Tampa Robbery Attorney
If you have been arrested or accused of robbery in Tampa, you are facing a serious felony charge that can carry years in Florida State Prison and consequences that may follow you for the rest of your life. At Hunt Law, Tampa robbery attorney J. Ruffin Hunt provides aggressive, strategic defense for clients facing robbery charges throughout Tampa and Hillsborough County. As a former Division Chief with the Hillsborough County Public Defender’s Office, Mr. Hunt has extensive experience defending individuals accused of serious felony offenses and understands how to identify weaknesses in the prosecution’s case. Whether the allegations involve the use of force, possession of a weapon or firearm, or mistaken identity, Hunt Law will carefully examine the evidence, protect your constitutional rights, and build a defense tailored to the facts of your case. If you need an experienced Tampa robbery defense attorney, contact Hunt Law today for a free, confidential case consultation.
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What Is Robbery in Florida?
Under Section 812.13, Florida Statutes, robbery generally occurs when a person takes money or other property from the person or custody of another, with the intent to temporarily or permanently deprive the person or owner of that property, and uses force, violence, assault, or putting in fear in the course of the taking.
The use of force or fear is what generally distinguishes robbery from an ordinary theft offense. A person does not necessarily have to seriously injure someone to be accused of robbery. Depending on the circumstances, prosecutors may attempt to establish robbery by alleging that the accused used physical force, threatened violence, committed an assault, or placed the alleged victim in fear during the taking of property.
Florida law also defines "in the course of the taking" broadly. The alleged force, violence, assault, or putting in fear may occur before, during, or after the property is taken, provided that the taking and the other conduct constitute a continuous series of acts or events. Similarly, conduct may be considered "in the course of committing the robbery" if it occurs during an attempted robbery or while fleeing after an attempted or completed robbery.
Because robbery is a serious felony offense, the precise facts surrounding the alleged taking and the alleged use of force can have a significant impact on both the charges and the potential penalties.
Types of Robbery Charges in Florida
The severity of a robbery charge under Section 812.13 depends in significant part on whether the accused allegedly carried a weapon, firearm, or other deadly weapon during the offense.
Robbery Without a Weapon
When no firearm, deadly weapon, or other weapon is carried during the commission of the robbery, the offense is generally classified as a second-degree felony. A second-degree felony is ordinarily punishable by up to 15 years in Florida State Prison and a fine of up to $10,000.
Although sometimes referred to as "strong-arm robbery," robbery without a weapon is still a serious felony. The prosecution must still establish the required taking and the use of force, violence, assault, or putting in fear.
Robbery With a Weapon
If the accused carried a weapon during the commission of the robbery, the offense is elevated to a first-degree felony. A first-degree felony is generally punishable by up to 30 years in Florida State Prison and a fine of up to $10,000.
Whether an object legally qualifies as a "weapon" can therefore become an important issue in a robbery prosecution. The defense may need to examine the nature of the alleged object, how it was allegedly possessed or used, and the evidence connecting it to the accused.
Robbery With a Firearm or Deadly Weapon
If the accused carried a firearm or other deadly weapon during the commission of the robbery, Section 812.13 classifies the offense as a first-degree felony punishable by up to life imprisonment.
These cases carry extraordinarily high stakes. When a firearm is alleged, the potential consequences may extend beyond the maximum penalty associated with the robbery charge itself because Florida's firearm sentencing laws may also impose significant mandatory minimum prison sentences.
Florida's 10/20/Life Law and Armed Robbery Charges
One of the most important sentencing issues in a Florida robbery case involving a firearm is Section 775.087, Florida Statutes, commonly known as Florida's "10/20/Life" law.
Robbery is among the offenses that may be subject to these firearm mandatory minimum sentencing provisions. Depending on the allegations and what the prosecution can prove, a person convicted of a qualifying robbery offense may face substantial mandatory prison time.
Generally, the potential mandatory minimums include:
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10 years for actual possession of a firearm during a qualifying offense;
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20 years if a firearm is discharged during the offense; and
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25 years to life if the discharge of the firearm causes death or great bodily harm.
