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FAQ

  • DUI Defense

    • Is It Worth Getting an Lawyer for a DUI in Florida?

      A qualified attorney is essential for DUI cases in Florida. A lawyer can be a good choice if you face high stakes, such as fines on the maximum end of the spectrum. DUI consequences are harsh, and a lawyer can:

      • Negotiate reduced charges or dismissals.
      • Challenge evidence and protect your rights.
      • Reduce stress and guide you through the process.

      Weigh the cost against the potential benefits and consider consulting a lawyer. It's a crucial decision.

      Our criminal defense attorneys can help you understand your criminal charges, develop a defensive strategy, and negotiate with the prosecution on your behalf.

      Defendants may feel there’s no way out if their BAC levels are at 0.08%. It’s quite likely that this is just what the District Attorney’s office wants them to think.

      But what an experienced Jacksonville criminal defense lawyer knows is that there are several plausible reasons that a BAC test may produce inaccurate results.

      It’s even possible that the stop and test itself may fail to pass constitutional muster.

    • How Likely Is Jail Time for First DUI in Florida?

      A first DUI conviction in Florida can result in up to six months in jail. However, it's possible to have no jail time.

      Other criminal penalties for a first DUI charges in Florida include:

      • A fine between $500 and $1,000
      • A mandatory 50 hours of community service
      • The possibility of losing your driver's license for up to six months
      • A total period of probation and incarceration not greater than one year

      Jail time for a DUI in Florida depends on a case-by-case basis. However, it's not mandatory on a first time DUI offense.

      Factors that can increase the penalties for a first DUI case include:

      • A BAC over 0.15
      • A minor in the vehicle
      • Refusing a breath test
    • What Are the Potential Consequences of a First Offense DUI in Jacksonville, FL?
      The consequences of a first-offense DUI in Jacksonville can be quite severe, including hefty fines, suspension of your driving privileges, mandatory DUI school, community service, and even jail time. The exact penalties can vary based on the specifics of the case, such as your blood alcohol content (BAC) at the time of arrest. It's crucial to understand that these penalties can have a long-lasting impact on your personal and professional life.
    • How Can a DUI Attorney in Jacksonville Help With My Case?
      A DUI attorney in Jacksonville can provide invaluable assistance by examining the details of your arrest, challenging the evidence presented against you, and exploring defense strategies. They can negotiate with prosecutors to potentially reduce or dismiss charges, represent you in court, and guide you through the complexities of the legal system. Their goal is to protect your rights and minimize the impact of the DUI charge on your future.
    • How Long Does a DUI Case Take in Florida?

      In Florida, most DUI cases (misdemeanors) take 3-6 months to resolve, though they can push seven months for felonies.

      Speedy trial rules dictate 90 days for misdemeanors and 175 for felonies, but delays are expected.

      It ultimately depends on factors like court backlogs, evidence complexity, and plea negotiations.

    • Can a First-Time DUI Be Dismissed in Florida?

      Suppose it is your first time DUI offense in Florida, and you did not cause any accidents or damages; in that DUI case, the judge might be willing to entertain a lowered or dismissed criminal charge.

      However, the judge will likely not be lenient if you face your second or subsequent DUI criminal charge.

    • Can I Refuse a Breathalyzer Test During a DUI Stop?
      You can refuse a breathalyzer test, but doing so can lead to immediate license suspension and other legal consequences. Implied consent laws in many states mandate that drivers comply with testing once they obtain a driver's license.
    • What Defense Strategies Are Available for DUI Charges?
      Defense strategies may include challenging the accuracy of the breathalyzer or field sobriety tests, questioning the legality of the traffic stop, and presenting evidence of improper procedures. An attorney will tailor the strategy to the specifics of your case.
    • How Does the DUI Legal Process Work?
      The process typically begins with an arrest, followed by an arraignment where charges are formally presented. Pre-trial motions may occur, and a trial will follow if no plea agreement is reached. Legal representation is crucial throughout this process.
    • What Impact Does a DUI Conviction Have on My Life?
      A DUI conviction can lead to a criminal record, affecting employment opportunities, insurance rates, and personal relationships. It may also result in license suspension. Seeking legal counsel can help mitigate these impacts and explore options like expungement.
    • Is It Possible to Negotiate a Plea Bargain in DUI Cases?
      Yes, plea bargains are often possible in DUI cases. Negotiations with prosecutors can potentially reduce charges or penalties. An experienced attorney can advise on whether accepting a plea bargain is in your best interest.

  • Felony Crimes

    • What potential penalties can result from a felony conviction?
      Penalties for a felony conviction can include lengthy prison sentences, substantial fines, probation, and loss of certain civil rights, such as voting or owning firearms. The specific penalties depend on the nature of the crime and any aggravating circumstances.
    • How can a defense attorney help with felony charges?
      A defense attorney can evaluate the evidence, identify possible defenses, and develop a strategy to contest the charges. They can negotiate with prosecutors for reduced charges or penalties and represent you in court to protect your rights.
    • What role does evidence play in felony crime cases?
      Evidence is crucial in felony cases and can include witness testimony, physical evidence, and forensic analysis. A defense attorney will scrutinize the evidence for any procedural errors, inconsistencies, or rights violations to challenge its admissibility.
    • Is it possible to negotiate a plea bargain in felony cases?
      Yes, plea bargains are often possible in felony cases, allowing defendants to plead guilty to lesser charges in exchange for reduced penalties. An attorney can advise if a plea deal is favorable based on the specifics of your case.
    • What is the impact of a felony conviction on my life?
      A felony conviction can lead to a permanent criminal record, affecting employment, housing, and educational opportunities. It can also result in the loss of certain rights and impact personal relationships. Legal representation can help explore options to mitigate these long-term effects.

