Tampa Kidnapping Attorney
A kidnapping charge in Florida is one of the most serious criminal offenses a person can face. A conviction can result in decades in prison (or even life imprisonment in certain circumstances) along with a permanent felony record and the loss of important civil rights, including the right to possess firearms. Because prosecutors aggressively pursue kidnapping cases and the evidence is often complex, speaking with an experienced Tampa kidnapping attorney as early as possible can make a significant difference in the outcome of your case. Led by attorney J. Ruffin Hunt, a former Division Chief with the Hillsborough County Public Defender's Office who has handled thousands of criminal cases, Hunt Law | Tampa Criminal Defense provides strategic, aggressive criminal defense tailored to the unique facts of each case. We immediately begin protecting your constitutional rights, thoroughly investigating the allegations, identifying weaknesses in the State's evidence, and developing a defense strategy designed to achieve the best possible outcome. If you or a loved one has been arrested for or is under investigation for kidnapping in Tampa or anywhere in Hillsborough County, contact Hunt Law | Tampa Criminal Defense today for a confidential consultation with an experienced Tampa kidnapping attorney.
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Understanding Kidnapping Charges Under Florida Law
A kidnapping charge is among the most aggressively prosecuted offenses in Florida's criminal justice system. Unlike many people assume, kidnapping does not require crossing state lines or holding someone for ransom. In fact, many kidnapping charges arise during domestic disputes, alleged robberies, sexual batteries, false imprisonment, or other criminal investigations where prosecutors claim a person's movement or confinement exceeded what was necessary to commit another offense.
Because kidnapping is a first-degree felony punishable by up to life in prison, these cases demand an immediate and strategic defense. If you have been arrested or believe you are under investigation, speaking with an experienced Tampa kidnapping attorney before speaking with law enforcement can be one of the most important decisions you make.
At Hunt Law | Tampa Criminal Defense, J. Ruffin Hunt, a former Division Chief with the Hillsborough County Public Defender's Office, has defended thousands of criminal cases in Hillsborough County. He understands how local prosecutors investigate and prosecute serious felony offenses and develops defense strategies designed to challenge the State's evidence at every stage of the case.
What Is Kidnapping Under Florida Law?
Kidnapping is defined by Section 787.01, Florida Statutes. A person commits kidnapping if they forcibly, secretly, or by threat confine, abduct, or imprison another person against that person's will and without lawful authority, with the intent to:
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Hold the person for ransom, reward, or as a hostage or shield;
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Commit or facilitate the commission of another felony;
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Inflict bodily harm upon or terrorize the victim or another person; or
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Interfere with the performance of a governmental or political function.
The prosecution must prove every element of the offense beyond a reasonable doubt. Simply preventing someone from leaving for a brief period does not automatically constitute kidnapping. Likewise, not every physical restraint or confinement rises to the level of kidnapping under Florida law.
Whether the alleged confinement was significant enough to support a kidnapping conviction often becomes one of the central issues in these cases.
Kidnapping vs. False Imprisonment
One of the most important distinctions in Florida law is the difference between kidnapping and false imprisonment.
False imprisonment occurs when someone is forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained against their will without lawful authority. However, unlike kidnapping, false imprisonment does not require proof that the confinement was committed with one of the specific intents listed in the kidnapping statute.
This distinction is critical.
In many cases, the evidence may support a false imprisonment charge but fall short of establishing kidnapping. Demonstrating that prosecutors cannot prove the required criminal intent can substantially affect the outcome of a case and may result in reduced charges or an acquittal.
When Can Kidnapping Charges Be Filed?
Kidnapping charges arise in a wide variety of situations, including:
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Domestic violence investigations
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Child custody or parental disputes
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Alleged robberies
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Sexual battery investigations
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Carjacking cases
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Human trafficking investigations
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Home invasion cases
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Situations involving alleged restraints during another felony
In many of these cases, prosecutors allege that the movement or confinement of the alleged victim was separate from the underlying offense.
For example, moving someone from one room to another during an alleged robbery or forcing someone into a vehicle may lead prosecutors to pursue kidnapping charges in addition to the underlying felony.
Whether that movement legally supports a kidnapping conviction often depends upon highly fact-specific legal analysis.