Certain qualifying firearms or weapons may carry different or enhanced mandatory minimum sentencing consequences.
The distinction between simply being accused of participating in a robbery and being accused of actually possessing or discharging a firearm can therefore be enormously important. The specific allegations, charging document, evidence, and applicable sentencing provisions must all be carefully examined.
Mandatory minimum sentencing laws can significantly restrict a judge's sentencing discretion following a conviction. For that reason, firearm allegations should be evaluated from the earliest stages of a robbery case. A Tampa robbery attorney can examine whether the prosecution can actually establish possession of the firearm, whether the firearm can be connected to the accused, whether the statutory enhancement applies, and whether the evidence supports the specific allegations necessary to trigger a mandatory minimum sentence.
What Does "Putting in Fear" Mean in a Robbery Case?
Not every robbery allegation involves an alleged physical attack. Florida's robbery statute also applies when property is taken through conduct that amounts to an assault or "putting in fear."
This means the prosecution may pursue a robbery charge even when the alleged victim was not physically injured. The circumstances surrounding the encounter become critical, including what was allegedly said or done, the conduct of the accused, and whether the evidence establishes the level of fear required for a robbery conviction.
These cases can be highly fact-specific. Witness testimony, surveillance video, body-camera footage, 911 calls, text messages, and other evidence may provide a different account from the version initially reported to law enforcement.
The Difference Between Robbery and Theft in Florida
Robbery and theft both involve allegations of unlawfully taking property, but robbery requires an additional element involving force, violence, assault, or putting in fear.
That distinction is significant because theft and robbery can carry dramatically different consequences. For example, a dispute may arise over whether force was actually used to accomplish the taking or whether the evidence supports only an underlying theft allegation.
The timing of the alleged force can also be important. Under Section 812.13, force occurring before, during, or after a taking may potentially satisfy the robbery statute when the conduct and taking form a continuous series of acts or events. The specific sequence of events must therefore be carefully analyzed rather than assuming that every use of force associated in some way with stolen property automatically establishes robbery.
A defense attorney may examine whether the prosecution can prove each required element of robbery beyond a reasonable doubt and whether the evidence instead supports a lesser offense—or no criminal offense at all.
Evidence Commonly Used in Tampa Robbery Cases
Robbery investigations often depend heavily on identification evidence and electronic or physical evidence. Depending on where the alleged offense occurred, the prosecution's case may involve surveillance footage from businesses or residences, cellphone records, location data, social media communications, photographs, fingerprints, DNA evidence, vehicle information, witness statements, or property allegedly recovered by law enforcement.
In cases involving a firearm, additional evidence may include the alleged weapon itself, ballistics evidence, shell casings, firearm-related forensic testing, or statements concerning who allegedly possessed the firearm.
A thorough defense investigation should examine not only the evidence prosecutors intend to use but also evidence that may have been overlooked or that contradicts the State's theory. Surveillance footage can disappear or be overwritten, and witnesses' memories can change over time. Early investigation may be particularly important when independent evidence needs to be located and preserved.
Mistaken Identification in Robbery Cases
Identification can be one of the most important issues in a robbery prosecution, particularly when the alleged perpetrator was unknown to the victim.
Robberies may occur quickly and under stressful circumstances. Witnesses may have only a brief opportunity to observe the person involved. Poor lighting, masks, clothing, distance, fear, the presence of a weapon, and other factors may affect a witness's ability to make an accurate identification.
Police identification procedures may also require close scrutiny. Depending on the circumstances, a Tampa robbery defense attorney may examine photo arrays, lineups, show-ups, body-camera recordings, and statements made by witnesses before and after identifying a suspect.
If an identification procedure was impermissibly suggestive or violated the accused's constitutional rights, the defense may have grounds to challenge the admissibility of identification evidence. Even when suppression is not available, inconsistencies and weaknesses in eyewitness testimony may be critical to establishing reasonable doubt.
Potential Defenses to a Florida Robbery Charge
There is no single defense that applies to every robbery case. The appropriate strategy depends on the evidence and circumstances. Potential defense issues may include:
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Mistaken identity: The accused was not the person who committed the alleged offense.