  • Drug Crimes

    • What Are the Penalties for Drug Crimes in Florida?

      Drug crimes are classified as either misdemeanors or felonies in Florida. The specific charges and penalties you face will depend on the type and amount of drug involved, as well as the specific circumstances of your case.

      Drug crimes in Florida are classified as follows:

      • First-degree misdemeanor: Possession of fewer than 20 grams of marijuana, possession of drug paraphernalia, and the sale of drug paraphernalia
      • Third-degree felony: Possession of more than 20 grams of marijuana, possession of a controlled substance, and the sale of a controlled substance
      • Second-degree felony: Possession of a controlled substance with intent to sell, the sale of a controlled substance within 1,000 feet of a school, and the sale of a controlled substance to a minor
      • First-degree felony: Trafficking a controlled substance, the sale of a controlled substance resulting in serious bodily injury or death, and the sale of a controlled substance within 1,000 feet of a college

      Penalties for drug crimes in Florida include:

      • Fines
      • Probation
      • Community service
      • Drug counseling
      • Driver's license suspension
      • Drug testing
      • House arrest
      • Restitution
      • Forfeiture of property
      • Jail or prison time

      Additionally, a drug crime conviction will go on your permanent criminal record, which can make it difficult to find employment, housing, and even obtain certain professional licenses. If you are a non-U.S. citizen, a drug crime conviction can also lead to deportation.

    • How Can a Drug Crime Lawyer Help?

      Being charged with a drug crime can be incredibly stressful. You may be unsure of what to do next or how to protect your rights. That's where we come in. At Monroe Law, P.A., we are committed to providing you with the aggressive, personalized legal representation you need and deserve. We will work with you to understand your unique situation and develop a strong defense strategy tailored to your goals.

      Our drug crime attorney in Jacksonville can help you by:

      • Conducting a thorough investigation into your case, including reviewing the evidence against you and ensuring your rights were not violated
      • Exploring all possible defense strategies and determining the best course of action
      • Representing you in all hearings and court proceedings
      • Working to get your charges reduced or dismissed
      • Protecting your rights and fighting for your best interests at all times
      • Answering your questions and addressing your concerns throughout the legal process

      When you choose Monroe Law, P.A., you can be confident that you will receive the one-on-one attention you deserve. Our drug crime lawyer in Jacksonville is available to take your call 24/7 and can even meet with you on the weekend or after hours, by appointment. We are here to help you navigate the Florida criminal justice system and will fight tirelessly for you every step of the way.

  • Domestic Violence

    • What Is Considered a Domestic Violence Charge in Florida?

      In Florida, domestic violence is legally defined as any of the following acts committed by one family or household member against another:

      • Assault
      • Aggravated assault
      • Battery
      • Aggravated battery
      • Sexual assault
      • Sexual battery
      • Stalking
      • Aggravated stalking
      • Kidnapping
      • False imprisonment
      • Any criminal offense that results in physical injury or death of a family or household member by another family or household member.

      This can include alleged abuse between a spouse, ex-spouse, current or former live-in partner, a parent of a child in common, or anyone else related by blood or marriage. It can also include anyone who is or has been in a dating relationship with the defendant.

    • What If I Have Not Been Formally Charged with Domestic Violence?

      Even if you are never formally charged with domestic violence, you may still face serious consequences without the help of a lawyer. 

      For example, if you were involved in a domestic dispute, you may have been served with a restraining order that prevents you from contacting your accuser. Being served with a restraining order is a serious and immediate problem that requires immediate attention.

    • What Are the Penalties for Domestic Violence in Florida?

      Under Florida Statute § 741.28, the penalties for a domestic violence conviction include:

      • A misdemeanor of the second degree, punishable by up to 60 days in jail and a fine of up to $500
      • A misdemeanor of the first degree, punishable by up to 1 year in jail and a fine of up to $1,000
      • A felony of the third degree, punishable by up to 5 years in prison and a fine of up to $5,000
      • A felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000
      • A felony of the first degree, punishable by up to 30 years in prison and a fine of up to $10,000

      As a result of the domestic nature of the offense, individuals convicted of domestic battery will also be subject to heightened mandatory penalties as outlined in Chapter 741 of the Florida Statutes. 

      These additional consequences may include:

      1. Completion of a 26-week Batterer’s Intervention Program (BIP).
      2. Additional community service requirements.
      3. The forfeiture of important civil liberties, including the right to carry a concealed weapon.
      4. The issuance of an injunction or 'no-contact' order. 
    • Can I Be Arrested for Domestic Violence If I Never Got Charged?

      You may have been involved in a domestic dispute, and your accuser may have been served with a restraining order against you. A restraining order is a court order that prevents you from contacting your accuser and entering the residence or workplace where they live or work.

      If you violate a restraining order, you can be arrested and charged with a crime. The crime you are charged with will depend on the circumstances of the violation. For example, if you violated the restraining order by contacting your accuser by phone, you can be charged with a misdemeanor of the first degree.

      If you violated the restraining order by physically hurting your accuser, you can be charged with a felony of the third degree.

      Contact our Jacksonville domestic violence lawyers today to make sure you are protected and have the best possible defense on your side, no matter the details surrounding your situation.

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