Ask Tama – Video FAQ
Listed below are commonly asked questions regarding criminal charges and how the law works in Florida. If you
want more information, feel free to call 561-472-0811 or fill out the online contact form to set up a consultation.
Appeals
- What is appellate law?
- Do I need an attorney for an appeal in Florida?
- Do all attorneys handle appeals?
- What relief can be obtained in a criminal appeal in Florida?
- Can I appeal on grounds of lack of evidence?
- What happens if I win on appeal?
- Can I get bail pending appeal?
Arrests In Florida
- What should I do if I am arrested in Florida?
- What should I do if I am arrested?
- If my loved one just got arrested, what actions should I take?
- When do the police have to read me my rights in Florida?
- The police did not read me my rights. Does that mean that the arrest is invalid and the charges will be dismissed?
- What are Miranda rights or Miranda warnings?
- What happens if I am pulled over for suspected drunk driving in Florida?
- When are the police legally allowed to search me?
- If I have not done anything illegal, should I allow the police search me?
- What is the difference between detention and arrest in Florida?
- Why did I have to post bond?
- How do I get out of jail after an arrest in Florida?
- Is there any difference between being sent to jail or prison in Florida?
- Do the police need a warrant to arrest me in Florida?
- What are my options after an illegal search and seizure?
- If I refused to allow law enforcement to search me, is that considered an admission of guilt?
- Is there any way to fight back if I am arrested after an illegal search?
- Does it matter where I was arrested, like near a school, in determining how I am charged?
- Do I have to give consent to a law enforcement officer to search my car in Florida?
- Can Florida police stop me and search me for no reason?
- If someone tells law enforcement that I did something illegal, is that enough evidence for them to get a warrant?
- Can the police conduct a search without a warrant in Florida?
- Can the police come and get me in my house in Florida?
- Can the police break down my door to enter my home in Florida?
- What do I do if I cannot afford to make the bail set in my Florida criminal law case?
- What are the typical steps in a criminal proceeding in Florida?
Criminal Procedure
- What are the benefits of hiring a criminal defense lawyer?
- Why should I hire a defense attorney?
- If the charges against me are minor, is hiring an attorney even necessary?
- Is it worth it to get a lawyer if I know I am guilty and do not have a defense?
- Why is criminal procedure different from civil procedure?
- Do I need a lawyer if I am currently under investigation but I have not been charged with a crime?
- Do I need an attorney to represent me even if I am innocent?
- Can a person charged with a crime fire their assigned public defender without having another attorney to represent them?
Drug Offenses
- How can I defend myself against a drug charge?
- What are the legal distinctions between possession, dealing and trafficking in controlled substances in Florida?
- What is the legal definition of a controlled substance?
- What is the distinction between drug possession and intent to distribute?
- What is a drug schedule?
- How do I get back money that the government seized because they thought it was drug money?
- When does it make sense to hire a drug or narcotics lawyer?
- What is drug diversion?
- Are all illegal drugs treated equally when it comes to punishing drug dealers in Florida?
- If the drugs in my possession when I was arrested were only for my personal use, why does Florida law allow me to be charged with drug dealing?
- Are there even stricter punishments for different drug offenses?
Expungement
- How can I clear my criminal record in Florida?
- What is expungement in Florida?
- Can an expungement be denied in Florida?
Federal Crimes
- What should I do if I think I am going to be charged with a federal crime?
- What happens in a federal detention hearing?
- What constitutes the crime of wire fraud?
- What is a federal grand jury?
- What exactly is a federal grand jury investigation?
- Are grand jury proceedings secret in Florida?
- What constitutes the crime of making a false statement to a federally insured institution?
- Can a federal judge order me to surrender a foreign passport to get bail?
- What is RICO, and what does it have to do with racketeering?
- If an IRS agent shows up unexpectedly and starts asking questions, what should I do?
- If the FBI is trying to get in touch with me or actively investigating me, what should I do?
- If an American is convicted of a crime in a foreign country, can they serve the sentence in an American prison?
