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What Are The Penalties For Domestic Violence In Florida?
In Florida, being arrested or charged with domestic violence could mean facing jail time if you are found guilty. Florida law provides for the possibility of jail sentences for those who commit first-degree misdemeanor domestic battery and more severe felony domestic violence charges. Along with jail time, you could also be subject to probation, additional fines, and more if found guilty of a Florida domestic violence charge.
If you are facing domestic violence allegations, you should not have to defend your criminal court case alone. A Florida domestic violence lawyer from Stroleny Law: Criminal Defense Attorney can help you navigate the legal system. A knowledgeable domestic violence defense lawyer may be able to achieve a favorable conclusion for your domestic violence case and help you avoid a conviction.
What Is Domestic Violence In Florida?
Florida Statutes Section 741.28 defines domestic violence in Florida. According to the legislation, domestic violence is an act that causes physical damage or death to a household or family member of the accused party by one of the following acts:
Can You Reschedule a Court Date If You Miss It?
You have marked your calendar and prepared your case, but on the day of your court appearance, something unexpected comes up, and you absolutely cannot make it to the court. It's natural to panic in this situation since showing up for a court date is a critical part of the legal process, and missing it may affect your case outcome.
To answer the question, yes, it is possible to reschedule your court date in Florida. However, it is not guaranteed. The decision to allow a rescheduling is entirely at the discretion of the judge presiding over your case. If, for some reason, you miss a court hearing date, you or your attorney must contact the court as soon as possible to explain the circumstances that led to your absence. The court will then decide whether your reasons are valid and whether to grant a rescheduling.
Before we explain how to arrange for another date, let us highlight the potential consequences of not showing up for a court hearing (or a missed court date).
Can Charges Be Dropped At An Arraignment Hearing?
Criminal court proceedings can often be confusing as there are various processes and formalities that need to be completed. One of the key aspects is the arraignment hearing, which is typically the first formal court proceeding or appearance of the case. Can charges be dropped at an arraignment hearing? To answer that question, there are several factors that need to be considered. Continue reading to learn more.
What is an Arraignment Hearing?
The arraignment hearing is a preliminary hearing in the criminal court process. After the suspect is arrested, an arraignment hearing is conducted to formally charge the suspect with a crime, allow the state more time to investigate the matter, or announce the dismissal of charges. In this hearing, the suspect is advised of the charges, in the event the state files charges. The arraignment hearing typically takes place within 20-28 days after an arrest, but this can vary depending on the local practices.
If you are arrested and held without bond, typically, the arraignment hearing is the first time you meet the judge handling your individual case. The arraignment hearing is held after the first appearance hearing. The first appearance hearing determines whether the person has to be detained, can be released on their own recognizance, or needs to post bail or bond to be released.
Changes Coming to Marijuana Laws in Florida?
As it currently stands in Florida, recreational marijuana is not yet legal. A bill introduced in Florida's Senate seeks to change that. SB 1576, introduced in March of 2023 by State Senator Victor Torres, looks to legalize the use of recreational marijuana for adults of 21 and over and to provide licensing for the opening of marijuana establishments (i.e., dispensaries). If passed, the bill would become law and go into effect on July 1, 2023. This is contingent on the bill passing both houses of Florida's Congress and then being signed into law by Governor Desantis.
Until this bill, or one like it, passes into law, possession of marijuana is still a crime in Florida. Possession of 20 grams or less of cannabis is considered a misdemeanor of the first degree, punishable by up to a year of imprisonment and a fine of up to $1,000. So, while changes to Florida's laws regarding marijuana may be on the horizon, it is important to know that you can be arrested and charged with a crime for possessing marijuana in Miami-Dade County and the rest of Florida.
What to do if You Have an Arrest Warrant in Miami?
If there is an arrest warrant in your name in Miami-Dade County, a police officer can detain and arrest you at any time. Arrest warrants are issued for several reasons and need to be taken seriously. Arrest warrants can be issued for violating probation, committing a felony, failure to appear, and many other reasons.
Even a minor charge can result in an arrest warrant being issued in your name. A common mistake many people make is to wait until the very last moment to find out when they are supposed to make an appearance in court. No one from the court will call you to remind you that have to appear the next day. Hiring a criminal defense lawyer to represent you in your case can, in some situations, prevent the case from escalating to the point where a warrant is issued for your arrest.
Like an arrest warrant, a bench warrant can be issued for your arrest if you violate the rules of the court. This can include not showing up to a first appearance hearing for a written arrest or not complying with terms set by the judge in your case. Many times, individuals who are given a criminal traffic citation do not pay attention to when they are supposed to appear in court, and a bench warrant is subsequently issued for their arrest.
Domestic Violence Arrests in Miami
Every couple argues, it is a simple fact of life. When those arguments escalate, things can quickly turn from a private matter to the police knocking at your door. Being arrested for a domestic violence charge can throw your entire life into turmoil, not just your relationship. Often, people that call the police on their partners do not realize the severity of doing so. What begins as a simple argument ends with criminal charges. These criminal charges can lead to a conviction, the potential of jail time, and fines, outcomes neither party wants for the other.
