Lakeland, FL Misdemeanor Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged misdemeanor crimes. Contact Misdemeanor Criminal Defense Attorney Ricardo Alvarez Today!

Call 863.709.0808 about your Misdemeanor Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are two Degrees of Misdemeanor Crimes.

• Misdemeanor of the Second Degree: punishable by up to a $500 fine, sixty (60) days jail and/or 6 months probation.
• Misdemeanor of the First Degree: punishable by up to a $1000 fine, twelve (12) months jail and/or probation.

Many people that are charged with a misdemeanor crime make the mistake of not taking the situation as serious as they should. Not only can a misdemeanor conviction include jail time, but fines, probation, but will also show up in any background checks, making it difficult to apply for college, employment or organizations you desire to be associated with, may cause issues in new housing situations, may include significant hours of community service, mandatory classes paid by the convicted party..., just to name a few.

Misdemeanor criminal allegations should be defended with the same aggressive approach as a felony criminal charge... and by using every legal resource available under the law to have the charges dismissed, reduced, have probation instead of jail time, and/or aggressively fought at trial when needed.

Just because you are arrested and charged with a misdemeanor criminal offense, this does not mean a conviction is a foregone conclusion. As your misdemeanor criminal defense attorney, Roberto Alvarez will ensure the prosecution is held to their burden of proof and aggressively represent your rights and freedoms in an effort to prove your innocence.

The burden of proof is the prosecution's duty, not the defense attorney's. The prosecution must present THEIR theory of the alleged crime, and in doing so, prove beyond a reasonable doubt that the accused is guilty of the crime (or crimes) in question. If the prosecution is unable to prove beyond a reasonable doubt that the evidence supports THEIR theory of the crime, then a conviction may not be the resulting verdict.

There may be specifics of the case that may lead to a dismissal or reduction in the charges that have been filed against the accused before a misdemeanor case even gets to trial. Every piece of evidence and witness statement must be examined, the actions of law enforcement prior to, during, and after one's arrest must be scrutinized to see if the accused civil rights were violated. With regards to misdemeanor criminal defense, nothing is considered to small to question. Sometimes, even the smallest of details can be critical to your case, and your freedoms.

If you have been charged with a misdemeanor crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Misdemeanor Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›

Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense

CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›

What are the potential penalties for a misdemeanor conviction in Florida?

In Florida, the potential penalties for a misdemeanor conviction can vary depending on the specific class of misdemeanor. Florida classifies misdemeanors into two categories: first-degree and second-degree misdemeanors. A first-degree misdemeanor can result in penalties of up to one year in county jail and fines of up to $1,000. Common first-degree misdemeanors include offenses like simple assault, battery, and certain types of theft. Second-degree misdemeanors carry penalties of up to 60 days in county jail and fines of up to $500. Examples of second-degree misdemeanors include disorderly conduct and some types of petty theft. It's important to note that these penalties can be enhanced if you have prior convictions, and the specific consequences can vary depending on the unique circumstances of your case.

Can I negotiate a plea deal or settlement in a misdemeanor case in Florida?

Yes, it is possible to negotiate a plea deal or settlement in a misdemeanor case in Florida. Prosecutors often consider plea bargains as a way to resolve cases efficiently and reduce the burden on the court system. A plea deal typically involves the defendant agreeing to plead guilty or no contest to a lesser charge or accepting a proposed sentence in exchange for a more lenient punishment. The terms of a plea deal can vary widely and may include reduced fines, probation instead of jail time, or participation in diversion programs. It's crucial to have legal representation when negotiating a plea deal, as an experienced criminal defense attorney can advocate on your behalf, assess the strengths and weaknesses of your case, and work towards securing the most favorable outcome possible given your circumstances. Ultimately, whether a plea deal is available and what terms it may involve can depend on the specific facts of your case and the discretion of the prosecuting attorney.

Are plea deals that lower a felony charge to a misdemeanor conviction advisable?

Plea deals that lower a felony charge to a misdemeanor conviction can be advisable in certain situations, but their suitability depends on the unique circumstances of each case. Such plea bargains can have several potential benefits, including avoiding the more severe consequences of a felony conviction, such as extended prison sentences and loss of certain civil rights. A misdemeanor conviction may also carry less social stigma than a felony, which can impact employment and housing opportunities. However, it's essential to weigh these advantages against the specific details of your case and the potential consequences of a misdemeanor conviction, as it can still result in fines, probation, and other penalties. Consulting with an experienced criminal defense attorney is crucial to assess the pros and cons of accepting a plea deal and to ensure that it aligns with your best interests and long-term goals while considering the specific facts of your case.

Will I automatically go to jail if I'm convicted of a misdemeanor in Florida?

Not everyone convicted of a misdemeanor in Florida will automatically go to jail. The specific penalties for a misdemeanor conviction depend on several factors, including the type and severity of the misdemeanor, prior criminal history, and the circumstances surrounding the case. While jail time is a possible penalty for many misdemeanors, judges often consider alternatives to incarceration, especially for first-time offenders or less serious misdemeanors. These alternatives may include probation, community service, fines, restitution, or participation in diversion programs. Ultimately, whether you will go to jail or not depends on the discretion of the judge and the specifics of your case. It's essential to consult with a knowledgeable criminal defense attorney who can help you understand the potential outcomes and work to achieve the most favorable resolution for your situation.

