Criminal Law FAQs

Burglary: Burglary, in most cases is either a third degree felony or a second degree felony. If convicted a burglary to a home (occupied or unoccupied) there is a minimum sentence of 21 months in the Florida state prison system. Did you know that a judge can go below the 21 months depending on the circumstances of your case? Did you also know that a judge can consider your prior record not only for purposes of sentencing but also at a trial so that the state can meet their burden of proof to try to get a conviction.

Felony: Click here for Felony information 

Misdemeanors: Complete Misdemeanor information is right here

Sex Offenders: If you are convicted of a criminal sex offense, you may be classified as a “sex offender” or “sexual predator.” Either designation requires an individual to comply with state registration requirements. Each county in Florida may have separate sex offender requirements that must be followed. For example, in Duval County, there is a municipal ordinance which states that a sexual offender or sexual predator shall not live within 2,500 feet of a school. In many other counties the requirement is 1,000 feet. Always be aware of the laws where you choose to live in Florida. Remember, ignorance of the law is not a defense.

Drug Offenses: In Florida, you can be charged with various types of possession of drugs. For example, if you are driving a friend’s car which contains drugs, you could be charged with possession of a controlled substance. You can even be charged with illegal possession of drugs even if you have a prescription for the drugs. Also be aware that you could be charged with drug trafficking if you are in possession of 4 grams or more of cocaine. Always know that if you are convicted of a drug offense, you will lose your driver’s license for 2 years.

Gun charges: Click here for Guns, Firearms and weapons information

Violation of probation: There are two types of probation; misdemeanor and felony. You can violate probation for committing a new crime or violating the conditions of your probation. There is no jury trial available. However, you are entitled to a hearing where the judge hears the facts and evidence and renders a verdict. It is important to note that when you violate probation, the judge can sentence you to the maximum penalty that can be imposed by law, not just what you were originally sentenced to.

Bond reductions: Before you bond out of jail, keep in mind that the judge who set your bond might not be the judge assigned to your case. You should consider hiring a criminal attorney to file a motion for a bond reduction so your judge might view your case differently than the judge who set bond.

Traffic tickets: Never pay a traffic ticket if it is for a moving violation. If you pay the ticket you will automatically be convicted which will lead to higher insurance premiums and you will receive points which could lead to a suspension of your driver’s license

Juvenile criminal defense: In a juvenile criminal case, a child is not entitled to a jury trial. A judge, if the case goes to trial, will hear the facts and evidence and render a verdict. In special circumstances, a juvenile can be charged as an adult which depends on the child’s age, crime committed and prior record.

If you are, or fear you may be, charged with a crime, now is the time to contact criminal lawyer Adam Sacks. Adam has conducted hundreds of civil and criminal trials and knows how to provide a strong defense. Call (904) 396-5557 for a free, confidential consultation.