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Insufficient evidence of force or fear: The prosecution cannot prove the force, violence, assault, or putting-in-fear element required for robbery.
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No intent to deprive: The evidence does not establish the required criminal intent concerning the property.
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False accusation: The allegations are fabricated or materially inaccurate.
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Weapon or firearm disputes: The prosecution cannot establish that the accused carried or actually possessed the alleged weapon or firearm.
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Constitutional violations: Evidence or statements were obtained through an unlawful search, seizure, interrogation, or identification procedure.
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Insufficient evidence: The State cannot prove every element of the charged robbery offense beyond a reasonable doubt.
In some cases, the central defense may be complete innocence. In others, the issue may be whether the prosecution has charged a more serious offense than the evidence supports. When a firearm enhancement or mandatory minimum sentence is alleged, successfully challenging a particular allegation can potentially have a substantial impact on sentencing exposure.
Why Early Investigation Can Matter in a Robbery Case
Robbery investigations can move quickly. Detectives may seek search warrants, obtain cellphone records, interview witnesses, conduct identification procedures, and attempt to question suspects before formal charges are filed.
Getting a defense attorney involved early can provide an opportunity to begin investigating the allegations independently and preserving potentially favorable evidence. It can also help protect an accused person from making statements without understanding how those statements may later be used.
A defense attorney can review police reports and discovery, investigate witnesses, examine surveillance footage, challenge questionable identification procedures, evaluate forensic evidence, and determine whether law enforcement violated constitutional protections.
When appropriate, the defense may also communicate with prosecutors regarding weaknesses in the evidence, charging decisions, firearm enhancements, or potential resolutions. Every case is different, and no particular outcome can be guaranteed, but decisions made early in a serious felony prosecution can affect the direction of the case.
Why Hiring an Experienced Tampa Robbery Attorney Matters
A robbery conviction can result in years—or, in the most serious cases, potentially life—in Florida State Prison. When a firearm is involved, mandatory minimum sentencing provisions may create additional exposure that makes the stakes even higher.
At Hunt Law, attorney J. Ruffin Hunt represents individuals accused of robbery and other serious felony offenses in Tampa and Hillsborough County. As a former Division Chief with the Hillsborough County Public Defender's Office, Mr. Hunt has experience handling serious criminal cases and understands the importance of carefully investigating the facts, scrutinizing the prosecution's evidence, and developing a defense strategy tailored to the individual case.
A robbery charge is not a conviction. The prosecution still bears the burden of proving every element of the offense beyond a reasonable doubt, as well as any additional allegations necessary to support enhanced charges or mandatory sentencing provisions.
If you or a loved one has been arrested or charged with robbery in Tampa, contact Hunt Law to speak with an experienced Tampa robbery attorney. The firm can evaluate the allegations, explain the potential penalties, and begin developing a strategy to protect your rights and your future. Contact Hunt Law today for a free, confidential case consultation.
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What Are The Elements Of Robbery?
To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) took [the] [a] [an] (money or property described in charge) from the person or custody of (person alleged).
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The property taken was of some value.
4. The taking was with the intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it].
Assault. § 784.011, Fla. Stat.
An “assault” is an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of that victim a well-founded fear that violence is about to take place.
Fear. Give only if applicable. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).
If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then a victim may be found to have been in fear, and actual fear on the part of a victim need not be shown.
In the course of the taking. § 812.13(3)(b), Fla. Stat.
Abandonment. Give bracketed language only if applicable. Peterson v. State, 24 So. 3d 686 (Fla. 2d DCA 2009).
“In the course of the taking” means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.
[If a defendant abandoned the property that had been taken before he or she used force or threatened to use force, then the taking of the property and the use of force or threatened force was not a continuous series of acts or events. In such a case, the taking does not constitute Robbery, but may constitute Theft, and the use of force or threatened force may constitute separate crimes.]
Afterthought. Give only if applicable. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012).
If you find that the taking of property occurred as an afterthought to the
use of force or violence [or the threat of force or violence] against (victim), the
taking does not constitute Robbery, but may still constitute Theft.
Title to property. Give if applicable.
