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  • For a serious felony case in Florida, hiring an attorney is absolutely critical. Unlike misdemeanors or minor offenses, felony cases carry life-altering consequences — including prison time, loss of civil rights, and permanent damage to your future.

    Florida classifies felonies (ex: First-degree; Second-degree; and Third-degree.). The severity of a felony crime is determined by the punishment allowed for the crime under the law. Serious Felony crimes are typically first and second degrees.

    A first-degree felony carries a maximum sentence of 30 years in prison and a fine of up to $10,000. First-degree felonies also include options for probation in addition to or instead of incarceration, with the possibility of a term up to 30 years.

    A second-degree felony carries a maximum penalty of 15 years in prison, a $10,000 fine, and 15 years of probation. There isn't a mandatory minimum sentence for all second-degree felonies, but some carry a minimum mandatory prison term. For example, certain violent felonies may have a minimum mandatory sentence of 15 years.

    Some examples of serious felony crimes in Florida include:

    • Burglary with assault or battery

    • Robbery with a weapon

    • Sex crimes

    • Kidnapping

    • Assault with a Deadly Weapon

    • Drug Trafficking

    • Arson

    • Manslaughter

    • Aggravated Battery

    • Felon in possession

    Why lootilaw?

    a. Trial experience: Felony trials can be highly technical, with expert testimony, cross-examinations, and jury strategy. A skilled defense lawyer knows how to challenge unreliable witnesses, undermine weak forensic evidence, and persuade a jury when your freedom is on the line.

    Felonies carry harsh penalties including prison sentences ranging from several years to life, massive fines and restitution, loss of civil rights (right to vote, own firearms, and hold certain jobs), and permanent record that cannot be sealed or expunged. Felonies generally cannot be sealed or expunged, following you for life.

    An attorney’s goal is to reduce or eliminate these penalties through strategic defense.

    b. Knowledge of the legal system: Police and prosecutors must follow strict rules on searches, seizures, confessions, and evidence gathering. An attorney can spot violations (illegal searches, coerced statements, mishandled evidence) and file motions to suppress. Without this, illegally obtained evidence could still be used against you.

    c. Build a Strong Defense Strategy: Otherwise known as theory of defense - serious felonies often involve forensic evidence, expert witnesses, and complex fact patterns. Attorneys have access to investigators, forensic experts, and resources to challenge the State’s case. A strong defense can mean acquittal, dismissal, or reduced charge

    d. Negotiating with Prosecutors: Prosecutors in felony cases are often aggressive and seek long sentences. An experienced defense attorney can negotiate for reduced charges, reduced incarceration time, argue for probation, diversion programs, or alternatives to prison. With experience an attorney will be able to exploit the weaknesses in any case and can use it to work towards plea deals that avoid the harshest outcomes.

    e. Knowledge of complex legal procedures: Felony cases involve grand juries, pretrial motions, discovery, and sometimes extensive trials. Strict procedural rules apply — and mistakes can cost you your defense. An experienced attorney ensures filings, motions, and objections are properly handled

    A serious felony case isn’t just about one court date — it’s about your freedom, rights, and future. An experienced felony defense attorney can mean the difference between decades in prison and a second chance at life.

  • In Florida, a third-degree felony carries a maximum penalty of five years in prison, a $5,000 fine, and up to five years of probation. Unlike some felonies, there is no minimum sentence for a third-degree felony. 

    Some examples of third-degree felony crimes in Florida include:

    • Aggravated stalking

    • Felony battery

    • Burglary

    • DUI

    • Possession of a controlled substance

    • Driving with a suspended license (habitual)

    • Drug possession

    • Exploitation of an elderly person

    • Grand Theft

    • Resisting arrest with violence

    • Battery on a 65+

  • Misdemeanors are more than just minor offenses – they carry the potential to alter your life’s trajectory. A single blemish on your criminal record can hinder your job prospects, tarnish your reputation, and affect your personal relationships.

    Florida classify misdemeanors (ex: First-degree, Second-Degree, etc.). The severity of a misdemeanor is determined by the punishment allowed for the crime under the law. a second-degree misdemeanor is a less serious type of misdemeanor offense, punishable by up to 60 days in jail and/or a fine of up to $500. First-degree misdemeanors are more severe and carry a penalty of up to one year in jail and/or a fine of up to $1,000. 

    Some examples of misdemeanor crimes in Florida include:

    • Petty theft

    • Disorderly conduct

    • Simple assault

    • Trespassing

    • Vandalism

    • Shoplifting

    • Public intoxication

    • Domestic Battery

    • Reckless driving

    • Drug paraphernalia possession

    • Indecent Exposure

    • DUI

    Repeat misdemeanor offenses can be enhanced to a felony

  • In Florida, DUI (Driving Under the Influence) is treated very seriously, and penalties can escalate quickly depending on the facts of the case.

    A first offense can carry jail, fines, and long-term license consequences. Repeat or aggravated DUIs can become felonies with prison time

    Definition of DUI in Florida

    Under Florida Statute § 316.193, a person commits DUI if they are:

    Driving or in actual physical control of a vehicle, and either impaired by alcohol, a chemical substance, or a controlled substance, or have a blood-alcohol level (BAC) of 0.08% or higher.

    Penalties for DUI in Florida

    Penalties depend on whether it’s a first offense or a repeat offense, as well as aggravating factors.

