Frequently Asked Questions


General

Kevin’s dedication to protecting the rights of his clients is backed by his experience both inside and outside the courtroom. His reputation for sharp, aggressive defense and his strong relationships within Florida’s legal community give him a distinct advantage.

A quick look at Kevin’s average review rating of 5 stars and client success stories will tell you all you need to know about his ability as a lawyer. From the words of a previous client, Kevin is “very professional and competent in his work.”

Kevin understands how DUI cases are handled by law enforcement and the courts, which helps him focus on the details that matter most. From challenging traffic stops to questioning the reliability of test results, his approach is shaped by years of working with DUI cases across the state.

Kevin’s time as a prosecutor gave him firsthand insight into how criminal cases are built and pursued. He knows how the state approaches charging decisions, evidence, and plea offers. This perspective helps him identify weaknesses in the prosecution’s arguments and build a defense that addresses every stage of the legal process.

While no outcome can ever be guaranteed, Kevin approaches each case with careful preparation and a strategy built around facts. His goal is to pursue the strongest possible result for every client he represents.

Choose someone who focuses on criminal defense, understands the local court system, and takes the time to listen to your concerns. A lawyer with courtroom experience and strong relationships with local judges and prosecutors may offer a big advantage.

The cost of hiring a criminal defense lawyer in Florida depends on the type of charge and the complexity of the case. Kevin offers free consultations so you can discuss your case and get a better idea of what to expect.

Look for someone with experience who understands how the local court system works. A good lawyer should communicate clearly, take time to listen, and know how to build a strong defense based on the details of your case.

While Kevin handles the legal strategy, court appearances, and paperwork, you’ll stay involved by sharing information and making key decisions when needed. The goal is to keep you informed without overwhelming you.

DUI

It depends on your job. Some employers or professional licenses require you to report an arrest or charge. If you’re unsure, check your employee handbook or licensing requirements. A lawyer can also help you understand your obligations.

In Florida, a first-time DUI conviction can lead to up to six months in jail, or up to nine months if your blood alcohol level was high or a minor was in the car. Sentences get more serious with each offense; second and third DUIs often include mandatory jail time, and a fourth DUI is usually charged as a felony that can lead to prison.8

In some cases, the court may allow treatment programs as an alternative to jail.

To reinstate your driver’s license after a DUI in Florida, you're usually required to complete a state-approved DUI program. These educational programs are overseen by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)9 and are offered through certified non-profit organizations across the state.

An ignition interlock device is typically required after a DUI conviction in Florida. Installation is mandatory for cases involving a high blood alcohol level (0.15 or above), a minor in the vehicle, or a second or later conviction. For a first offense without those factors, it’s not always required, but the court can still order it.10 If ordered, you will also be responsible for the cost.

A DUI arrest can lead to an automatic license suspension. However, you have 10 days11 from the date of your arrest to request a hearing to try to stop that suspension. If you don’t act within that time, your license will be suspended, even before your case goes to court.

In Florida, the DHSMV will automatically suspend your license for 6 months if you blow over .08 and 12 months if you refuse to give a breath sample. Additionally, if you have previously refused to give a breath sample, and refuse again, your license will automatically be suspended for 18 months.

An officer’s report is just one piece of evidence. It can be challenged based on how the stop was conducted, how tests were given, or whether proper procedures were followed. A skilled DUI lawyer can review the facts and look for weaknesses in the case.

Speak to a DUI defense lawyer as soon as possible. An experienced attorney such as Kevin Peterford can review your case, help you understand your options, and take quick action to protect your license and build your defense.

In some cases, attending AA or NA meetings before trial can help show the court that you’re taking the charge seriously and making positive changes. It may be useful during negotiations or sentencing, especially if alcohol abuse is a concern. However, it’s not necessary or helpful in every case. A DUI lawyer can advise you on whether attending meetings would benefit your specific situation.

Under Florida’s implied consent law,12 drivers are expected to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusing a test can lead to an automatic license suspension and may be used against you in court.

No, Florida law does not give you the right to speak with a lawyer before deciding whether to take a breath, blood, or urine test. This also falls under the state’s implied consent law.

Vomiting before a breath test may cause alcohol from your stomach to linger in your mouth, which can lead to a falsely high reading. Officers are supposed to observe you for a period of 20 minutes before giving the test to prevent this.13 If that step was skipped or done incorrectly, your lawyer may be able to challenge the results.

Field sobriety tests are only one part of a DUI investigation. Even if you perform well, an officer can still arrest you based on other signs of impairment, like the smell of alcohol, slurred speech, bloodshot eyes, or poor driving.

A DUI charge doesn’t rely solely on a test result. Even if you didn’t provide a sample, the case may still proceed based on other factors from the stop or arrest.

Domestic Violence

In Florida, after a domestic violence arrest, the decision to continue the case is made by the State, not the alleged victim. Even if your partner doesn’t want to press charges or testify, prosecutors may continue the case based on other evidence like witness statements, 911 calls, or police reports.

A domestic violence charge may affect your job, housing, ability to carry a firearm, and even custody rights. A domestic battery charge conviction or conviction withheld, cannot be sealed or expunged in Florida. It’s important to speak with a lawyer early to protect your rights and understand your options.

A protective order (sometimes called an injunction or restraining order15) is a court order that limits or restricts/prohibits contact between two people. It can require the accused person to stay away from the alleged victim’s home, workplace, or other locations, and may include temporary custody or property restrictions.

If you're barred from returning home due to a no-contact or protective order, the court may allow a one-time visit to collect essential belongings. This usually has to be arranged in advance, with court approval and a law enforcement escort.

