Good character and strong witnesses can help your case, but they are not enough to get a case dropped. In Florida, prosecutors focus on the facts and whether they have enough evidence to prove the charges beyond a reasonable doubt. If they do, they will likely move forward.

That said, presenting evidence of your good character, community standing, and positive contributions can still be valuable. It may strengthen your position during plea negotiations, sentencing discussions, or jury trials where credibility and personal background can influence how the case is viewed.

In Florida, police are legally allowed to lie during an investigation, particularly during interrogations. They can claim to have evidence that doesn’t exist or say someone made a statement they never actually gave. These tactics are often used to pressure individuals into confessing or providing information.

Lying in court, however, is different. If an officer knowingly misrepresents the facts under oath, it is illegal and considered perjury.

That’s why fighting your case in court matters. You have the right to challenge their claims, question their credibility, and expose the truth. If you choose to testify, your voice carries just as much weight as theirs. Juries listen–and they don’t always side with law enforcement.

Bail is a financial guarantee that a person will return to court for all scheduled appearances. Once bail is set and paid, the person can be released while the case moves forward.

There are two main ways to post bail:

• Cash Bond: You (or someone on your behalf) pay the full bail directly to the court. If you attend all required hearings, the money is returned, minus any court fees.
• Surety Bond: A bail bondsman pays the full amount for you in exchange for a non-refundable fee, typically 10% of the total bail. This option is common when bail is too high to pay in full.

Most charges have a standard bail amount based on a preset schedule. However, a judge can raise, lower, or even deny bail based on factors like:

• The seriousness of the charges
• The strength of the evidence
• Your criminal history
• Your ties to the community
• Any risk to public safety
• Your likelihood of appearing for future court dates

Some serious charges, such as capital felonies or violent crimes, may be non-bondable, meaning you are not entitled to release. In those cases, you must request a special hearing where a judge decides if bail will be allowed.

Yes, you can be held in jail even if no formal charges have been filed against you. However, if prosecutors do not file charges within certain time limits, you may have the right to be released from custody.

Florida’s law has recently been updated. Here’s how the new timeline works:

• By Day 60:
  If no charges have been filed by the 60th day, the court must notify the state.
• By Day 63:
  If charges still haven’t been filed, the court must release you on your own recognizance (ROR), which means you won’t have to post bail, but you’ll still need to return for future court dates.
• Extension for Good Cause:
  If the state can show a valid reason for the delay, the court may allow up to 30 more days to file charges. During this time, any pretrial release conditions can remain in place.
• By Day 90:
  If charges still haven’t been filed by the end of the extension, the court must release you without bail and pretrial conditions. At that point, you’re no longer subject to restrictions related to that arrest.

Even if you are released because of these deadlines, prosecutors may still file formal charges later, depending on the facts of your case. That’s why it’s important to work with a criminal defense attorney like Peterford Law, who can fight for your release and protect you from unlawful detainment.

It depends on the details of your case. In Florida, you generally have the right to choose between a jury trial (where a group of citizens decides the verdict) and a bench trial (where a judge alone makes the decision).

• Jury Trial: A jury trial is often the preferred and most recommended option in criminal defense. Jurors bring their own life experiences into the courtroom, and that human perspective can work in your favor, especially if the case is weak, unfair, or based on questionable evidence. All jurors must agree to convict, so convincing just one juror of your innocence can lead to a better outcome.
• Bench Trial: A bench trial may be the right call if your case involves complex legal issues or if there’s a concern that a jury might be biased. Judges are trained to focus strictly on the law, and that can be helpful when your defense depends on technical arguments or procedural errors.

If you’re worried about choosing a trial for your defense, an attorney like Peterford Law can review your case and help you make the strongest strategic decision.

Each state sets its own rules for jury trials in criminal cases. In Florida, you are only guaranteed the right to a jury trial if the charge carries a potential sentence of six months or more in jail. This usually includes felony charges and certain misdemeanors.

If you’re unsure about your eligibility for a jury trial or need help making that request, Kevin at Peterford Law can guide you through the process.

In Florida, a preliminary hearing, also known as an adversarial probable cause hearing, is a legal proceeding to decide whether the state has enough evidence to proceed with formal charges.

