Criminal Law FAQs

If you have been arrested, charged with a crime, received a Notice to Appear or believe you may be under investigation, it is generally best to speak with a criminal defense attorney as early as possible. Early legal guidance can help you understand your rights, avoid mistakes and identify options that may be available in your case. If you are facing a criminal investigation or charge in Brevard County, contact Jordan Kramer to discuss your situation and learn how he may be able to help.

Both misdemeanors and felonies are criminal offenses, but felonies are more serious and carry greater potential penalties. In Florida, first degree misdemeanors are punishable by not more than 364 days in jail and second degree misdemeanors are punishable by not more than 60 days in jail. Felony offenses carry longer periods of incarceration. A third degree felony is punishable by not more than five years in prison, second degree misdemeanors are punishable by not more than 15 years in prison, and more serious felonies can carry life in prison. Although some misdemeanors are considered “serious,” felony convictions can also have lasting effects on employment, housing and often significantly impact other areas of your life.

The criminal process can vary depending on the charges, but a case may involve an arrest or Notice to Appear, an initial court hearing, formal charging, arraignment, discovery, pretrial hearings and negotiations. Not every case goes to trial; some are resolved through dismissal, some type of diversion program, or a plea agreement. An experienced attorney can and should explain to the client what is happening at each stage and help the client understand his or her options.

Even if you are innocent, statements made to law enforcement during an investigation can sometimes be misunderstood, taken out of context, and used as evidence against you. You generally do not have to explain your side of the story to law enforcement without first seeking legal advice. If police want to question you about a potential criminal offense, consider speaking with a defense attorney before answering substantive questions.

After an arrest, you have important rights, including the right to remain silent and the right to an attorney. Florida law provides that an arrested person must be allowed to consult privately with an attorney. You should also pay close attention to any court dates and conditions of release, and contact an experienced attorney if you are unsure about what to do next.

Miranda warnings generally inform a person in police custody that they have the right to remain silent and the right to an attorney during custodial interrogation. Many people mistakenly believe that law enforcement is required to advise a defendant of their Miranda rights.  It only applies when a defendant is in custody and law enforcement is questioning them.  In such circumstances, a defendant’s statements to police while in custody may not be used against him or her unless they have been advised of their rights under Miranada.  However, police not reading Miranda warnings does not automatically mean that a case will be dismissed. The circumstances of the questioning matter, including whether you were in custody and whether you were being interrogated.

Generally, the constitutional legality of whether a search of your home, property, or personal property implicates the Fourth Amendment, and whether law enforcement can search your property depends on the circumstances and whether officers have legal authority to conduct the search in question.. In many situations, you can refuse to give consent when officers ask to search. If your property was searched or evidence was seized, an attorney can review whether the search was lawful and whether the evidence may be challenged due to a Fourth Amendment violation.

You do not have to wait until an arrest occurs before seeking legal advice. If there’s reason to believe that you may be under suspicion and or investigation, consider speaking with a criminal defense attorney before responding to any questions or any requests for information from law enforcement. I can and often do meet with clients– prior to any criminal charges– to discuss their case in a confidential setting and formulate a legal strategy to handle it. It is always better to be proactive instead of re-active.

Missing a required court appearance or violating a condition of release can have serious consequences, including a possible warrant, arrest or changes to your release conditions. If you realize that you have missed court or may have violated your bond, do not ignore the situation. Contact an attorney as soon as possible to understand what has happened and what steps may be available.

Bail and other forms of pretrial release determine whether and under what conditions someone can remain out-of-custody while a criminal case is pending. Depending on the circumstances, an attorney may be able to request a reduction or modification of bail or other release conditions. The specific charges, nature and circumstances of the case, prior criminal history, length of time in the community, and numerous other factors can and do affect the Court’s decision as to the terms and conditions of pretrial release.

Yes, depending on the circumstances, criminal charges may be dismissed, reduced or otherwise resolved before trial. Potential reasons include, but are not limited to, lack of evidence, legal issues with the investigation or arrest which are challenged through pretrial motions, negotiations with the prosecutor,  and participation in a diversion program. If you are facing criminal charges, I can review the circumstances of your case and help you understand whether there may be opportunities for dismissal or a reduction in charges. 

A plea agreement is a negotiated resolution between the Defendant and his or her attorney and the prosecutor.  Generally, the  defendant agrees to plead guilty or no contest in exchange for an agreed-upon outcome.  This is known as a sentence.  A plea may involve reduced charges, sentencing recommendations or other terms. Before accepting a plea agreement, it is important to understand both its immediate and long-term consequences. 

Probation is a form of court-ordered supervision that allows someone to remain in the community while following specific conditions. Those conditions can include reporting to a probation officer, completing treatment or programs, paying restitution and obeying all laws. Violating probation can have serious consequences, so it is important to understand and follow every condition imposed by the court.

In some circumstances, Florida law allows eligible criminal records to be sealed or expunged.  Sealment or expungement means that the case has been removed from the public record, and under most circumstances a criminal defendant can legally deny that they were ever arrested for the offense once the case is sealed or expunged, subject to certain exceptions.  Eligibility depends on factors such as how the case was resolved, the offense involved, and the person's prior criminal history. If you are wondering whether your record may qualify, I would be happy to review your circumstances and explain whether sealing or expungement may be an option for you.

The consequences of a criminal conviction can extend well beyond the sentence imposed by the court. Depending on the offense, a conviction may affect employment, professional licenses, housing, education, finances and other areas of your future. Before resolving your case, it is important to understand the potential short-term and long-term consequences.

Having no prior criminal record can be an important consideration when determining how a case may be resolved, but a first offense does not automatically mean charges will be dismissed or penalties avoided. Depending on the offense and circumstances, first-time offenders may have options such as entering into a diversion program, negotiated resolutions, or alternative sentencing.  I would be happy to review your case and explain which options may be available.

Diversion programs can provide eligible defendants with an alternative to traditional prosecution or sentencing. Depending on the circumstances, programs may involve treatment, counseling, education, community service or other requirements. Eligibility varies by program and case, so an attorney can help determine whether a diversion option may be appropriate for you.  Some of the various diversion programs in the 18th Judicial Circuit include pre-trial intervention, drug court, mental health court, and veteran’s treatment court.  

Yes. Mental health or substance use issues can sometimes affect how a criminal case is defended or resolved, and certain treatment-based or specialized programs may be available. These circumstances should be addressed carefully and with respect for your privacy. I have successfully placed clients into all of the different diversion programs, so feel free to contact me to discuss which, if any, options may be available to you.  

A public defender is a court-appointed attorney for defendants who qualify for appointed counsel based on their financial circumstances. A private criminal defense attorney is hired directly by the client, the client’s family, or some other third party.  Perhaps the biggest difference between public defenders and private attorneys is that private attorneys have smaller case loads, and are therefore able to spend more time on a particular case.  

Confidentiality is an important part of the attorney-client relationship. Information you share with your attorney while seeking or receiving legal advice is generally protected by attorney-client privilege, subject to certain legal exceptions. It is imperative that the client be open and honest with his or her attorney.  An attorney cannot effectively advocate for their client unless they are made aware of all the facts and circumstances that may impact the case.  You should feel comfortable being honest with your attorney so they can understand your situation and provide informed legal advice.