During your court appearance at arraignment, you can expect a formal process where charges are read, and you are advised of the maximum punishment that your charges carry. You may be offered a plea offer during this hearing as well. This plea offer is given without the opportunity for you to review the evidence or discuss your case with a lawyer. The Court will give you an opportunity to do this by entering a Not Guilty plea, regardless of innocence or guilt.

If you are arrested, you have the right to remain silent, the right to an attorney, and the right to be treated fairly and with respect.

Not automatically.Miranda generally concerns statements obtained during custodial interrogation. If law enforcement obtained a statement in violation of Miranda, the issue may involve whether that statement can be used as evidence. It does not automatically mean the entire criminal case must be dismissed. We can evaluate when you were detained, what questions were asked, what statements were made, and whether a motion to suppress may be appropriate.

Once law enforcement and prosecutors become involved, the State generally determines whether a criminal prosecution moves forward. A request from an alleged victim may be relevant, but it does not automatically require the prosecutor to dismiss the case.

Domestic violence arrests can create immediate consequences beyond the criminal charge itself. A defendant will be faced with a no-contact order, restrictions involving a residence or alleged victim, firearm-related issues, and conditions of release. Because violating a court order can create additional charges, it is important to understand exactly what the judge has ordered before contacting the alleged victim or returning to a particular location.

At DWH Law, P.A., we handle a wide range of criminal cases including traffic tickets, misdemeanor offenses, DUI, felony offenses, juvenile offenses, and sealing & expungement matters. Our goal is to provide dedicated and zealous representation for each case.

We build a defense strategy by thoroughly investigating the facts, reviewing evidence, and understanding your side of the story. At DWH Law, P.A., we tailor our approach to each case, aiming to achieve the best possible outcome for you.

Generally, an assault involves an intentional and unlawful threat by word or act, combined with the apparent ability to carry it out, that creates a well-founded fear of imminent violence. Battery generally involves actually and intentionally touching or striking another person against that person's will or intentionally causing bodily harm

Potentially. Florida's DUI statute is not limited to situations where law enforcement actually sees someone driving. Cases may also involve allegations that a person was in "actual physical control" of a vehicle. Whether the State can establish actual physical control depends on the circumstances and evidence in the particular case.

An alleged probation violation can result in a warrant with no bond, arrest, and a violation-of-probation hearing. Violation of Probation proceedings operate under different rules and procedures. The possible consequences depend on the alleged violation, underlying offense, prior history, terms of probation, and the court's findings.

A dismissal means the prosecution did not result in a conviction on that charge, but the arrest and court record do not necessarily disappear automatically. Depending on eligibility, sealing or expungement may provide a way to limit access to certain criminal history records.

Eligibility depends on several factors, including the disposition of the case, prior criminal history, and the type of offense involved. A separate sealing or expungement process may be necessary if you qualify.