Penalties for Kidnapping in Florida
Kidnapping is a first-degree felony punishable by life under Florida law.
A conviction may result in:
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Up to life in Florida State Prison
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Lengthy probation following incarceration
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A permanent felony conviction
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Loss of civil rights, including firearm rights
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Difficulty obtaining employment and professional licenses
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Immigration consequences for non-citizens
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Enhanced sentencing if other offenses are involved
If a firearm is alleged to have been used or discharged during the offense, mandatory minimum prison sentences under Florida's firearm enhancement laws may also apply.
Because the potential penalties are so severe, these cases require an immediate and aggressive defense.
Common Defenses to Kidnapping Charges
Every kidnapping case presents unique factual and legal issues. An experienced Tampa kidnapping attorney will carefully analyze whether the State can actually prove each required element beyond a reasonable doubt.
Depending upon the circumstances, potential defenses may include:
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The alleged confinement was consensual
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The State cannot prove the required criminal intent
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The restraint was merely incidental to another alleged offense
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False allegations or fabricated accusations
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Mistaken identity
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Lack of credible witness testimony
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Inconsistent statements by the alleged victim
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Surveillance video contradicting the allegations
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Insufficient evidence
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Constitutional violations during the investigation
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Illegal searches or seizures
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Improper police interrogation practices
Many kidnapping cases rely heavily upon the credibility of witnesses. A thorough investigation often uncovers inconsistencies, conflicting statements, digital evidence, surveillance footage, or other facts that significantly weaken the prosecution's case.
How Hunt Law | Tampa Criminal Defense Defends Kidnapping Cases
Kidnapping prosecutions often involve extensive evidence, including recorded interviews, surveillance footage, cell phone records, forensic evidence, social media communications, GPS data, and testimony from multiple witnesses.
At Hunt Law | Tampa Criminal Defense, we conduct an independent investigation rather than simply accepting the prosecution's version of events.
Our defense strategy may include:
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Reviewing all body-worn camera footage
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Examining surveillance video
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Analyzing cellphone and location data
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Interviewing witnesses
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Challenging identification procedures
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Filing motions to suppress illegally obtained evidence
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Contesting the admissibility of statements
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Negotiating with prosecutors when appropriate
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Preparing every case as though it will proceed to trial
As a former Division Chief with the Hillsborough County Public Defender's Office, J. Ruffin Hunt has extensive experience defending serious felony cases and understands how local prosecutors evaluate kidnapping allegations. That experience allows Hunt Law | Tampa Criminal Defense to identify weaknesses in the State's case early and develop a defense strategy focused on protecting your freedom and future.
Why Early Representation Matters
The period immediately following an arrest (or even before charges are formally filed) can significantly affect the outcome of a kidnapping case.
Law enforcement officers may attempt to obtain statements, search digital devices, execute search warrants, or interview witnesses while their investigation is ongoing. Every interaction with investigators has the potential to impact your case.
Retaining an experienced Tampa kidnapping attorney early allows your attorney to begin protecting your constitutional rights, preserve favorable evidence, communicate with investigators on your behalf, and position your case for the strongest possible outcome.
Speak With an Experienced Tampa Kidnapping Attorney
If you or someone you love has been arrested for or is under investigation for kidnapping in Tampa or anywhere in Hillsborough County, you should seek legal representation immediately. The consequences of a conviction can be life-changing, but an arrest does not mean the State can prove its case.
Hunt Law | Tampa Criminal Defense provides aggressive, strategic criminal defense for individuals facing serious felony charges throughout the Tampa Bay area. Contact Hunt Law | Tampa Criminal Defense today to schedule a confidential consultation with J. Ruffin Hunt, an experienced Tampa kidnapping attorney, and begin building your defense.
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What Are The Elements Of Kidnapping?
To prove the crime of Kidnapping, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) [forcibly] [secretly] [by threat]
[confined]
[abducted]
[imprisoned]
(victim) against [his] [her] will.
2. (Defendant) had no lawful authority to do so.
