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Criminal Defense FAQ Tireless Defense in Complex Criminal Matters

Frequently Asked Questions

Answered By Our Orlando Attorneys

If you have any questions about criminal defense law, your specific situation, or how we can help you, contact us today. Our criminal defense attorneys in Orlando are highly skilled and experienced in this practice area. Our lead attorney was a prosecutor prior to founding Alers Law Firm, providing her with unique legal insight most other attorneys are unable to offer. Our knowledgeable legal team will work to address your concerns and answer your questions.

On this page, we have provided answers to several of our most frequently received questions. If you do not see your question here or if you have further questions about our answer, feel free to call us at (407) 988-0992 and ask one of our skilled legal professionals. We look forward to speaking with you and helping you with all your legal needs.

Call Alers Law Firm today at (407) 988-0992 or contact us online to schedule a consultation with our Orlando criminal defense attorneys.

I Have Been Charged with a Crime. What Do I Do Next?

If you’ve been arrested for breaking the law, you should invoke your right to remain silent and call an attorney. It is highly recommended that you do not say anything to anyone - including the arresting officer or even loved ones – until you have an experienced attorney representing you. Otherwise, whatever you say could be used against you and weaken your case. Even if you are simply trying to explain your side of the story and prove your innocence, your statements could be misinterpreted and the police could try to elicit a confession, even if you are not guilty. Our skilled criminal defense lawyers in Orlando will be able to protect your rights, ensure you are not taken advantage of, and effectively guide you through the legal process.

I Was Pulled Over for Allegedly Driving Under the Influence. Can I Refuse a Chemical Test?

Florida’s “implied consent” law requires you to submit to a blood, breath, and/or urine test if you are arrested for driving under the influence (DUI). If your arresting offer has probable cause to believe that you have been DUI and you were arrested legally, they can perform a chemical test to determine your blood alcohol content (BAC) to see if you were, indeed, under the influence. They may ask you to submit to more than one test and you are not allowed to refuse any of these tests without suffering harsh penalties. If you refuse to take a chemical test for a first-time DUI offense, you will experience an automatic one-year license suspension on top of other possible penalties. Also, you should be aware that you do not even have to be actively driving the vehicle to be charged with DUI; you just have to be in physical control of it, such as sleeping in the driver’s seat while parked.

Do I Have to Let Law Enforcement Search My Home or Vehicle?

No; you never have to consent to a police search. In most cases, it is not beneficial to allow police to search your property. This is because whatever they find they will most likely try to use against you and weaken your case. Even if their search doesn’t find anything incriminating, they may simply assume that you hid whatever they were trying to discover. In order for them to legally search your property without your permission, law enforcement officers need to either have a search warrant or probable cause. If you believe that your home, vehicle, or property was illegally searched, our Orlando criminal defense attorneys can help.

What Type of Penalties Am I Facing?

This question is too general for us to answer without knowing your specific situation. You can call our criminal defense lawyers in Orlando at (407) 988-0992 for a consultation and to find out how we can help you. Depending on the nature and severity of your alleged crime, you will either be charged with a misdemeanor or felony offense. Misdemeanors are less serious than felonies but still carry long-lasting and far-reaching penalties. A misdemeanor such as a traffic violation may result in revoked driving privileges, thousands of dollars in fines, extended probation, mandatory education classes, and even jail time. A felony conviction could result in decades in prison, tens of thousands of dollars in fines, revoked driving privileges, and more. A conviction for either type of offense will show up on most background checks and could negatively affect your ability to apply for loans, find housing, or gain employment.

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