Our FAQ

In most cases, law enforcement officers need a warrant to search your home or property. However, there are exceptions, such as when you give consent, when illegal items are in plain view, or when there are exigent circumstances (such as an emergency situation).

For vehicle searches, the police generally do not need a warrant if they have probable cause to believe your car contains evidence of a crime. Additionally, if you are arrested, they may conduct a search incident to arrest or inventory search if your vehicle is impounded.

If an officer asks to search your property or vehicle, you have the right to refuse, unless they have a warrant or a legal exception applies. If you believe your rights were violated during a search, contact an attorney immediately.

In Florida, crimes are categorized as either misdemeanors or felonies, with significant differences in their severity and consequences.

Misdemeanors are less serious offenses, such as petty theft or disorderly conduct. They are typically punishable by fines, probation, or jail time of up to one year in a county facility. Misdemeanors are classified into first-degree (more serious) and second-degree (less severe) offenses.

Felonies, on the other hand, are much more severe crimes, such as burglary, drug trafficking, or aggravated assault. Felony convictions can result in lengthy prison sentences, substantial fines, and the loss of certain civil rights, such as voting or firearm ownership. Felonies are categorized into third-degree, second-degree, first-degree, and life felonies, with penalties increasing in severity.

The distinction between a misdemeanor and a felony directly impacts the legal process, the potential penalties, and your long-term future. If you are facing either type of charge, it’s crucial to seek experienced legal representation to protect your rights and achieve the best possible outcome in your case.

If I Am Placed Under Arrest, What Are My Rights?

If you are placed under arrest, you have several important constitutional rights, including:

1. The Right to Remain Silent – You are not required to answer any questions from law enforcement, except to provide basic identifying information. Anything you say can and will be used against you in court.
2. The Right to an Attorney – You have the right to legal representation. If you cannot afford an attorney, one will be appointed to you. It is in your best interest to request an attorney immediately and refrain from speaking to law enforcement until you have legal counsel present.
3. The Right to Be Free from Unlawful Searches – Officers may search you and your immediate surroundings upon arrest, but they generally need a warrant or probable cause to search your home, vehicle, or personal belongings.
4. The Right to Know the Charges Against You – Law enforcement must inform you of the reason for your arrest and the charges you are facing.
5. The Right to a Fair and Speedy Trial – You are entitled to a timely court appearance and the opportunity to contest the charges against you.

If you are arrested, stay calm, do not resist, and exercise your right to remain silent. Contact an attorney as soon as possible to protect your rights and build your defense.

TheFranklinFirm, PLLC handles a wide range of criminal cases, from drug crimes to domestic violence, theft, burglary assault, and traffic crimes. 

The criminal defense process typically includes arrest, first appearance, arraignment, pre-trial motions, plea negotiations, trial, and sentencing. Each stage has its own complexities, and strategies can vary based on the specifics of your case.

It's advisable to consult a criminal defense attorney as soon as possible following an arrest. Early intervention can be crucial in developing a defense strategy and protecting your rights.

Many individuals mistakenly choose to represent themselves, often leading to costly and harmful outcomes. If you are charged with or arrested for a crime, securing the services of a trusted and reputable defense lawyer is crucial. Without professional legal assistance, your chances of successfully challenging the charges or having them reduced are significantly diminished. A skilled criminal defense attorney is essential to negotiate with prosecutors and prioritize your best interests throughout the legal process.

Whether to plead guilty or not guilty depends on the specifics of your case, and you should never make this decision without consulting an attorney.

• Pleading Not Guilty: This allows you to challenge the charges against you, review evidence, and negotiate a possible dismissal or reduced charges. If you are unsure about the strength of the prosecution’s case or if you believe your rights were violated, pleading not guilty is usually the best option while your attorney investigates further.

• Pleading Guilty: This means you accept responsibility for the charges and will face sentencing. In some cases, pleading guilty may be part of a negotiated plea deal that reduces penalties, but this should only be done with a full understanding of the consequences.

Before entering a plea, speak with a qualified attorney who can evaluate your case, explain your legal options, and help you make the best decision for your situation.

Consequences can range from fines, probation, and community service to imprisonment, depending on the severity of the offense. Convictions can also impact employment, housing, and civil rights.

TheFranklinFirm, PLLC can provide you with a strong defense strategy by investigating your case, gathering evidence, negotiating with prosecutors, and representing you in court. We will work tirelessly to ensure that your rights are protected and that you receive the best possible outcome.

TheFranklinFirm, PLLC is dedicated to providing personalized and compassionate legal representation to each of our clients. We understand that facing criminal charges can be stressful and overwhelming, and we are committed to guiding you through the legal process with empathy and professionalism.

Even if guilty, a criminal defense attorney can negotiate plea deals, seek reduced charges or sentences, and ensure your rights are protected throughout the process. The goal is to achieve the best possible outcome under the circumstances.

Should you find yourself under arrest in Florida, you are entitled to the following rights:

• The right to maintain silent
• The right to legal representation, and
• The entitlement to a state-appointed attorney should you lack the financial means to hire one. Furthermore, you should be aware that any statements you make may be utilized against you in a legal proceeding.