Tampa Felon in Possession of a Firearm Attorney
Being charged with Possession of a Firearm by a Convicted Felon in Florida is a serious felony offense that can result in significant prison time, probation, and fines. If you have been arrested or are under investigation for a firearm-related offense in Hillsborough County, it is critical to speak with an experienced Tampa felon in possession of a firearm attorney as soon as possible. At Hunt Law, we provide aggressive and strategic criminal defense representation for individuals facing weapons charges throughout Tampa and the surrounding areas. Attorney J. Ruffin Hunt is a former Division Chief with the Hillsborough County Public Defender's Office who understands how prosecutors build these cases and how to challenge allegations involving actual possession, constructive possession, unlawful searches, and firearm ownership. Whether your case involves a traffic stop, a vehicle search, a firearm discovered in a shared residence, or allegations of possession by a previously convicted felon, Hunt Law is prepared to protect your rights, your freedom, and your future. Call today for a free case consultation.
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What is Possession of a Firearm by a Convicted Felon in Florida?
Section 790.23, Florida Statutes
Florida law makes it illegal for certain individuals to possess, own, or control a firearm. Under Section 790.23, Florida Statutes, a person may be charged with Possession of a Firearm by a Convicted Felon if he or she has previously been convicted of a felony and is later found to possess a firearm, ammunition, or certain weapons. Because prosecutors often pursue these cases aggressively and because the offense can trigger mandatory prison sentences, anyone accused of violating this statute should immediately consult with an experienced Tampa felon in possession of a firearm attorney.
At Hunt Law, we represent individuals charged with firearm offenses throughout Tampa, Hillsborough County, and the surrounding areas. Attorney J. Ruffin Hunt is a former Division Chief with the Hillsborough County Public Defender's Office who understands how these cases are investigated, charged, and defended.
Who Can Be Charged Under Florida's Felon in Possession Statute?
Under Florida law, a person may not possess a firearm if he or she has:
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Been convicted of a felony in Florida;
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Been convicted of a felony under federal law;
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Been convicted of a felony in another state;
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Been adjudicated delinquent for a felony-level offense and is under the age of 24; or
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Been found guilty of a felony-level offense in another jurisdiction.
The law prohibits more than simply carrying a gun. A person can be charged if prosecutors believe the firearm was in his or her:
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Care;
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Custody;
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Possession; or
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Control.
As a result, many cases arise from firearms discovered during vehicle stops, traffic investigations, searches of residences, or situations where multiple individuals had access to the same firearm.
Actual Possession vs. Constructive Possession
One of the most important issues in many firearm possession cases is whether the accused actually possessed the firearm.
Actual Possession
Actual possession generally means the firearm was:
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On the defendant's person;
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In the defendant's hand;
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In a pocket;
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In a waistband; or
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Within immediate physical control.
Constructive Possession
Prosecutors do not need to prove the firearm was physically held by the defendant. They may attempt to establish constructive possession.
To prove constructive possession, the State generally must establish that the defendant:
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Knew the firearm was present; and
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Had the ability to exercise dominion and control over it.
Constructive possession cases often arise when firearms are found:
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Inside vehicles;
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Under seats;
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In glove compartments;
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In shared residences;
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In apartments occupied by multiple individuals; or
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In areas accessible to more than one person.
When a firearm is discovered in a location jointly occupied by several people, proving constructive possession becomes significantly more difficult for prosecutors. These cases frequently present strong defense opportunities.
Exceptions to the Law
Not every person with a prior felony conviction is permanently prohibited from possessing a firearm.
Under Section 790.23(2), the statute does not apply when:
Civil Rights and Firearm Rights Have Been Restored
A person whose civil rights and firearm authority have been lawfully restored may not be prohibited from possessing a firearm.
Criminal Records Have Been Expunged
The statute may not apply to certain individuals whose qualifying criminal history has been expunged pursuant to Florida law.
Determining whether a prior conviction qualifies under the statute often requires a careful review of court records, out-of-state judgments, and restoration documentation.
