If you are arrested for any criminal defense in Tampa, it can be a daunting and confusing experience. The first steps you take after arrest and booking can impact your future in various ways, and it is vital to take full advantage of your constitutional rights in this situation. A Tampa criminal defense lawyer at the Amarosa Law Firm is the ideal asset to have on your side in this situation.
Experienced Criminal Defense Counsel in Tampa, FL
The attorneys at the Amarosa Law Firm have successfully defended many past clients in the Tampa area from all types of criminal charges. When you choose our firm to defend you, you can expect compassionate and responsive legal guidance through all stages of your case. We can answer your most pressing legal questions and provide an aggressive defense of your rights throughout the entirety of your case.
If you are unsure whether you need to hire a Tampa criminal defense lawyer, consider the various ways our firm can help you with your case:
- We can carefully review the details of your arrest and booking, ensuring the police followed due process and that your rights were not violated while in police custody.
- Trust our team to help you establish an alibi or otherwise disprove wrongful allegations that have been made against you. Unfortunately, many people are prosecuted for offenses they are not guilty of due to the false accusations of others.
- If you suffer any type of constitutional or civil rights violation, such as racial profiling, police brutality, or false arrest, trust our team to rectify these issues as quickly as possible and determine any avenues of legal recourse available to you.
- If you did break the law, trust us to ensure your rights are protected through all phases of your case. We will do everything we can to help you avoid conviction if possible or mitigate your sentence if necessary.
- If you have the opportunity to negotiate a plea deal with the prosecution, our team can advise you as to whether this would suit your interests. Trust us to negotiate a mitigated sentence if this is a viable option for resolving your case.
- We can coordinate expert witness testimony for you. Certain professionals may be able to provide valuable insights into the most complex aspects of your case, and in some criminal cases, expert witness testimony can be one of the most important assets for defendants.
- We have the experience necessary to ensure all of your courtroom sessions unfold appropriately and that no procedural violations are committed against you.
When you have been arrested for any criminal offense in Tampa, it is crucial to know what to do in this situation. Your actions during arrest and booking and while in police custody can have profound implications for your case, so it is vital to understand your rights and fully exercise them to have the greatest chance of reaching a positive outcome.
AMAROSA LAW FIRM P.A. Finding Solutions For Tough Cases.
Know Your Constitutional Rights After an Arrest
When a person is arrested in the United States, the Fifth and Sixth Amendments of the US Constitution come into effect. Under the Fifth Amendment, the arrested individual is allowed to maintain their silence. They do not have to speak against themselves, so it is not necessary for them to give answers to questions or make any statements to the arresting officers, regardless of what the officers tell you.
Under the Sixth Amendment, you have the right to an attorney after officers charge you with a criminal offense. After arrest and booking, an officer will allow you to make phone calls. You should notify your family about your situation but refrain from speaking about the case over the phone. You need to contact a Tampa criminal defense lawyer right away and continue exercising your right to remain silent until you can meet with your attorney.
The police will sometimes attempt to coerce a confession out of an arrested suspect, sometimes resorting to unethical or even illegal methods to do so. It is crucial to remember your right to remain silent, politely comply with all of the arresting officers’ instructions, and meet with a defense attorney as quickly as possible to start your defense on strong footing. Even if you know you are innocent, remain silent until you can meet with your lawyer.
Types of Criminal Cases We Handle in Tampa
When you are looking for a Tampa criminal defense lawyer to represent you, it is crucial to choose a lawyer who has proven experience handling cases like yours. At the Amarosa Law Firm, our defense team has shepherded a large number of successful cases, including:
Drug Offenses
These are some of the most commonly prosecuted crimes in Florida, and the penalties for drug-related offenses will vary based on several factors. Some of the most common types of drug crimes prosecuted in Tampa include:
- Simple possession.
- Possession with intent to sell.
- Drug manufacturing.
- Drug trafficking.
Florida law assigns penalties to drug-related offenses based on the type and quantity of drug. For example, simple possession of a Schedule I drug is likely to lead to harsher penalties than simple possession of a Schedule III drug. Additionally, the defendant’s criminal history can also impact the outcome of their case.
Police conduct arrests for drug crimes in various ways. For example, if they arrest a driver for intoxicated driving, they may notice drugs and/or drug paraphernalia inside of their vehicle. It is also possible for police to conduct undercover operations to expose drug trafficking networks, and some of these cases are built gradually over long periods of time.
Driving Under the Influence (DUI)
DUI is not only one of the most common criminal offenses prosecuted in Tampa but also a common cause of serious accidents. It’s possible for a defendant to not only face criminal prosecution for DUI but also civil liability for damages if they caused an accident resulting in injury or death.