Here’s what can happen at a preliminary hearing:

• The prosecutor must present evidence or witness testimony to support the arrest.
• The defense may cross-examine witnesses and challenge the state’s case.
• If the judge finds no probable cause, the accused may be released from custody.
• If probable cause is found, the case proceeds toward arraignment and trial.

In cases involving non-bondable offenses (like murder or certain violent felonies), Florida has a unique process called an Arthur hearing. This is separate from a preliminary hearing and determines whether a defendant should be granted bond in a serious or life-eligible offense. Your defense attorney can present evidence and argue that you should be released while awaiting trial.

Dressing well for court is recommended, but not required. A clean, respectful appearance shows that you take the process seriously and can help make a positive impression on the judge or jury.

Pleading “not guilty” is not the same as claiming innocence; it's a legal strategy. Even if you believe you broke the law, entering a not guilty plea protects your rights and gives your attorney time to review the evidence, challenge the case, and negotiate the best possible outcome.

It doesn’t mean you’re being dishonest or refusing to take responsibility. It simply means you are not giving up your options and ensuring you fully understand the situation before making final decisions.

Not always. Florida police are only required to read your Miranda rights if you’re in custody and being interrogated. If they fail to do so, any statements you made during questioning may be excluded from evidence, but that does not automatically mean your entire case will be dismissed.

The prosecution can still rely on other evidence, such as witness statements, physical evidence, video footage, officer observations, and more. However, if your Miranda rights were violated, your attorney may be able to challenge parts of the case or weaken the prosecution’s position.

While they may sound similar, probation and parole are two different parts of the criminal justice system:

• Probation: Probation is a court-ordered sentence served instead of jail or prison time. A person on probation must follow specific rules set by the court, like reporting to a probation officer, staying drug-free, and avoiding new arrests. Violating those terms can result in revocation and possible jail or prison time.
• Parole: Parole is early release from prison after serving part of a sentence. In Florida, parole is granted by the Florida Commission on Offender Review and is based on factors like good behavior while incarcerated. Like probation, parole comes with strict conditions, and violating them can result in being sent back to prison.

No, not all DUI convictions in Florida lead to jail time, especially if it's a first-time offense. Even though jail is a possible punishment, most first-time DUI cases do not result in jail. However, jail time is mandatory for a second, third, or subsequent convictions, and the length of incarceration increases with each offense.

In most DUI cases, the outcome of your sentence depends on how the case is presented and defended. A good DUI attorney like Peterford Law can help you build a strong defense, negotiate your options, and potentially reduce penalties or time served.

If you’ve been charged with a DUI in Florida, you will be required to complete a state-approved DUI education program. The type of course depends on your record:

• Level I DUI School is for first-time offenders. It includes at least 12 hours of classroom instruction, combining educational content with interactive discussions that cover the dangers of impaired driving and the legal consequences involved.
• Level II DUI School is designed for individuals with multiple DUI charges or more serious offenses. This course requires at least 21 hours of group-based instruction, focusing on repeat behavior and preparing students for potential treatment.

In most cases, a substance abuse evaluation is also required. If treatment is recommended, it must be completed through a provider licensed by the Florida Department of Children and Families (DCF).

An ignition interlock device (IID) is a breath-testing system installed in your vehicle. It prevents the car from starting if alcohol is detected on your breath. In Florida, an IID may be required after a DUI conviction, but the specifics depend on your record and the details of the charge.

Here’s what you need to know:

• First Conviction
  An IID isn’t automatically required after a first conviction, but a judge may order one at their discretion. If you were arrested with a BAC of 0.15 or higher, or a minor was present in the vehicle, you must have an IID installed for a minimum of six months.
• Second Conviction
  Even without aggravating circumstances, a second DUI triggers mandatory IID installation for at least one year. This period can be increased to two years if your BAC was 0.15 or higher or if a minor was present in the vehicle.
• Third Conviction
  Installing an IID becomes mandatory for a third DUI offense. The IID must remain in the vehicle for at least two years.
• Four or more convictions
  If you have four or more DUI convictions, an IID is typically required for at least five years as a condition of receiving a hardship license.

In most cases, a substance abuse evaluation is also required. If treatment is recommended, it must be completed through a provider licensed by the Florida Department of Children and Families (DCF).