Potential Penalties for Possession of a Firearm by a Convicted Felon
Second-Degree Felony
In most cases, Possession of a Firearm by a Convicted Felon is a second-degree felony.
A conviction is punishable by:
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Up to 15 years in Florida State Prison;
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Up to 15 years of probation; and
In addition to incarceration, a felony conviction can have lasting consequences affecting employment opportunities, professional licensing, housing, and civil rights.
Florida's Three-Year Mandatory Minimum Prison Sentence
Section 775.087, Florida Statutes
Many defendants are surprised to learn that a conviction can trigger a mandatory prison sentence.
Under Florida's "10-20-Life" statute, a person convicted of Possession of a Firearm by a Convicted Felon who actually possessed a firearm during the commission of the offense faces a mandatory minimum sentence of:
3 Years in Florida State Prison
Unlike many criminal offenses, judges generally have limited discretion to sentence below a mandatory minimum prison term once the statute applies.
Because of these severe sentencing consequences, aggressively challenging possession and ownership allegations can be critical to avoiding a lengthy prison sentence.
Potential 10-Year Mandatory Minimum Sentence
Certain defendants face even harsher penalties.
If a person charged with Possession of a Firearm by a Convicted Felon has a prior conviction for one of Florida's enumerated violent or serious felony offenses and actually possessed a firearm during that prior offense, a conviction may result in:
10-Year Mandatory Minimum Prison Sentence
Whether the enhanced mandatory minimum applies often depends on the specific nature of the prior conviction and the facts surrounding that offense.
First-Degree Felony Enhancement
In certain circumstances involving criminal gang enhancement provisions, Possession of a Firearm by a Convicted Felon may be elevated from a second-degree felony to a first-degree felony.
A first-degree felony is punishable by:
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Up to 30 years in Florida State Prison;
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Up to 30 years of probation; and
Common Defenses to Felon in Possession Charges
Every case is unique, but several defenses frequently arise in firearm possession prosecutions.
Lack of Possession
One of the most common defenses is that the defendant never possessed the firearm.
The State must prove possession beyond a reasonable doubt. Mere proximity to a firearm is not enough.
Examples may include:
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A firearm belonging to another occupant of a vehicle;
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A firearm discovered in a shared residence;
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A firearm located in a common area accessible to multiple individuals; or
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A firearm found in a borrowed vehicle.
Lack of Knowledge
The State must generally prove that the defendant knew the firearm was present.
If the defendant was unaware a firearm existed, constructive possession may be impossible to establish.
Illegal Search and Seizure
Many firearm cases arise from:
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Traffic stops;
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Vehicle searches;
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Residential searches;
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Consent searches; or
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Searches conducted pursuant to warrants.
If law enforcement officers violated the Fourth Amendment, the firearm itself may be suppressed from evidence. In some cases, suppression of the firearm results in dismissal of the charge.
Challenging the Prior Felony Conviction
The prosecution must establish that the defendant falls within the category of individuals prohibited from possessing firearms.
In some cases, questions arise regarding:
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Out-of-state convictions;
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Federal convictions;
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Juvenile adjudications;
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Restoration of civil rights; or
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Expunged criminal records.
Failure to properly prove a qualifying prior conviction may create a viable defense.
Tampa Felon in Possession of a Firearm Attorney
A conviction for Possession of a Firearm by a Convicted Felon can expose you to years in prison and, in many cases, a mandatory minimum sentence. If you have been arrested or are under investigation for a firearm offense in Tampa or anywhere in Hillsborough County, it is important to begin building your defense immediately. Hunt Law provides aggressive and strategic representation designed to challenge unlawful searches, contest allegations of possession, and protect your freedom at every stage of the case. Contact Hunt Law today for a free case consultation with an experienced Tampa felon in possession of a firearm attorney.
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What Are The Elements Of Felon in Possession of a Firearm?
(Florida Standard Jury Instruction 10.15)
To prove the crime of (crime charged), the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) had been convicted of a felony.
Give 2a or 2b or both as applicable.
