Criminal Defense FAQ, South Florida

Do not speak to police beyond providing your name. Do not consent to any search. Ask for an attorney immediately. Then call Robert Davis. The statements you make in the first hours after an arrest are often the most damaging to a later defense. Silence is your right and your best immediate defense.

Attorney fees vary based on the severity of the charge, the complexity of the facts, and whether the case is expected to go to trial. Robert Davis offers free initial consultations and discusses fees at the outset. Many cases are handled for a flat fee. There are no hidden costs.

Yes. Charges are dismissed when evidence is suppressed, when the State cannot prove every element of the offense, when witnesses become unavailable or recant, or when a pre-trial diversion program is completed. Robert evaluates every available avenue for dismissal from day one.

Misdemeanors are less serious offenses with a maximum sentence of one year in the county jail. First-degree misdemeanors carry up to 12 months; second-degree carry up to 60 days. Felonies are more serious, third-degree felonies carry up to 5 years, second-degree up to 15 years, and first-degree up to 30 years or life.

Misdemeanor cases typically resolve in 3 to 9 months. Felony cases often take 6 to 18 months, and longer for complex charges or jury trials. Robert provides a realistic timeline based on your specific charges at your initial consultation.

Florida law allows eligible individuals to seal or expunge certain records. Generally, you must not have been adjudicated guilty (convicted) and must have no disqualifying prior history. Robert handles the full expungement and sealing process and conducts a free eligibility review.

Your license is automatically suspended upon a DUI arrest. You have just 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Missing this deadline means automatic suspension. Robert handles the DHSMV hearing in parallel with the criminal case.

Yes. Non-citizens, including green card holders, can face deportation for many criminal convictions under federal immigration law. The immigration consequences of a plea are sometimes more severe than the criminal penalties. Robert analyzes immigration consequences before advising any non-citizen client.

Florida's Stand Your Ground law (F.S. § 776.012) allows a person to use force, including deadly force, without a duty to retreat if they reasonably believe it is necessary to prevent death or great bodily harm. A successful Stand Your Ground immunity motion dismisses the case before trial. Robert evaluates Stand Your Ground claims in every applicable case.

Yes. Even a misdemeanor conviction can result in jail time, probation, fines, a permanent criminal record, loss of employment, and damage to professional licenses. Robert handles both misdemeanor and felony cases throughout Broward County.

Your first appearance is typically a bond hearing held within 24 hours of arrest. The judge reviews the charges, sets bond, and imposes any conditions of release. Robert attends first appearances and argues for reasonable bond and release conditions, particularly important in domestic violence and DUI cases where no-contact orders are often imposed.

If you cannot afford an attorney, you may qualify for the Broward County Public Defender's office at your first appearance. The Public Defender's office handles a high volume of cases. If you are able to retain private counsel, having an attorney exclusively focused on your case can make a meaningful difference in the outcome.