As a Florida citizen, it is important to know your legal rights. If you have been arrested and charged with a crime, you should know its type and category. This will give you an idea of the seriousness of the charge and the possible penalties you may face.
A misdemeanor is a less serious crime than a felony. It is punishable by up to a year in the county jail. If you are convicted of a first-degree misdemeanor, you may have to pay up to $1,000 in fines in addition to the year in jail. A second-degree misdemeanor conviction carries penalties of up to 60-days in the county jail and $500 in fines.
There is a statute of limitations for misdemeanors. The state must initiate a criminal prosecution within 2 years after the alleged crime was committed.
Why You Need a Lawyer
If you have been arrested and charged with a misdemeanor that you did not commit, then you should retain the services of a lawyer. Police and prosecutors may try to pressure you into confessing to the crime. They may tell you that it is better to cooperate with their investigation than risk a conviction and the penalties that come with it.
However, you must remember that you are innocent until proven guilty. You should say nothing to the people who interview you. It is essential that you exercise your Fifth Amendment right not to incriminate yourself.
Once your lawyer arrives, they will counsel you on the questions you have to answer. If you are not up to speaking to the authorities, your lawyer will speak on your behalf. The first thing your lawyer will do is review the evidence that the authorities have against you. Law enforcement often exaggerates the amount of evidence they have against suspects. If your lawyer discovers that the police have nothing that connects you to the crime for which you have been arrested, they will arrange for your release. If there is evidence that links you to a crime, you may have to go to trial.
Building Your Defense
Although misdemeanors are minor crimes, they are litigated in court. You need not plead guilty to a crime you did not commit. There is no reason for you to submit to the pressure that police and prosecutors will try to put on you. If you want to fight for your freedom and reputation, William Hanlon criminal defense attorney in St Petersburg can help you.
Your lawyer will challenge the evidence and the arguments of the prosecution. It is the habit of the authorities to arrest, charge, and prosecute people based on their association with known criminals and criminal organizations. Indeed, your own arrest may have been the result of a police investigation into people that you know. You may have been in wrong place at the wrong time. You may have been swept up in a mass arrest and never given the benefit of the doubt.
You must remember that it is not up to you to prove your innocence; it is the prosecution that has the burden of proof. The authorities must prove beyond a reasonable doubt that you are guilty of the crime for which they have charged you. If you are innocent of this crime, your lawyer will show the lack of evidence linking you to the crime; they will also challenge the credibility of witness statements and demonstrate the gaps and logical fallacies in the prosecution’s arguments.
Getting the Best Outcome
Everyone makes mistakes. If you are guilty of a misdemeanor crime, you deserve a second chance. Your lawyer can work with prosecutors to minimize the time you spend in jail and the fines that you will have to pay.