Penalties for DUI in Florida can include jail time, fines, driver’s license suspension, and additional penalties like mandatory substance abuse counseling at the court’s discretion. These penalties increase with multiple convictions, so if a defendant has a prior DUI conviction, a second conviction is likely to lead to dramatically increased penalties.
It is important for any defendant who has committed a DUI to know that if they caused an accident, they are likely to face a civil suit from the victim. While the criminal case from the state will seek to punish the defendant for breaking the law, the victim’s civil suit will seek compensation for the victim’s damages. Your Tampa criminal defense lawyer can explain what you can expect if this applies to your situation.
Juvenile Criminal Defense
When a minor is charged with a crime in Tampa, they have the same right to legal counsel as an adult defendant. If you are a parent of a child who has been arrested, the team at the Amarosa Law Firm has extensive experience with juvenile criminal defense. Depending on the nature and severity of the offense, it is possible for a juvenile to be tried as an adult, or they may have room to seek leniency in sentencing.
When we provide juvenile criminal defense in Tampa, we aggressively pursue diversionary sentencing or noncriminal adjudication if possible. We believe that while juvenile defendants should face the consequences of their actions, a mistake made due to immaturity and poor decision-making should not negatively impact the rest of their lives with a criminal record.
Sex Crimes
Sex crimes carry some of the harshest penalties under the Florida Criminal Code, potentially impacting the defendant’s life in many ways for many years to come. Additionally, due to the nature of these offenses, the defendant may automatically face various personal and professional consequences in response to just an accusation, even if they are entirely innocent and have been falsely accused of a crime they did not commit.
Penalties for conviction of a sex crime in Florida can result in heavy fines, incarceration, and restitution to the victim. Additionally, the defendant will likely be required to register as a sex offender, potentially for life. This will dramatically limit their employment options and may also restrict the places they are allowed to live.
The penalties for sex crimes in Florida vary based on multiple factors, such as the defendant’s criminal history, whether their actions involved harm to a victim, and the age of the victim if so.
Violent Crimes
Some of the most serious criminal offenses prosecuted in Tampa are violent offenses, such as:
- Assault, assault and battery, and aggravated assault.
- Weapons offenses.
- Homicide, including manslaughter and murder, is prosecuted at various degrees.
- Domestic violence.
These offenses are often charged as felonies, especially when they result in great bodily harm or death, and aggravating factors can escalate a violent crime that is usually prosecuted as a misdemeanor to felony status. It is possible for a defendant convicted of a serious violent crime to face many years in state prison as well as heavy fines and other penalties that the sentencing judge assigns them.
Aggravating factors that can increase the penalties for a violent offense in Tampa include the use of a firearm or other deadly weapon, causing great injuries or death, or committing an act of violence during the course of committing another crime.
One of the most commonly employed defenses in violent crime cases is self-defense. Florida upholds a Stand Your Ground self-defense law. This means that if someone is presented with a clear threat of harm, they have no duty to retreat, and they have the right to use whatever level of force they believe to be necessary at the moment to protect themselves from the threat.
When it comes to domestic violence, these cases can involve any type of violence or abuse that occurs within a family or household. These offenses typically mirror other violent crimes listed in the Florida Criminal Code but carry harsher penalties, especially when they involve any type of harm to minor children. Anyone convicted of domestic violence may not only face harsh sentencing in criminal court but also lose custody or visitation rights along with other penalties.
How Your Tampa Criminal Defense Lawyer Can Help
The attorneys at the Amarosa Law Firm have helped many past clients overcome criminal charges. We always try to help clients avoid convictions whenever possible or to lessen their penalties if necessary. It’s important to know how criminal cases unfold and what your attorney can do to bolster your defense.
In all criminal cases, the defendants are presumed innocent until proven guilty beyond any reasonable doubt. This standard of proof requires the prosecution to present evidence and witness testimony that leaves no space for reasonable doubt as to whether or not the defendant committed an offense. This is a higher standard of proof than many people realize, and it is your defense team’s job to stop them from hitting that bar.
Your Tampa criminal defense lawyer can help with your case in several ways, and the manner in which they build your defense will depend on the details of your case. If you have been wrongfully charged with a crime you did not commit, your defense attorney may seek to establish an alibi, proving that you did not commit the offense and/or were the victim of mistaken identity.
It is also possible to defend against a criminal charge by attacking the prosecution’s evidence and calling the credibility of witnesses into question. Your Tampa criminal defense lawyer can determine whether the prosecution’s evidence was obtained lawfully, whether there were any due process violations during your arrest and/or booking, and ensure that the police had probable cause to conduct your arrest in the first place.