Are there alternatives to incarceration for misdemeanor offenders in Florida?

Yes, there are several alternatives to incarceration for misdemeanor offenders in Florida. These alternatives aim to provide rehabilitation and address the underlying issues without the need for jail time. Common alternatives include probation, which may involve reporting to a probation officer, complying with specific conditions (such as drug testing or counseling), and completing community service. Diversion programs are also available for first-time or non-violent offenders, focusing on rehabilitation rather than punishment. Additionally, some misdemeanor offenders may be eligible for pretrial intervention programs, which can result in case dismissal upon successful completion. These alternatives emphasize addressing the root causes of the misdemeanor offense and can offer individuals a chance to avoid incarceration while working toward rehabilitation and a fresh start. The availability of these alternatives can vary depending on the jurisdiction and the specific facts of the case, so consulting with a skilled criminal defense attorney is crucial to explore and pursue the most suitable options.

What should I look for when choosing a Lakeland Misdemeanor Defense Attorney to represent me for my misdemeanor defense case in Florida?

When choosing a Lakeland Misdemeanor Defense Attorney in Florida, several crucial factors should guide your decision. First and foremost, look for an attorney with experience in handling misdemeanor cases specifically, as they will have a deep understanding of the nuances of misdemeanor law and the local legal landscape. Ensure that the attorney has a strong track record of successful outcomes in similar cases and possesses excellent negotiation and trial skills. Communication is key, so opt for an attorney who is responsive, listens to your concerns, and keeps you informed throughout the legal process. Seek an attorney who demonstrates dedication and a commitment to advocating for your rights. Finally, consider their fee structure and make sure it aligns with your budget and expectations. By selecting an attorney with these qualities, you can improve your chances of securing the best possible outcome for your misdemeanor defense case in Lakeland, Florida.

Would it be wise for me to defend myself against misdemeanor charges in Florida?

Defending yourself against misdemeanor charges in Florida, often referred to as "pro se" representation, is generally not advisable for most individuals. Misdemeanor cases can have serious consequences, including fines, probation, a criminal record, and even jail time. Navigating the legal process, understanding the applicable laws, and presenting a strong defense can be complex and challenging without legal training and experience. Skilled criminal defense attorneys have the knowledge, expertise, and resources to assess your case, identify potential defenses, negotiate with prosecutors, and advocate for your rights in court. Attempting to represent yourself can lead to unintended mistakes, missed opportunities, and unfavorable outcomes. Legal representation increases your chances of achieving a more favorable result, whether that's reduced charges, a dismissal, or a successful defense at trial, making it a wiser choice for those facing misdemeanor charges in Florida.

What types of crimes are considered misdemeanor crimes in the State of Florida?

Misdemeanor crimes in the State of Florida encompass a wide range of offenses. Some common examples of misdemeanor crimes in Florida include:

• Simple Assault and Battery: These involve non-aggravated physical altercations or threats of violence.
• Disorderly Conduct: Behaviors that disturb the peace or create public disturbances.
• Petit (Petty) Theft: Stealing property valued below a certain threshold (e.g., shoplifting).
• Trespassing: Unauthorized entry or remaining on another person's property.
• Possession of Small Amounts of Marijuana: Possessing a small amount of marijuana for personal use is typically a misdemeanor.
• DUI (Driving Under the Influence): First-time DUI offenses are generally considered misdemeanors.
• Criminal Mischief: Damaging or vandalizing property without causing significant harm.
• Resisting Arrest Without Violence: Obstructing or resisting law enforcement without using violence.
• Disorderly Intoxication: Causing a disturbance while under the influence of alcohol or drugs.
• Reckless Driving: Operating a vehicle in a reckless or careless manner.

It's important to note that there are two classes of misdemeanors in Florida: first-degree misdemeanors, which are more serious, and second-degree misdemeanors. Penalties for misdemeanor convictions can include fines, probation, community service, and, in some cases, jail time, although the maximum jail time for a misdemeanor is generally one year. The specific charges and penalties may vary based on the circumstances of the case and prior criminal history.

Can I have a misdemeanor conviction expunged or sealed in Florida?

Yes, it is possible to have a misdemeanor conviction expunged or sealed in Florida, but the eligibility criteria and process can vary depending on the specific misdemeanor and individual circumstances. Generally, certain first-time misdemeanor offenders may be eligible for expungement or sealing after a waiting period following the completion of their sentence, including probation or fines. However, some misdemeanor convictions, such as those involving violence or certain sex offenses, may not be eligible for expungement or sealing. It's crucial to consult with an experienced criminal defense attorney who can assess your eligibility and guide you through the legal process. Expungement or sealing can offer significant benefits, such as improving employment prospects and reducing the public accessibility of your criminal record, making it an option worth exploring for many misdemeanor offenders in Florida.

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808

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