Criminal Defense Frequently Asked Questions (FAQ)

Andrew Douglas, P.A. is a criminal defense attorney and can help you with any case you may have. Below is some information you may find helpful if you have been arrested.

Q: I’ve just been arrested what should I do?

A: Once arrested or charged with a crime you have rights. After your arrest the police and prosecution are putting together their case against you and you need to be prepared to defend yourself against the virtually unlimited resources of the State. You should not talk about your case with anyone and are under no obligation to talk to the Prosecution or the Police without an attorney present. The law gives you certain rights namely the right to remain silent and the right to an attorney, these are not just mere suggestions. You should consult an attorney as soon as possible so that you do not miss important deadlines. Without hiring an attorney soon after you are either arrested or charged you may have to waive some of your rights.

 

Q: I’ve been charged with a crime, do I need attorney?

A: YES. As mentioned above, the police and prosecution are putting together their case against you and you need to be prepared to defend yourself against the virtually unlimited resources of the State. You should consult an attorney as soon as possible so that you do not miss important deadlines. Without hiring an attorney soon after you are arrested or charged you may waive some of your rights.

 

Q: What could my maximum sentence be?

A: The maximum penalty for any offense depends on its classification under Florida Law. Below is a general guide for most offenses under Florida Law.

Offense Designation Maximum Incarceration Maximum Fine
1st Degree Felony 30 years in prison $10,000
2nd Degree Felony 15 years in prison $10,000
3rd Degree Felony 5 years in prison $5,000
1st Degree Misdemeanor 1 year in jail $1,000
2nd Degree Misdemeanor 60 days in jail $500

*For DUI offenses the legislature has imposed a series of additional minimum penalties.

 

 

Penalty Enhancements
HFO: HFO stands for Habitual Felony Offender. If convicted of a HFO offense, the judge may impose a sentence twice the amount allowed by law.
PBL: PBL stands for Punishable by Life. If convicted of a PBL offense, the judge may sentence you to life in prison.
PRR: PRR stands for Prison Releasee Reoffender. If convicted of a PRR offense, you will be sentenced to the maximum sentence allowed by law, day for day with no allowance for gain time or good time.

 

Q: What could my minimum sentence be?

A: The minimum sentence usually depends on the facts of your current case, victim input, and any prior criminal history. For Misdemeanor offenses, not DUI, it is possible to receive a withhold of adjudication which means that you would not have a conviction on your criminal record. For felony offenses, you minimum possible sentence is determined by the Florida Criminal Punishment Code Scoresheet, which assigns a numeric value to your current offense and your prior criminal history to determine a minimum and maximum sentence for your offense.

The Florida Department of Corrections puts out a Guide on the Florida Criminal Punishment Code Scoresheet which is used to determine your minimum sentence.

 

Q:  What are my potential defenses?

A: Even if you think you may be guilty you may have defenses. There are many defenses to DUI which range from whether the officer appropriately pulled you over or searched you, your car, or your house, whether your statements are admissible, , etc. There are unlimited defenses depending on the facts of your case. If in fact there are no viable defenses, Andrew Douglas can arrange the best possible plea agreement. Again, no matter what you think about your case you should consult with an attorney before resolving your case.

 

Q: What can Andrew Douglas PA do for me?

A: Andrew Douglas is a former Misdemeanor, DUI, and Felony prosecutor who has experience handling thousands of cases. Andrew is a trained Criminal litigator with vast knowledge of Florida’s Criminal laws, defenses, and tactics. Andrew can utilize any defense you may have and if necessary, work out the best possible plea agreement.