certificate of Eligibility from the Florida Department of Law Enforcement
File legal petitions requesting the case be sealed or expunged in the county where the legal proceedings took place
Provide legal representation at a hearing if there are any objections

DeMichael Law has comprehensive experience assisting clients with their complex legal matters and would be honored to review your case to determine the options available.

How Long Does the State Have to Prosecute Misdemeanor Offenses?

Like felonies, Florida has a strict statute of limitations regarding how long prosecutors must bring misdemeanor charges against defendants. The statute of limitations ensures that criminal cases are brought before courts promptly and prevents the legal system from being backlogged with old cases. It also helps ensure that defendants are given fair trials. Over time, witnesses may move, pass away, or their memories fade or evidence disappear, making it challenging for both sides to present solid legal arguments.

State law dictates that first-degree misdemeanor charges must be filed within two years of the criminal offense’s date of occurrence, and second-degree misdemeanor charges must be filed within one year.

If the state attorney fails to file misdemeanor charges within the legal time limit, the defendant may file a motion to dismiss the case. If the court grants a dismissal, the case is ended.

However, Florida law does note exceptions that can cause the statute of limitations to be “tolled,” meaning that the time prosecutors have to bring charges is temporarily paused. Some exceptions that can cause the statute of limitations to be tolled include the defendant evading law enforcement officers or being out of state. However, even if the alleged defendant is evading law enforcement or out of state, the statute of limitations cannot be extended over three years. Additionally, if the crime involves fraud or a breach of fiduciary duty, the state has up to one year after the discovery to bring charges.

If you have questions about a misdemeanor charge or how the statute of limitations may apply to your case, contact our Lakeland, FL, law firm to schedule a meeting with our knowledgeable attorney, who will gladly answer your questions.

What Makes Your Lakeland Criminal Defense Attorney the Right Choice to Help Me With My Legal Matters?

When you face misdemeanor charges, the prosecutor may try to downplay the seriousness of your situation. They may tell you that you can walk away with nothing more than probation and a few fines. While a plea agreement may sound preferable over jail time, it is essential to remember that the district attorney is not focused on your best interest. Instead, state prosecutors are focused on trying cases and protecting public safety.

While a plea deal may be the best strategy for your case, you should allow a Florida criminal defense lawyer to help you make this decision.

At DeMichael Law, we have spent years representing clients who have had charges reduced or thrown out entirely. We understand how the Florida criminal justice system works and how the personal repercussions of a conviction can affect clients and their families.

Sadly, even though a misdemeanor conviction is considered less serious than a felony conviction, you could still be left to deal with serious consequences. You could quickly lose your job, experience difficulty going to college, have your driving privileges revoked, miss housing opportunities, and even encounter difficulty in your dating life thanks to a public record. Do not let this happen to you.

Unlike other Lakeland criminal defense lawyers, we never treat our clients like numbers. Instead, we strive to help them find legal solutions that provide them with favorable outcomes. When you come to us for help, we never make judgments; instead, we focus on providing quality legal representation.

For your convenience, we offer clients a flat fee for our legal services and keep you well-informed about any progress or changes in your case. Contact DeMichael Law, located in Polk County, by calling 863-216-1831 to schedule an initial consultation with our misdemeanor defense lawyer in Lakeland, who would be honored to take your case.