If you’re charged with a DUI in Florida, your license can be suspended before your case goes to court or after a conviction. Here’s what you should know:

Before Your Trial

After a DUI arrest, your driver’s license is usually subject to an administrative suspension by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you blew over .08, your license is automatically suspended for 6 months. If you refused to provide a sample of your breath, urine, or blood, your license is suspended for 12 months.

You have 10 days from the date of your arrest to request a formal review hearing and challenge the suspension, or if you are eligible, you have 10 days to request an expedited hardship license. If you don’t act within that time, the suspension typically goes into effect and remains in place for a set period, regardless of what happens in your criminal case.

After Your Trial

If you are found guilty of DUI, the court will likely impose a mandatory license suspension. The length of the suspension depends on factors like your blood alcohol content (BAC), prior DUI history, and other circumstances of the case.

If you are not found guilty, it will not automatically end the administrative suspension. You must have successfully challenged the suspension through the formal review process for it to be lifted early. Otherwise, the administrative suspension will continue until the set period is over.

The timeline after a DUI charge moves fast. Missing key deadlines could limit your options to keep driving legally. It’s important to contact a qualified attorney like Peterford Law as soon as possible to guide you through the formal review process, protect your driving privileges, and advise you on the best way forward.

No, just because a police officer makes a statement during a DUI case doesn’t mean the charge is valid or accurate under Florida law.

Police officers are trained to observe behavior and make arrests based on probable cause, but that doesn’t mean their version of events is beyond challenge. DUI cases often involve subjective judgments, such as how someone performed on field sobriety tests or how they appeared at the time of the stop.

These observations are not proof of guilt. They’re just one piece of the case, and can be questioned, clarified, or even discredited during the legal process.

With the help of a qualified defense attorney like Peterford Law, you can prepare a strategy to challenge the officer’s observations, examine the evidence, and protect your rights.

After a DUI arrest, the most important step you can take is to speak with a DUI lawyer or hire a defense attorney who can guide you through the legal process. An experienced attorney who understands Florida law can help you build a strong defense and improve your chances of avoiding license suspension, serious penalties, and a lasting mark on your record.

Peterford Law is a trusted DUI defense attorney in Florida with experience on both sides of the courtroom. As a former prosecutor, Kevin knows how DUI cases are built and how to challenge them. He’ll help you understand your options, gather the right evidence, and develop a strategy based on your unique situation.

After contacting an attorney, you don’t want to forget about the 10-day rule: you have 10 days to either request an expedited hardship license or to request a formal review hearing to challenge the administrative license suspension. Missing this will forfeit your right to contest the suspension.

Attending Alcoholics Anonymous (AA) meetings after a DUI arrest shows you’re taking your situation seriously, but in most cases, AA alone will not significantly impact your criminal DUI defense.

Florida courts typically do not view AA meetings as formal treatment, and judges often prefer to see that you’ve completed a state-licensed substance abuse evaluation. If the evaluator recommends treatment, classes, or counseling, taking those steps carries more weight in court than attending AA.

Florida’s implied consent law means that by driving in the state, you automatically agree to submit to a breath, blood, or urine test if you’re lawfully arrested for a DUI.

Refusing to take a chemical test after a DUI arrest may seem like a way to avoid evidence, but it can trigger immediate penalties, even if you’re never convicted.

• First Refusal: If you refuse to submit to testing during your first DUI arrest, your driver’s license will be suspended for one year.
• Second or Subsequent Refusal: If you refuse a second time or beyond, the penalties become more severe. You could face an eighteen-month license suspension and be charged with a first-degree misdemeanor, punishable by up to one year in jail, up to one year of probation, and a fine of up to $1,000.

Any refusal can be used in court as evidence against you to support DUI charges.

In Florida, you do not have the right to speak to a lawyer before deciding whether to take a breathalyzer test if you’re suspected of DUI.

While you have the right to an attorney under the Sixth Amendment, that right only applies after you’ve been formally charged or are in custody and being interrogated. Since a breathalyzer test usually occurs during the initial investigation, before formal charges are filed, Florida courts have ruled that law enforcement is not required to give you access to an attorney beforehand.

If you’re stopped for a DUI, your best move is to stay calm, follow the officer’s instructions, take the required tests, and contact a criminal defense attorney like Peterford Law immediately after your arrest.

