FAQs
Do I need a criminal defense lawyer if I’m arrested in Florida?
Having a criminal defense lawyer isn’t legally required—but it’s almost always in your best interest because they are trained to make sure your rights are protected.
Cops and prosecutors are trained to build a case against you. A lawyer makes sure your constitutional rights (like against unlawful searches or self-incrimination) are not violated.
A private counsel typically has a smaller caseload, and you get to choose your own lawyer. A defendant can retain private counsel earlier in the process, which sometimes can lead to charges not being filed.
The private counsel you retain can also be important. Typically, lawyers with a background in public defense or state attorney work are highly experienced in criminal law. They’re in court daily and have experience with trials, pretrial motions, negotiations, and have an in-depth understanding of criminal procedures.
What are my rights if I’m stopped by the police?
The most important right (IMO) is the right to remain silent. If you are driving, you do not have to answer anything beyond providing the required documents.
You have the right to leave if you are not being detained or arrested. Ask if you are free to leave, and if the officer says no, you are being detained.
It is very important to stay calm during interactions with the cops even when you believe your rights are being violated. A sudden movement or aggressiveness can be interpreted differently, which may give rise to a frisk or more.
You have a right to a lawyer. The moment you invoke your right to a lawyer, all questions must cease.
Can I get my criminal record sealed or expunged in Florida?
Yes, but you must be eligible. It depends on the type of case and your history.
A sealed record is hidden from the public, but the government may still see it.
An expunged record is physically destroyed.
You may qualify if you’ve never been convicted (adjudicated guilty) of a crime—meaning your case was dismissed, not filed, or you received a withhold of adjudication on an eligible offense. You may not qualify if you have a prior record that was sealed or expunged in Florida or have an open case.
Website for more information: https://www.fdle.state.fl.us/seal-and-expunge-process
How much does a criminal defense lawyer cost?
Every defendant has a constitutional right to an attorney—if you cannot afford one, the state will provide you one for a very minimal expense. Private criminal attorney costs vary based on the type of offense, criminal history, and whether a case goes to trial. Some attorneys charge by the hour, but at Lootilaw, we have a flat fee. We believe everyone deserves a solid defense against the power of the government. We also believe in working with our clients, which includes a consideration of their financial capability. We accept cash, debit, or credit payments. We also offer payment plans designed to ensure that your case receives the utmost attention.