3. (Defendant) acted with intent to:
Give 3a, 3b, 3c, or 3d as applicable. If 3b is given, define applicable felony.
a. hold (victim) for ransom or reward or as a shield or hostage.
b. commit or facilitate the commission of (applicable felony).
c. inflict bodily harm upon or to terrorize (victim) or another person.
d. interfere with the performance of any governmental or political function.
Give when 3b is alleged. Faison v. State, 426 So. 2d 963 (Fla. 1983).
To be Kidnapping, the [confinement] [abduction] [imprisonment]
a. must not be slight, inconsequential, or merely incidental to the (applicable felony);
b. must not be of the kind inherent in the nature of the (applicable felony); and
c. must have some significance independent of the (applicable felony) in that it makes the (applicable felony) substantially easier of commission or substantially lessens the risk of detection.
Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
“Secretly” means the defendant intended to isolate or insulate (victim) from meaningful contact or meaningful communication with the public.
Read only if confinement is alleged and victim is under 13 years of age.
Confinement of a child under the age of 13 is against the child’s will if
such confinement is without the consent of the child’s parent or legal guardian.
If a violation of § 787.01(3), Fla. Stat., is charged, instruct as follows:
If you find the defendant guilty of Kidnapping, you must also determine
whether the State has proved the following aggravating circumstances beyond a
reasonable doubt:
1. At the time of the Kidnapping, (victim) was under 13 years of age;
and
2. In the course of committing the Kidnapping, (defendant) committed
[an Aggravated Child Abuse] [a Sexual Battery against (victim)] [a Lewd
or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or
Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a
Child for Prostitution upon (victim)] [a Forcing, Compelling, or
Coercing Another to Become a Prostitute upon (victim)] [an
Exploitation of a Child upon (victim)] [Human Trafficking for
Commercial Sexual Activity in which [a Child under the Age of 18] [an
adult believed by the defendant to be a child younger than 18 years
of age] [a Mentally Defective Person] [or] [a Mentally Incapacitated
Person] was Involved] [Capital Human Trafficking of Vulnerable
Persons for Sexual Exploitation]. Define applicable felony unless included
in other instructions.
If the State has charged and is seeking the adult-on-minor sex offense multiplier
in § 921.0024, Fla. Stat., instruct as follows. Alleyne v. United States, 133 S. Ct. 2151
(2013).
If you find the defendant guilty of Kidnapping, you must also determine
whether the State has proved the following four elements beyond a reasonable
doubt:
1. At the time of the Kidnapping, (defendant) was 18 years of age or
older.
2. At the time of the Kidnapping, (victim) was younger than 18 years of
age.
3. The Kidnapping was committed on or after October 1, 2014.
4. In the course of committing the Kidnapping, (defendant) committed
[Sexual Battery] [Lewd or Lascivious Battery] [Lewd or Lascivious
Molestation] [Lewd or Lascivious Conduct] [Lewd or Lascivious
Exhibition] [Lewd or Lascivious Exhibition Over a Computer Service]
against (same victim as in element #2). Define applicable felony unless
included in other instructions.
§ 787.001, Fla. Stat. Give only if applicable.
The defendant’s ignorance of (victim’s) age is not a defense. Additionally,
the misrepresentation of (victim’s) age by any person or the defendant’s genuine
belief that (victim) was over a specified age is not a defense.
J. Ruffin Hunt
Managing Member
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law | Tampa Criminal Defense, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience defending individuals charged with serious felony offenses. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and represents individuals facing serious violent felony allegations, including kidnapping and related offenses such as false imprisonment, aggravated battery, robbery, and other crimes involving allegations of force, threats, or unlawful confinement. Kidnapping charges can expose a person to severe criminal penalties and often involve complex factual disputes concerning intent, movement, confinement, consent, and the circumstances surrounding the alleged incident. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of serious crimes and providing aggressive, strategic representation for clients facing kidnapping charges in Tampa and throughout Hillsborough County.
