Criminal Defense FAQ
Frequently Asked Questions: Criminal Defense
- Can I have my criminal history sealed or expunged? - According to Florida Statutes § s.943.058 and § s.943.059, there is certain criteria that must be met in order to be found eligible for an expungement. In order to have a criminal history record sealed or expunged, you must apply to the FDLE for a Certificate of Eligibility. The record of a juvenile can be eligible for other types of expungement.
- Should I take a field sobriety test? - In most cases, taking a field sobriety test can work against your case. These tests are not required under Florida Law and your driver's license cannot be suspended if you do not agree to participate. Your performance on the field sobriety test can be impacted by the environment or your nervousness.
- What are my rights when talking to the police? - According to your Miranda Rights, you have the right to remain silent and to communicate with your attorney before answering incriminating questions. If you choose to talk to the police officer, you may be self-incriminating yourself. Keep in mind that anything you say can be used against you in court.
- What is the difference between a misdemeanor and felony? - Crimes that are classified as felonies carry a sentence of more than one year. Misdemeanor convictions have a maximum penalty of one year or less.
- Do I have the right to an attorney? - Yes, you do and should hire a lawyer to handle your case. At Taylor & Waldrop Attorneys, we offer free initial consultations to assist those in need.
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