Tampa Criminal Defense Frequently Asked Questions
If you have been arrested, charged with a crime, or learned that you are under investigation in Tampa or Hillsborough County, you probably have questions about what happens next. The criminal justice process can move quickly, and decisions made early in a case can affect the outcome.
At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt represents people facing misdemeanor and felony charges throughout Hillsborough County. Before founding Hunt Law, Ruffin served as a Division Chief with the Hillsborough County Public Defender’s Office and has handled thousands of criminal cases in the Tampa area.
Below are answers to common questions about arrests, criminal charges, court appearances, bond, hiring a defense attorney, and the Florida criminal court process.
What Should I Do After Being Arrested in Tampa?
After an arrest, avoid discussing the facts of your case with law enforcement or other people and speak with a criminal defense attorney as soon as possible. Statements made after an arrest can potentially become evidence, even when someone believes they are simply explaining what happened.
For most people arrested in Hillsborough County, the first stages of the case involve booking, a first appearance hearing, a bond or release determination, and a decision by prosecutors about the charges they intend to pursue.
An attorney can begin investigating the allegations, preserve evidence, communicate with prosecutors, and determine what legal or factual defenses may be available.
[Learn more about what happens after an arrest in Tampa]
How Soon Will I See a Judge After an Arrest in Hillsborough County?
A person who remains in custody after an arrest will generally appear before a judge for a first appearance hearing within 24 hours.
At first appearance, the judge may address probable cause, bond, conditions of release, and other preliminary matters. First appearance is not a trial, and the judge ordinarily does not determine whether the defendant is ultimately guilty or innocent. In Hillsborough County, first appearance hearings are held in Courtroom 17 of the Hillsborough County Courthouse. On weekdays the hearing takes place at 1:30 PM. On weekends and holidays the hearing takes place at 10:00 AM.
[Learn more about First Appearance Court in Hillsborough County]
What Happens at an Arraignment in Tampa?
An arraignment is a court hearing where the defendant is formally advised of the charges and called upon to enter a plea. It is generally a procedural hearing rather than a trial. Witnesses do not ordinarily testify, and the court does not determine guilt or innocence at arraignment.
When a criminal defense attorney has already entered the case, it may be possible to file a written plea and waive the defendant's personal appearance depending on the circumstances.
[Learn more about arraignment in Florida]
Can Criminal Charges Be Dropped in Florida?
Yes. Criminal charges can sometimes be dismissed or reduced, but the decision to prosecute generally belongs to the State Attorney's Office rather than the alleged victim.
Depending on the case, charges may be challenged because of insufficient evidence, witness problems, constitutional violations, unlawful searches or seizures, self-defense, evidentiary issues, or other legal and factual defenses.
A defense attorney may also communicate with prosecutors before formal charges are filed and present evidence or arguments relevant to the filing decision.
[Learn more about getting criminal charges dropped or dismissed]
Can an Alleged Victim Drop Criminal Charges?
An alleged victim generally does not have unilateral authority to "drop charges" after an arrest. In Florida, criminal cases are prosecuted by the State of Florida, and the prosecutor ultimately decides whether to proceed.
An alleged victim's wishes can nevertheless be important. Prosecutors may consider the person's cooperation, statements, credibility, available evidence, and position regarding prosecution when evaluating a case.
This issue frequently arises in domestic violence cases, where prosecutors may sometimes continue pursuing charges even when the alleged victim does not want prosecution.
[Learn more about whether an alleged victim can "drop" criminal charges]
Should I Talk to the Police If I Know I Am Innocent?
Speaking to law enforcement without first obtaining legal advice can create unnecessary risks. Even truthful statements may be misunderstood, contradicted by other evidence, or used by investigators to develop additional evidence.
If a detective asks you to come to the police station, provide a written statement, answer questions, or "tell your side of the story," you can consult a criminal defense attorney before deciding whether to participate.
This can be particularly important when you have not yet been arrested but believe you are the subject of a criminal investigation.
[Learn more about the risks of talking to police during a criminal investigation]
Should I Hire a Lawyer Before Charges Are Filed?
You do not necessarily need to wait until formal charges are filed to hire a criminal defense attorney. The period between an investigation or arrest and the prosecutor's filing decision can sometimes provide an important opportunity for the defense.
Depending on the circumstances, an attorney may investigate the allegations, obtain evidence, identify witnesses, communicate with law enforcement or prosecutors, and present information relevant to whether charges should be filed.
Early representation can be especially important in serious felony, domestic violence, sex crime, drug, and other cases involving an ongoing investigation.
[Learn more about whether you should hire a lawyer before charges are filed]
How Does Bond Work After an Arrest in Tampa?
Bond allows a person accused of a crime to obtain release from custody while the criminal case is pending, subject to conditions imposed by the court.
The amount and availability of bond can depend on the charge, criminal history, circumstances of the alleged offense, risk of flight, public-safety considerations, and other factors. Certain cases may require a judge to determine whether and under what conditions a defendant can be released.
A judge may also impose conditions such as no contact with an alleged victim, restrictions on travel, firearm restrictions, monitoring, or other requirements.
[Learn more about Florida's bail statute]
What Is a No-Contact Order?
A no-contact order prohibits a defendant from having certain forms of contact with another person while a criminal case is pending. These orders are particularly common in domestic violence cases.
Depending on the court's order, prohibited contact may include in-person communication, telephone calls, text messages, social media communication, indirect communication through another person, or returning to a shared residence.
The wishes of the protected person do not automatically cancel a court's no-contact order. A defendant should follow the existing order unless and until the court modifies it.