Yes, vomiting before taking a breathalyzer test can impact the accuracy of the results.

In Florida, law enforcement must follow strict procedures to ensure a breath test is valid and reliable. One important rule is the mandatory 20-minute observation period before administering the test. During this time, the officer must watch the individual closely to make sure they do not eat, drink, smoke, burp, or vomit — any of which could affect the test results.

If vomiting occurs during the observation, the officer must restart the observation period before administering another test. If this procedure is not properly followed, it may provide grounds to challenge the reliability of the breath test results in court.

If you’ve been charged with DUI and believe your test was improperly handled, contact a criminal defense attorney like Peterford Law to review your case.

Yes, a police officer in Florida can still arrest you for DUI even if you appear to pass field sobriety tests.

DUI arrests are based on the totality of circumstances, meaning officers consider all available evidence when deciding whether to make an arrest. An officer might still arrest you if they notice other signs of impairment, such as:

• The smell of alcohol or drugs
• Slurred speech
• Bloodshot eyes
• Poor coordination or confusion
• Erratic driving behavior
• Statements made during the traffic stop

Possibly. Under Florida law, a DUI charge doesn’t rely solely on breath or blood alcohol tests. While chemical tests can offer strong evidence of impairment, they aren’t the only way a prosecutor may attempt to prove that someone was driving under the influence.

In the absence of breath or blood samples, the state will likely focus on showing that you were impaired to the point that you couldn’t safely operate a vehicle. These cases usually depend on the arresting officer’s observations and interpretations, such as poor driving patterns, field sobriety tests, and physical signs of impairment.

A domestic violence charge in Florida can have serious and immediate consequences, even before your case goes to trial. Here’s what you need to know:

• Mandatory No-Contact Orders: The court may issue an immediate order preventing you from contacting the alleged victim. This typically includes all forms of communication: phone calls, text messages, emails, and in-person contact.
• Restrictions Where You Can Live: If you live with the alleged victim, you may be ordered to leave the home, sometimes on the same day you are arrested.
• Children Visiting Restrictions: If you have children, your ability to see them could be limited or suspended while the case is pending, depending on the allegations and any protective orders issued.
• Employment: A pending domestic violence charge or conviction can impact your current job and future employment opportunities, especially if you work in healthcare, education, law enforcement, or hold a professional license.
• Firearm Restrictions: Being charged with or convicted of domestic violence can lead to restrictions on purchasing, owning, or possessing firearms under both Florida and federal law.

A protective order, also known as an injunction, is a court order that restricts one person from contacting or approaching another. It’s usually issued in cases involving allegations of domestic violence, stalking, harassment, or threats.

If a protective order is issued against you, it may prevent you from contacting the alleged victim, visiting certain locations, or possessing firearms. Violating the order can lead to additional criminal charges, including jail time, fines, and other consequences.

If a protective order has been issued against you, you may be prohibited from returning to the home or having direct contact with the alleged victim, even if you just want to collect your belongings. However, there are safe and legal ways to retrieve your personal property:

• Law Enforcement Escort: You may be able to schedule a brief, supervised visit to the residence with a law enforcement officer present to collect your belongings.
• Neutral Third Party: A trusted third party, such as a friend or family member, may be allowed to retrieve your items on your behalf, either with court approval or under police supervision.

It’s important to handle this process carefully to avoid unintentionally violating the protective order. Speaking with an attorney before taking action is the best way to understand your options and protect yourself from additional legal trouble.

Spousal privilege is a legal protection that allows a person to refuse to testify against their spouse in certain situations. It is based on the idea that private communications between married couples should be protected.

In Florida, there are two main types of spousal privilege:

• Testimonial Privilege: In most criminal cases, one spouse cannot be forced to testify against the other. However, the spouse being asked to testify can choose to waive that right.
• Confidential Communications Privilege: Private conversations between spouses are protected, meaning one spouse generally cannot be forced to reveal what the other said in confidence during the marriage.

There are important exceptions. Spousal privilege usually does not apply in cases involving crimes against the spouse, crimes against children, or certain domestic violence charges. If spousal privilege is available in your case, an attorney like Peterford Law can help you understand how it may impact your defense.