Spousal privilege14 is a legal rule that protects private conversations between spouses during a marriage. In some cases, it allows a spouse to refuse to share or testify about those confidential discussions. However, it is limited to communications and does not cover things a spouse witnesses, such as actions related to domestic violence. A lawyer can help you understand whether spousal privilege applies in your case.

No-contact orders are usually issued right after an arrest and can stay in place throughout the case. In some situations, they may continue even after the case ends. These orders are separate from restraining orders, which involve a formal hearing and tend to last longer. Only the court can change or remove a no-contact order — contact is not allowed until that happens.

If the court issues a no-contact or protective order, you are not allowed to return home or have any contact with the other person involved. This applies even if you legally live there. Violating the order can lead to another arrest.

A lawyer can help you request a change to the order, but until that happens, the restriction stays in place.

Arrest & Criminal Process

You have the right to remain silent and the right to speak with an attorney.2 You do not have to answer questions or provide information that could be used against you.

Officers may use certain tactics to try to get information from you, even if those tactics involve dishonesty.1 That’s why it’s important to stay quiet and ask for a lawyer before answering any questions.

After an arrest, a judge will review your case and decide if bail is appropriate. Bail is a set amount of money that allows you to be released while your case is pending. If you qualify, you may also be released without posting bail.

Yes, but only for a short time. In Florida, prosecutors have 30 days to file charges after an arrest. If they haven’t filed by the 33rd day, the person must be released unless the court approves an extension. If an extension is granted, charges must be filed by the 40th day, or release is required.3

Not always. Miranda warnings only apply when you’re both in custody and being questioned.4 If those conditions weren’t met, the warning may not be required.

If those conditions were met and no warning was given, any statements made during questioning may be excluded from court. However, the case can still move forward if there is other evidence.

Probation is a type of supervision that allows someone to avoid jail or prison, usually under specific conditions set by the court. Parole is supervised release after serving time in prison, often granted for good behavior. Both require regular check-ins and adherence to certain rules to stay in compliance.

If you're arrested, stay calm and don’t answer any questions. Ask for a lawyer right away and wait until you’ve spoken to one before saying anything else.

Booking is the process after an arrest where your personal information, fingerprints, and photo are taken. Your belongings are collected, and your alleged offense is documented. After booking, most people remain in custody until their first court appearance, which must happen within the first 24 hours after arrest.

After booking, most people are allowed to make a phone call. You can use that time to contact a family member or someone who can help connect you with a lawyer.

It could. These recordings often show what really happened during a stop or arrest. If the footage reveals errors, excessive force, or anything that contradicts the report, it may support your defense.

If the police didn’t follow proper procedures or violated your rights, certain evidence might not be allowed in court. This could create opportunities to challenge parts of the case, depending on the situation.

Florida Criminal Court Procedures

Good character and strong community ties may help during negotiations, but they don’t automatically lead to dropped charges. Prosecutors focus on the facts of the case and the evidence available. However, positive background information can be part of a strong defense strategy.

It depends on the facts of the case, the type of charge, and the legal strategy. A jury trial involves members of the community deciding the outcome, while a bench trial is decided by a judge. Kevin reviews all factors carefully to help decide what’s in your best interest.

Some lower-level offenses, such as certain misdemeanors with a maximum sentence of six months or less, may not qualify for a jury trial in Florida. In those cases, a judge hears the case and makes the final decision in a bench trial. The right to a jury trial usually applies to more serious charges (including DUI or felony charges).5 However, if the State is seeking a non-jury trial it is imperative you make sure that the Court certifies no jail or adjudication will be imposed.

A preliminary hearing is a court proceeding used to determine whether there is enough evidence, or probable cause, to proceed with criminal charges. Florida uses two types of probable cause hearings.

The first is a nonadversarial hearing, usually held within 48 hours of arrest, where a judge reviews the case. The second is an adversarial preliminary hearing, which may be held if the defendant remains in jail and formal charges haven’t been filed within 21 days.6 This hearing allows both sides to present evidence and question witnesses in court.

Dressing neatly shows respect for the court and can make a good impression. You don’t need to wear a suit, but clean, conservative clothing is recommended. Avoid hats, flip-flops, or anything too casual.

A “not guilty” plea does not mean you’re denying what happened. This plea starts the legal process and gives your lawyer time to review the evidence, protect your rights, and explore all your options. You can always change your plea later if needed.

Case Outcomes

A criminal case can make it harder to get a job, rent a home, go to school, or keep a professional license. Employers in fields such as healthcare, education, finance, and government often have strict policies regarding criminal records. Depending on the case, it could also affect immigration status, financial aid, or other opportunities.

Most convictions stay on your record permanently in Florida. Some cases may qualify to be sealed or expunged,7 but that depends on the charge and the outcome. An attorney can review your situation and explain whether that’s an option.

The best way to protect your future is by working with a skilled criminal defense lawyer from the start. An attorney like Kevin Peterford can look for ways to reduce or dismiss charges, keep damaging information off your record, and fight for the best possible outcome.

If you believe something went wrong in your case, you may be able to file an appeal or explore other post-conviction options. There are strict deadlines and requirements, though, so it's important to speak with a lawyer right away to review your options.

Peterford Law Top Google Rated Criminal Laywers Near Me in Palm Beach County

Peterford Law Top Google-Rated DUI & Criminal Defense Attorney in Palm Beach County

Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of criminal cases and tried over 30 trials to verdict. With his extensive experience in criminal and DUI prosecution, Kevin presents a winning argument every time.

30+ Jury Trials

Kevin has tried over 30 cases to verdict. In 2018 he was recognized for handling the most trials in Palm Beach County.

3+ Years as a Prosecutor

Extensive knowledge of the court system which helps provide clients with the best defense possible.

2000+ Cases Handled

As a former prosecutor and now defense attorney, Kevin has been involved with hundreds of cases in Florida.

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