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Hunt Law | Tampa Criminal Defense serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
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If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
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Hunt Law | Tampa Criminal Defense has deep roots in Hillsborough County and remains actively involved in the Tampa Bay community through participation in several respected local and professional organizations. The firm is proud to be associated with the Tampa Bay Chamber of Commerce, the South Tampa Chamber of Commerce, and the Ybor City Chamber of Commerce, organizations that play an important role in supporting local businesses, economic development, and community engagement throughout the region. As a Tampa native, attorney J. Ruffin Hunt understands the unique needs of individuals and families in Hillsborough County and is committed to serving the community both inside and outside the courtroom. These local affiliations reflect Hunt Law | Tampa Criminal Defense's ongoing commitment to professionalism, community involvement, and providing trusted criminal defense representation to clients throughout all of Hillsborough County.
Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: Can a no contact order in Tampa be modified?
A: Yes. In some cases, a no contact order in Tampa can be modified, but only by a judge. If you were arrested for domestic violence, the court may have imposed a no contact order as a condition of your pretrial release, prohibiting you from communicating with or coming near the alleged victim. The alleged victim cannot cancel or waive the order on their own, even if they want contact to resume. To request a modification, your attorney must typically file a motion asking the court to change the conditions of release. The judge will consider factors such as the nature of the allegations, whether injuries were involved, the parties' relationship, the alleged victim's wishes, whether children or shared housing are involved, and any ongoing safety concerns. In appropriate cases, a judge may modify a strict no contact order to a no violent contact order, allowing peaceful communication while still prohibiting threats or violence. Because violating a no contact order can result in bond revocation, additional criminal charges, or a return to jail, it is important to seek court approval before having any contact with the alleged victim.
Q: Can the victim "drop" domestic violence charges in Florida?
A: No. In Florida, the alleged victim cannot "drop" domestic violence charges because criminal cases are prosecuted by the State Attorney's Office, not by the alleged victim. Although the alleged victim can tell prosecutors they no longer want to pursue the case or submit an affidavit of non-prosecution, the decision whether to continue or dismiss the charges belongs to the State. Prosecutors often proceed with domestic violence cases even when the alleged victim does not want to cooperate, particularly if there is other evidence such as 911 recordings, body camera footage, witness statements, photographs, text messages, or medical records. If you have been charged with domestic violence, you should never contact the alleged victim in an attempt to have the charges dropped, as doing so may violate a no-contact order or even result in additional charges such as witness tampering. An experienced Florida criminal defense attorney can evaluate the evidence, protect your rights, and pursue the strongest possible defense.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: What is Florida's Stand Your Ground Law?
A: Florida's Stand Your Ground law allows individuals to use or threaten force in self-defense under certain circumstances without first retreating. If a person reasonably believes force is necessary to prevent imminent unlawful force, imminent death or great bodily harm, or the imminent commission of a forcible felony, Florida law may justify the use of force. Deadly force is permitted only in limited situations involving a reasonable fear of imminent death, great bodily harm, or certain violent felonies, while non-deadly force may also be used to defend yourself, another person, or, in some cases, your property. Importantly, once self-defense is raised, the State (not the defendant) must prove beyond a reasonable doubt that the use of force was not legally justified. However, Stand Your Ground does not protect someone who was committing a forcible felony, was the initial aggressor (with limited exceptions), or unlawfully uses force against law enforcement. Because these cases often involve complex factual and legal issues, anyone facing criminal charges involving self-defense should consult an experienced Florida criminal defense attorney as soon as possible.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: What is Hillsborough County's Domestic Violence Intervention Program (DVIP)?
A: Hillsborough County's Domestic Violence Intervention Program (DVIP) is a pretrial diversion program available to certain first-time defendants charged with eligible misdemeanor domestic violence offenses. If accepted, participants must complete conditions such as a Batterer's Intervention Program (BIP), counseling, community service, any recommended substance abuse treatment, compliance with no-contact orders, and other program requirements while remaining law-abiding. Upon successful completion, the State Attorney's Office will often dismiss the criminal charge by entering a nolle prosequi, allowing the defendant to avoid a domestic violence conviction and, in some cases, pursue sealing or expungement of the record later. Eligibility is determined on a case-by-case basis and depends on factors such as the defendant's criminal history, the severity of the allegations, whether injuries occurred, and the wishes of the alleged victim. Because DVIP is not appropriate in every case and may require waiving certain rights, it is important to consult an experienced Tampa domestic violence defense attorney before deciding whether diversion or fighting the charges is the better strategy.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.