When someone is arrested for domestic violence, a stay away order is put in place to prevent the parties from contacting each other. It is imperative to comply with this order and any other conditions the judge might place on the person arrested. If any of these conditions are breached, the individual arrested for domestic violence risks violating the conditions of their bail and returning to jail. If the victim of domestic violence does not want the state attorney case to prosecute the case, contacting a criminal defense lawyer is the best way to have the stay-away order removed or modified.
Arrested for Drug Possession in Miami?
Being arrested for drug possession in Miami can radically alter your life if you are found guilty. Possession of most controlled substances is considered a felony of the third degree, punishable by up to five years in prison and a fine of up to $5000. Here at Stroleny Law, we have handled hundreds of cases involving drug possession, and we are standing by to help you in your time of need. An arrest for drug possession does not have to ruin the rest of your life. Fortunately, there are many options, and one is to have your case diverted from the typical criminal court system to the Miami-Dade County Drug Court Program.
The program, established in 1989, provides the opportunity for defendants who have been identified as having substance abuse issues to have their case transferred from the ordinary course of prosecution to a court where the goal is rehabilitation through supervision by the drug court's presiding judge. This provides real help to those suffering from addiction and gives them the opportunity to graduate from the program with their case getting dismissed. The Drug Court program is typically offered to individuals charged with possessing or purchasing drugs, but before someone is accepted into the program, the State prosecutor must agree to allow the case to be diverted. Once accepted, the presiding judge will explain what is expected of the defendant while they are in the program. This includes regular urine tests, treatment, and court appearances. It is important to note that if a defendant does not comply with the conditions of the Drug Court Program, their case will return to the criminal court process, where a conviction could result in jail time.
Charged For Domestic Violence?
If you have been accused of domestic violence in Miami, you understand how quickly a small conversation with the police can turn into a life-changing event. Our clients frequently tell us they thought they would explain a misunderstanding to a police officer, only to find themselves in handcuffs minutes later. If you have been arrested for domestic violence in Miami, you need an experienced criminal defense attorney to represent your interests and obtain the best possible results in your case. Our criminal defense attorney, has represented hundreds of clients accused of domestic violence and is prepared to get you the best outcome when you need it the most.
Mr. Stroleny, Esq. started his career as a Miami Dade prosecutor, where he prosecuted individuals charged with battery and other violent crimes. Over a decade later, Mr. Stroleny, Esq. uses his experience within the justice system to vigorously defend those accused of domestic violence and other crimes. While similar results cannot be guaranteed, clients of Mr. Stroleny, Esq. rarely plead guilty to domestic violence charges and the great majority of his cases result in the charges being dismissed.
We Defend Petit Theft Cases
Being arrested for petit theft in Miami can be embarrassing, and then there's the issue of handling the case in court. Once someone has been arrested for petit theft, it immediately creates a criminal record for the accused, and this arrest can have unexpected consequences. Our criminal defense attorney has handled hundreds of petit theft cases as a defense attorney and prosecutor. If you've been arrested for petit theft, speak with our theft crime attorney about how to get the charges dismissed and off your record for good.
Our clients come to our office with one of two versions of events. The arrest was due to a mistake, and they didn't intend to steal the goods; or, they admit they've never done anything like this in their lives, but for some reason, on that day, they decided to try their hand at stealing. We don't judge, and we want to help clients in both scenarios. While results can't be guaranteed, our clients rarely plead guilty to petit theft, and the great majority of our petit theft cases are dismissed.
Arrested for Drug Possession? We Can Help.
If you or someone you know has been arrested for drug possession in Miami-Dade County, you've come to the right place. Our criminal defense lawyer has been on the front lines fighting drug possession cases while advocating for drug reform in Florida for over 10 years. Drug possession cases range from simple possession to trafficking, and our firm is passionate about helping clients navigate the difficult waters of a drug case.
The first step in a drug possession case is to plead not guilty and demand all evidence from the prosecutor. Once the prosecutor has turned over all evidence, your attorney will review the evidence with you and discuss a strategy based on the evidence. Defenses ranging from constructive possession to illegal search and seizure will be evaluated, and the best option for your individual case will be discussed. Don't make these decisions on your own, and a google search can't answer these questions for you; these are things that should only be decided by you and your Miami criminal defense lawyer.
Contact Us
Connect with Us and Take the First Step Toward Justice
To get the legal help you need in your criminal case, reach out to our firm today. We will provide you with a free consultation where our attorney will review your case and advise you of your legal options.
66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
Please fill out the form below or call 305-615-1285 to contact us.
From our Miami office, Stroleny Law: Criminal Defense Attorney serves clients across the city, including Allapattah, Brickell, Coconut Grove, Coral Way, the Design District, Downtown Miami, Edgewater, Liberty City, Little Haiti, Little Havana, Overtown, the Upper East Side (MiMo District), and Wynwood. Our reach also extends throughout Miami-Dade County, representing clients in Aventura, Coral Gables, Doral, El Portal, Florida City, Hialeah, Homestead, Key Biscayne, Miami Gardens, Miami Springs, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Sweetwater, and West Miami.
Results listed are not a guarantee or indication of future case results.
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66 W Flagler St., Suite 1005, Miami, FL 33130
305-615-1285