- When do I have the right to an attorney in Florida?
- When does the FBI decide to investigate a matter rather than the local or state police?
- When is a governmental employee acting under color of law?
- Which government organizations and agencies investigate and prosecute federal crimes?
Federal Criminal Defense
- How do I know that my case is a federal case?
- How do I know if I am being investigated for federal charges?
- Do I need a federal attorney to fight my charges?
- Are federal grand jury proceedings secret?
- I heard that federal agents are asking questions about me. What does this mean?
- How much time will I serve on my federal criminal sentence?
- What are the federal sentencing guidelines?
- How do you appeal in federal court?
- Do I have to be informed that I am being indicted, or will I be indicted at a federal grand jury hearing?
Felony Crimes
- What crimes could result from internet activity involving minors?
- What is white collar crime?
- Who prosecutes white collar crimes?
- What are identity theft and identity fraud?
- What constitutes the crime of transporting or shipping child pornography?
- Can a convicted felon ever possess a firearm?
- Are there different degrees of murder?
- What is corporate crime?
Probation
- What is the difference between someone on parole and someone on probation?
- Can probation be revoked in Florida?
- Can I move if I am on probation in Florida?
- Do I have to complete the entire probation time?
- Can I appeal being found guilty of violating probation in Florida?
Sentencing
- Who sets a sentence in Florida, and how is it determined?
- What types of sentences are there for crimes in Florida?
- How will my sentence be decided in Florida?
- I already pleaded guilty but changed my mind. Can I withdraw that plea?
- What if I have no objection to the facts but feel I should have won a motion to suppress or dismiss. What should I do?
- I was given a ticket and released with a date to appear in court. What do I do?
- What is restitution?
- Why do I have no bond in my case?
- Should I agree to a plea bargain?
- Can criminal cases be appealed in Florida?
- Can a crime victim appeal a not guilty verdict?
- Can I appeal my sentence?
- How can I fight a mandatory minimum sentence?
- Why did my attorney ask the judge to sentence me for a year and a day instead of just a year?
- Why does the judge consider dismissed charges when computing my guideline range?
Sex Crimes
- How does Florida law define rape versus sexual assault?
- What constitutes the crime of receiving, possessing or distributing child pornography?
- What is the crime of indecent exposure?
- What is sexual battery?
- I taped some harassing telephone conversations with my ex-girlfriend. Can we use these tapes in court?
- What is the sex offender registry?
- What is the DNA registry?
Juvenile Law
- What is a juvenile offender in Florida?
- Can my child be tried as an adult?
- What happens if my child is arrested in Florida?
- Are there any age limitations for bringing a juvenile into court?
- Are juvenile records expunged in Florida?
General Legal Questions
- What are my rights if I am accused of a crime in Florida?
- What is meant by criminal procedure, and why is it important?
- What is the difference between a felony, a misdemeanor and a violation in Florida?
- How do I know if my crime is a felony, a misdemeanor or a petty offense?
- What is legally considered to be beyond a reasonable doubt?
- Ignorance of the law is not a valid defense, but what are laws concerning intent crimes?
- If I have a warrant for my arrest in Florida, what should I do?
- What is a presentence investigation report, and what is it used for in Florida?
- Can my identity be kept confidential if I want to assist law enforcement?
- Can I be charged if my friend pawned stolen property and I helped them carry it into the pawn shop?
- In Florida, can you get a DUI if you have only had one drink?
- What is the insanity defense, and how does it work in Florida?
- What is a crime of omission?
- Is domestic violence a crime punishable under criminal law?
- What is forfeiture?
- What are house arrest and electronic monitoring?
When Law Enforcement Or Government Agencies Want To Question You
- The police want to get my side of the story. Should I give a statement?
- If I am questioned by law enforcement in Florida, what are my rights?
- If the police want to question me about a crime they think I committed, should I talk to them?
- If the police ask to search my house, car, or electronic devices, should I give them permission?
- If I am interviewed as part of an internal company investigation, can I have my attorney present?
- What if the officer says they will go easy on me if I cooperate?