In order for a taking of property to be Robbery, it is not necessary that the
person robbed be the owner of the property. It is sufficient if the person has the
custody of the property at the time of the offense.
Force. Give bracketed language only if applicable. Thomas v. State, 36 So. 3d 853
(Fla. 3d DCA 2010).
The taking must be by the use of force or violence so as to overcome the
resistance of a person, or by putting a person in fear so that he or she does not
resist. [The law does not require the force, violence, assault, or putting in fear to
be exerted against the victim from whom the property was taken if the force,
violence, assault, or putting in fear was exerted against another in the course of
the taking.] The law does not require that a victim of Robbery resist to any
particular extent or that a victim offer any actual physical resistance if the
circumstances are such that a victim is placed in fear of death or great bodily
harm if he or she does resist. But unless prevented by fear, there must be some
resistance to make the taking one done by force or violence.
Victim unconscious. Give only if applicable.
It is also Robbery if a person, with intent to take the property from a
victim, administers any substance to that victim so that [he] [she] becomes
unconscious and then takes the property from the person or custody of that
victim.
Taking. Give if applicable.
In order for a taking by force, violence, or putting in fear to be Robbery, it
is not necessary that the taking be from the person of a victim. It is sufficient if
the property taken is under the custody of a victim so that it cannot be taken
without the use of force, violence, or intimidation directed against a victim.
Higher degrees of Robbery. Give only if applicable. § 812.13(3)(a), Fla. Stat.
If you find the defendant guilty of the crime of Robbery, you must further
determine beyond a reasonable doubt if “in the course of committing the
robbery” the defendant carried some kind of weapon. An act is “in the course of
committing the robbery” if it occurs in an attempt to commit robbery or in flight
after the attempt or commission.
With a firearm. § 812.13(2)(a), Fla. Stat.
If you find that the defendant carried a firearm in the course of
committing the Robbery, you should find [him] [her] guilty of Robbery with a
firearm.
A “firearm” means any weapon [including a starter gun] which will, is
designed to, or may readily be converted to expel a projectile by the action of an
explosive; [the frame or receiver of any such weapon;] [any firearm muffler or
firearm silencer;] [any destructive device;] [any machine gun]. [The term
“firearm” does not include an antique firearm unless the antique firearm is used
in the commission of a crime. An antique firearm is (insert definition in
§ 790.001, Fla. Stat.)]. [A destructive device is (insert definition in § 790.001, Fla.
Stat.)].
With a deadly weapon. § 812.13(2)(a), Fla. Stat.
If you find that the defendant carried a (deadly weapon described in charge)
in the course of committing the Robbery and that the (deadly weapon described in
charge) was a deadly weapon, you should find [him] [her] guilty of Robbery with a
deadly weapon.
A “deadly weapon” is any object, other than a firearm, that will likely
cause death or great bodily harm if used in the ordinary and usual manner
contemplated by its design and construction.
Give if applicable.
An object not designed to inflict death or great bodily harm may be a
“deadly weapon” if it was [used] [or] [threatened to be used] [or] [intended to be
used] in a manner likely to cause death or great bodily harm.
Give if applicable.
“Great bodily harm” means great as distinguished from slight, trivial,
minor, or moderate harm, and as such does not include mere bruises.
With other weapon. § 812.13(2)(b), Fla. Stat.
If you find that the defendant carried a weapon that was not a firearm or a
deadly weapon in the course of committing the Robbery, you should find [him]
[her] guilty of Robbery with a weapon.
A “weapon” is any object, other than a firearm, that will likely cause
bodily harm if used in the ordinary and usual manner contemplated by its design
and construction.
Give if applicable.
An object not designed to inflict bodily harm may be a “weapon” if it was
[used] [or] [threatened to be used] [or] [intended to be used] in a manner likely to
cause bodily harm.
With no firearm or weapon. § 812.13(2)(c), Fla. Stat.
If you find that the defendant carried no firearm or weapon in the course
of committing the Robbery, but did commit the Robbery, you should find [him]
[her] guilty only of Robbery.
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, 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 handling misdemeanor, felony, and DUI cases. 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 understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. 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 crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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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: 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.