Archives of Section: FAQs
Do the police have to read my Miranda rights before they arrest me?
- July 25, 2011There are other ways your statements can be introduced at trial so exercise your right to remain silent if you are under criminal investigation and seek the services of the Rooth Law Group before it’s too late. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What are the chances I will go to prison?
-There is no way to give a concrete answer to this question. The type of charges, the prior criminal history, and other factors all come into play. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What is the Pinellas County criminal diversion program?
-First time offenders are provided a greater opportunity to have their case dismissed through a diversion program. Pinellas, Pasco and Hillsborough counties refer to the programs by the names. The program in Pinellas County is known as Pretrial Intervention Program (PTI). The program is available at the discretion of the Office of the State Attorney. Judges have no say in who gets the program or what the terms of the program are. Typically, most misdemeanors and most third-degree felonies are permitted into the diversion programs. Once all the terms of the diversion program have been completed the charges are dismissed. Sealing or expunging the record is the next step. There are circumstances when the Pinellas County Pretrial Intervention Program may not be the best option . Knowing when to accept the program and when to decline the program should not be made without taking a long term look at your situation and future. Contact Rooth Law Group, P.A. for more information. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
How do I get out of jail?
-If the person is in custody and has a bond, you must pay the bond in order to have them released from the jail. Payment of the bond can be made in cash or through a bondsman. If the person in custody has too high of a bond or no bond at all, a motion can be set with the Court to set a reasonable bond. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What is restitution?
-When a defendant is sentenced for the commission of a crime, the court may order the defendant to pay back the court and the victim for the damage caused. This requirement to pay is an equitable remedy known as restitution. The court does not determine the amount of restitution based on the defendant’s ability to pay. Rather, the court focuses on the amount of loss sustained by the victim as a result of the offense. The state attorney has the burden of demonstrating the amount of loss sustained by the victim. See Florida Statute 775.089 . - (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
How do I find out what evidence the police have against me?
-The evidence against an accused remains in the custody of the Office of the State Attorney until a Demand for Discovery is served on them. Florida Rule of Criminal Procedure 3.220 informs the parties what information must be physically provided and what information needs only be available for inspection. - (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
How can I find out if someone is in the Pinellas County Jail?
-The Pinellas County Sheriff’s Office has an online tool that allows you to search their records to find out who is currently or was previously arrested and booked into the Pinellas County Jail. This tool also shows what the charges. Visit the Pinellas County Jail website at http://www.pcsoweb.com/pages/who_jail.html – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Can I reach an St. Petersburg attorney at night or on the weekend?
-Yes, our attorney’s are available in the evening and on weekends for consultations. We do not keep regular night or weekend hours but we will schedule a consultation or office appointment based on a client’s need. Emergency appointments are available based on the circumstances of the situation. Not all situations require immediate attention. Our after hours service is available by calling our main office numbers. We answer our phone 24 hours a day and 7 days a week. Call our office today to speak with your St. Petersburg criminal defense attorneys at the Rooth Law Group. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Should I tell my Florida lawyer I am not a U.S. citizen?
-It is very important to disclose to your attorney that you are not a U.S. citizen. An attorney should ask you before you enter a plea to a criminal charge but a proactive client should disclose this as soon as possible. Depending on the type of charge, a change in your plea in Florida to guilty or no contest could subject you to deportation proceedings. Florida criminal defense attorney’s must advise their client of immigration consequences. If you are an immigrant in the U.S. facing Florida criminal charges call your Tampa criminal defense law firm for a free consultation. Our office has extensive experience representing immigrant clients in Pinellas, Pasco and Hillsborough counties. For you free consultation call us at: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
I reside out of state but was charged for a crime in Florida. I want to plea my case. Do I need to travel back to Florida to plea?
-You may be able to enter a plea in abstentia, which is basically a plea entered on paper because you are unable appear personally in court. Florida statutes have specific requirements about how and when a plea of abstentia may be entered. If the plea in absentia is not in compliance with Florida law, the judge may reject your plea. It is very important to consult an experienced Florida criminal defense lawyer to guide you through the plea process. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
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