2. After the conviction, (defendant) knowingly
a. owned or had in [his] [her] care, custody, possession, or control [a firearm] [an electric weapon or device] [ammunition].
b. carried a concealed weapon.
Give if applicable. § 790.23(1)(a), (1)(c), or (1)(e), Fla. Stat.
The court instructs you that (name of felony) was a felony under [Florida state] [federal] [(insert the name of the state, territory, or country) law and was punishable by imprisonment for a term exceeding 1 year] on (insert relevant date).
For purposes of § 790.23(1)(a), Fla. Stat., a withhold of adjudication does not qualify as a “conviction.” State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005).
“Convicted” means that a judgment has been entered in a criminal proceeding by a court pronouncing the accused guilty.
Give as appropriate. § 790.001, Fla. Stat.
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 another crime. An antique firearm is (insert definition in § 790.001, Fla. Stat.]. [A destructive device is (insert definition in § 790.001, Fla. Stat.].
An “electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
“Ammunition” means an object consisting of all of the following:
a. A fixed metallic or nonmetallic hull or casing containing a primer.
b. One or more projectiles, one or more bullets, or shot.
c. Gunpowder.
Give only if defendant is charged with Convicted Felon Carrying a Concealed
Weapon. See § 790.001, Fla. Stat.
A “concealed weapon” means any dirk, metallic knuckles, billie, tear gas
gun, chemical weapon or device, or other deadly weapon carried on or about a
person in such manner as to conceal the weapon from the ordinary sight of
another person.
Give the following paragraph only if applicable.
A “deadly weapon” is any object that will likely cause death or great bodily
harm if used in the ordinary and usual manner contemplated by its design and
construction.
Give the following paragraph only if applicable.
An object not designed to inflict bodily harm may nonetheless be a
“deadly weapon” if it was intended [or threatened] to be used in a manner likely
to cause death or great bodily harm.
Give the following paragraph only if applicable.
“Great bodily harm” means great as distinguished from slight, trivial,
minor, or moderate harm, and as such does not include mere bruises.
The explanations of “on or about a person” and “ordinary sight of another person”
apply only when convicted felon carried a concealed weapon is alleged.
The term “on or about a person” means physically on the person or readily
accessible to [him] [her].
The term “ordinary sight of another person” means the casual and
ordinary observation of another in the normal associations of life. A weapon
need not be completely hidden for you to find that it was concealed. However, a
weapon is not concealed if, although not fully exposed, its status as a weapon is
detectable by ordinary observation.
Give only if element 2a alleged.
“Care” and “custody” mean immediate charge and control exercised by a
person over the named object. The terms care, custody, and control may be used
interchangeably.
Possession. Give only if element 2a alleged.
To prove (defendant) “possessed” [a firearm] [an electric weapon or device]
[ammunition], the State must prove beyond a reasonable doubt that [he] [she] a)
knew of the existence of the [firearm] [electric weapon or device] [ammunition]
and b) intentionally exercised control over it.
Give if applicable and only if element 2a alleged.
Control can be exercised over [a firearm] [an electric weapon or device]
[ammunition] whether it is carried on a person, near a person, or in a completely
separate location. Mere proximity to [a firearm] [an electric weapon or device]
[ammunition] does not establish that the person intentionally exercised control
over it in the absence of additional evidence. Control can be established by proof
that (defendant) had direct personal power to control the [firearm] [electric
weapon or device] [ammunition] or the present ability to direct its control by
another.
Joint possession. Give if applicable and only if element 2a alleged.
Possession of [a firearm] [an electric weapon or device] [ammunition] may
be sole or joint, that is, two or more persons may possess it.
Optional Definitions. Shaw v. State, 510 So. 2d 349 (Fla. 2d DCA 1987).
“Knowingly” means with actual knowledge and understanding of the facts
or the truth.
“Knowingly” means an act done voluntarily and intentionally and not
because of mistake or accident or other innocent reason.
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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Tampa, FL 33602
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Hunt Law 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.
Important Hillsborough County Criminal Justice Locations
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.
Trusted Throughout Hillsborough County
Hunt Law 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'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.