Understanding How the Plea-Bargaining Process Works
If you broke the law and have been arrested, you can still reach a better conclusion to your case than you might expect if you have the right criminal defense lawyer representing you. It is sometimes possible to negotiate a plea bargain with the prosecution. In the interest of conserving court resources, a prosecutor may offer the defendant a chance to plead guilty immediately and exchange that guilty plea for reduced penalties and/or a lighter sentence.
This is not an option in every case, and it is also possible for a prosecutor to offer a plea deal if they are not confident they can secure a conviction at trial. Your Tampa criminal defense lawyer can aid you in determining whether taking an offered plea deal would be in your best interests. Note that plea bargains may not be offered to defendants who have committed serious felonies, especially if their actions resulted in great bodily harm or death.
Building Your Defense Against Criminal Charges
The prosecution has the burden of proving guilt beyond any reasonable doubt in all criminal cases. Depending on the details of your specific case, you may have more options to prevent them from meeting this burden of proof than you initially realize. However, you will need a skilled Tampa criminal defense lawyer on your side to have the greatest chance of successfully defending against your charges and avoiding conviction.
Many defenses could come into play in your case. You may need to prove that you only committed the act in self-defense or that you were wrongfully arrested due to being in the wrong place at the wrong time, matching the description of someone else who committed a crime, or due to false allegations.
You may not know how to gather the evidence you will need to prove your innocence, and if you break the law, your situation may feel hopeless without an experienced Tampa criminal defense lawyer representing you. The most important thing you can do after an arrest to defend yourself is to hire an experienced Tampa criminal defense lawyer at the Amarosa Law Firm to represent you.
What to Expect From Your Tampa Criminal Defense Lawyer
As soon as you have been arrested for any criminal offense in Tampa, you must remember your constitutional rights and seek legal counsel you trust at your first opportunity. When you contact the team at the Amarosa Law Firm for defense representation, we can respond immediately and meet with you as quickly as possible to discuss your legal options.
Trust our team to ensure that due process has been followed with your arrest and booking and that your criminal case unfolds according to the laws of Florida. We are adept at identifying misconduct from police and prosecutors, and if you have experienced any violation of your rights, trust us to ensure such violations are addressed appropriately.
Our goal in all criminal cases is acquittal or case dismissal, if possible. We can aggressively defend your rights, looking for any and all weaknesses in the prosecution’s case. Trust us to build an alibi for you if you did not commit the offense, and we are fully prepared to negotiate a plea deal with the prosecution if this suits your interests.
The first steps you take after an arrest are crucial. Reach out to the Amarosa Law Firm immediately so we can help you build the strongest possible defense against the charges that have been filed against you.
FAQs
You should contact a Tampa criminal defense lawyer at your first opportunity. After arrest and booking, you will have the opportunity to make phone calls. Make sure you use this chance to contact a Tampa criminal defense lawyer and remain silent until you are able to meet with your attorney. It’s important that your defense attorney can respond as quickly as possible to your arrest.
If you are wrongfully arrested for a crime you know you did not commit, it is crucial that you hire a Tampa criminal defense lawyer as quickly as possible. Do not attempt to talk your way out of this situation, as anything you say can be misconstrued and used against you. Comply with instructions from arresting officers and wait for your opportunity to make your phone calls, then reach out to a Tampa criminal defense lawyer at the Amarosa Law Firm immediately.
It’s possible to avoid jail time in Tampa in several ways. In some cases, judges are willing to consider alternative penalties for first offenders, but this is not guaranteed in every case. In other cases, plea bargaining with the prosecution may be a viable option for reducing your penalties. Your Tampa criminal defense lawyer can explain the most viable options available to you for mitigating the penalties you face.
The time it could take to resolve a criminal case in Tampa depends on the specific details of the case. Some criminal cases may only take a few weeks to resolve, while more complex cases can require months of litigation. Your Tampa criminal defense lawyer can help you understand what you can expect in terms of your case’s most likely timeline.
The cost to hire a Tampa criminal defense lawyer depends on the lawyer’s billing policy and other factors. Most criminal defense attorneys charge clients an hourly rate, so the more time they spend working on a case, the more the client pays in legal fees. Make sure you fully understand a prospective attorney’s billing policy before you agree to their representation so you know what to expect.
The Amarosa Law Firm has the experience necessary to provide effective criminal defense counsel in the most challenging cases in Tampa. Our team has helped many past clients navigate their cases successfully and will do everything we can to guide you to a positive outcome for your case. If you are ready to learn how a Tampa criminal defense lawyer can help in your situation, contact us today to schedule a consultation with our team.