    First DUI (Misdemeanor)

    Fine: $500 – $1,000

    Jail: Up to 6 months (9 months if BAC ≥ .15 or a minor in the car)

    License Suspension: 6 months – 1 year

    Probation: Up to 1 year

    DUI School + possible counseling

    Vehicle impoundment: 10 days

    Mandatory 50 hours community service

    Second DUI (within 5 years)

    Fine: $1,000 – $2,000 (higher if BAC ≥ .15 or minor present)

    Jail: Up to 9 months (up to 12 months with BAC ≥ .15)

    Mandatory 10 days in jail (if within 5 years of first DUI)

    License Revocation: 5 years minimum (hardship license possible after 1 year)

    Vehicle impoundment: 30 days

    Ignition Interlock Device: 2 years

    Third DUI

    If within 10 years of prior: Felony (3rd-degree) → up to 5 years in prison.

    If outside 10 years: Misdemeanor, but still heavy fines and long license revocation.

    Fourth DUI (anytime)

    Felony → up to 5 years in prison

    Permanent driver’s license revocation (no hardship license allowed)

    Aggravating Factors

    Penalties are harsher if:

    BAC is 0.15 or higher

    A minor was in the car

    The DUI caused property damage, injury, or death

    DUI with serious bodily injury = felony

    DUI manslaughter = second-degree felony (up to 15 years prison)

    Administrative Penalties

    Refusing to take a breath, blood, or urine test results in automatic license suspension (1 year for first refusal, 18 months + misdemeanor for second refusal).

    You have 10 days after arrest to request a hearing with the DHSMV (Department of Highway Safety and Motor Vehicles) to challenge license suspension.

    Why lootilaw?

    a. Trial experience: If your case goes to trial, an experienced DUI lawyer knows how to:

    Cross-examine officers about field sobriety tests

    Challenge BAC results and machine reliability

    Present expert testimony (toxicologists, accident reconstructionists, etc.)

    b. Knowledge of the law: A lawyer can challenge whether the stop was legal, whether probable cause existed, or whether testing equipment was properly calibrated.

    c. Help protect your rights: Police must follow strict procedures for traffic stops, field sobriety tests, and breath/blood tests. These constitutional issues may go unnoticed — even though they could get evidence thrown out.

    d. Minimize penalties: Even a first DUI carries jail time, fines, probation, DUI school, vehicle impoundment, and community service. An attorney can often negotiate reduced charges (sometimes down to reckless driving), lighter sentencing, alternatives to jail (treatment programs, and community service, diversion).

    Long-Term Consequences

    A DUI conviction stays on your criminal record for life in Florida (it cannot be sealed or expunged). It also raises insurance rates and can affect employment, professional licensing, and even travel to other countries (like Canada). A skilled attorney may prevent a conviction entirely — which can save you from lifelong consequences.

    Call lootilaw today to discuss your case - free consultation.

  • A bond determines conditions for pretrial release.

    Under Fl. Stat. §903.045, there are several options for bail bonds. The purpose of a bond is to ensure that defendants return for their scheduled court appearances. A bond can also include conditions for the safety of others.

    The criminal justice process can be complex, and to effectively navigate the system, it is important to understand the different types of bail bonds (surety, cash, property, and personal recognizance or ROR).

    A surety bond involves a third-party bail agent, while a cash or property bond involves the defendant or their family directly providing the full amount of bail or collateral. Release on recognizance (ROR) releases a defendant based on their promise to appear in court without any financial deposit.

    When issuing or modifying bail bond options, judges consider financial capability, property ownership, criminal charges, flight risk assessment, and safety of the community or individuals.

    A knowledgeable attorney for a bond motion is crucial for several reasons, including expertise, experience, presentation, knowing the judge beforehand, and humanizing the defendant.

    Why do you need Lootilaw for your bond motion?

    A knowledgeable attorney for bond motion issues is crucial for several reasons.

    a. With expertise and knowledge of the law, an attorney can effectively argue on your behalf and ensure your rights are protected.

    b. Experience with numerous bond motion cases. Every case is different, and with experience, an attorney can develop effective ways to approach a specific case.

    c. Professionalism to ensure your rights are protected

    What if there is no bond?

    Normally, people accused of crimes in Florida have a constitutional right to bail. However there are instances when a person is not entitled to a bond. Several such instances include when a defendant has violated pre-trial release, a violation of probation (“VOP), and for certain offenses.

    VOP and Pretrial release violation

    In Florida, there is no automatic right to bond when arrested on a warrant for a VOP. Which means the defendant will be held in jail until the case is resolved by a plea bargain or until a final VOP hearing to determine the merits of the VOP.

    While awaiting a VOP hearing, an attorney can still file a bond motion for release and ask the judge to exercise discretion.

    The Judge typically weights the strength of the allegation, underlying offense, prior violations, type of violation (technical vs. new law violation), flight risk assessment, and danger to community in deciding whether to exercise discretion.

    For pretrial release violations, Judges can use their discretion in granting bond. A skilled and experienced attorney can help present a credible case to show that a defendant did not willfully violate their pretrial release condition

    Crimes with no bond

    For capital offenses (punishable by death) or life felonies, bail is not automatically guaranteed.

    Instead, the defense can request an Arthur hearing (named after State v. Arthur, 390 So. 2d 717 (Fla. 1980)).

    At an Arthur Hearing, the burden is on the State: The prosecutor must first show the proof of guilt is evident or the presumption is great — a very high standard, almost like proving the case at trial.

    If the State meets this burden, the defendant is presumed not entitled to bond.

    However, the Judge still has Discretion:

    If the State meets its burden, the judge still has discretion to set bond if the defense shows the defendant is not a flight risk and not a danger to the community.

    Defense Evidence: Defense can present witnesses, documents, employment records, family/community ties, lack of prior record, medical needs, etc., to argue for release.