[Learn more about no-contact orders in Tampa]
What Is the Difference Between a Misdemeanor and a Felony in Florida?
Florida divides criminal offenses into misdemeanors and felonies. Misdemeanors are generally punishable by incarceration (no more than 1 year) in a county jail, while felony offenses can potentially result in incarceration (exceeding 1 year) in the Florida Department of Corrections.
The maximum punishment depends on the degree of the offense. Florida recognizes second-degree and first-degree misdemeanors as well as third-degree, second-degree, and first-degree felonies, along with certain felonies punishable by life imprisonment.
[Learn more about misdemeanors in Florida]
[Learn more about felonies in Florida]
Will I Go to Jail If I Am Charged With a Crime?
Being charged with a crime does not necessarily mean you will receive a jail or prison sentence.
Potential outcomes depend on numerous factors, including the offense, evidence, criminal history, sentencing laws, negotiations with prosecutors, available defenses, mitigation, and whether the case proceeds to trial.
Possible outcomes can range from dismissal or diversion to probation, county jail, or state prison. Some Florida offenses also carry mandatory minimum sentences or other sentencing requirements that significantly restrict a judge's discretion.
Can a Felony Charge Be Reduced to a Misdemeanor?
In some cases, a felony charge may ultimately be reduced to a misdemeanor, but whether that is possible depends on the facts, evidence, applicable statutes, negotiations, and available defenses.
A reduction is not automatic simply because someone has no prior criminal record. A criminal defense attorney can evaluate whether weaknesses in the prosecution's case, mitigating circumstances, evidentiary issues, or other considerations support seeking a reduced charge.
How Long Does a Criminal Case Take in Hillsborough County?
There is no single timeline for a criminal case in Hillsborough County. Some misdemeanor cases may be resolved relatively quickly (in a matter of months), while complex felony cases could easily take longer than a year to resolve.
The timeline can depend on the complexity of the case, amount of evidence, depositions, expert witnesses, forensic testing, motion practice, plea negotiations, court scheduling, and whether the case proceeds to trial.
A faster resolution is not always a better resolution. A defense attorney may need time to obtain discovery, investigate the allegations, take depositions, litigate motions, or develop mitigation before determining the best strategy.
What Is Discovery in a Florida Criminal Case?
Discovery is the process through which the defense obtains information and evidence relating to the prosecution's case.
Depending on the allegations, discovery may include police reports, body-camera footage, surveillance video, photographs, witness statements, recordings, laboratory reports, digital evidence, forensic evidence, and other materials.
Reviewing discovery is an important part of determining what the prosecution can prove and identifying potential defenses or evidentiary issues.
What Does a Criminal Defense Attorney Actually Do?
A criminal defense attorney's role extends far beyond appearing in court.
Depending on the case, a defense lawyer may investigate the allegations, review discovery, obtain surveillance or digital evidence, interview witnesses, take depositions, challenge searches and statements, negotiate with prosecutors, present mitigation, litigate pretrial motions, prepare the client for court, and try the case before a judge or jury.
The appropriate defense strategy depends on the evidence and circumstances of the individual case.
How Much Does a Criminal Defense Attorney Cost in Tampa?
The cost of hiring a Tampa criminal defense attorney varies depending on the seriousness and complexity of the case. Factors may include whether the charge is a misdemeanor or felony, the amount of evidence involved, anticipated motions or depositions, whether expert witnesses may be needed, and whether the case proceeds to trial.
Many criminal cases are handled for a flat fee rather than an hourly rate. Before hiring an attorney, you should understand what the fee covers and whether additional costs could arise.
Hunt Law offers free, confidential consultations to discuss the allegations and potential representation. Additionally, Hunt Law quotes transparent fees that cover the entire case from start to finish including trial if necessary. Unlike many other firms, Hunt Law does not charge additional fees for clients who decide to exercise their right to a trial.
What Should I Look for When Hiring a Tampa Criminal Defense Attorney?
When choosing a criminal defense attorney, consider the lawyer's experience handling criminal cases, familiarity with the local court system, practice focus, trial experience, communication, and experience with the particular type of charge you are facing.
Local experience can also matter. Criminal procedure is governed by Florida law, but understanding the judges, prosecutors, court procedures, and practices within Hillsborough County can be valuable when developing a defense strategy.
Hunt Law focuses exclusively on criminal defense in Hillsborough County and Attorney J. Ruffin Hunt is a Tampa native who previously served as a Division Chief with the Hillsborough County Public Defender's Office.
What Types of Criminal Cases Does Hunt Law Handle?
Hunt Law represents clients facing misdemeanor and felony charges in Tampa and throughout Hillsborough County, including:
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Firearm offenses
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Criminal investigations
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Other misdemeanor and felony offenses
Our practice is dedicated exclusively to criminal defense.
Can Hunt Law Represent Me If I Have Not Been Arrested Yet?
Yes. Criminal defense representation can begin before an arrest or formal filing of charges.
If you have been contacted by a detective, learned that someone made a police report against you, received a request for an interview, or otherwise believe you are under investigation, speaking with an attorney before communicating with law enforcement may help protect your rights and allow the defense to begin investigating the allegations early.
Speak With a Tampa Criminal Defense Attorney
Every criminal case is different, and general information online cannot determine the best strategy for a particular case.
If you have been arrested, charged with a crime, or are under criminal investigation in Tampa or Hillsborough County, Hunt Law offers free and confidential case consultations. Attorney J. Ruffin Hunt draws on years of experience handling criminal cases in Hillsborough County, including his prior service as a Division Chief with the Hillsborough County Public Defender's Office.
Contact Hunt Law to discuss what happened, what happens next, and the defenses or options that may be available in your case.