A criminal charge does not mean a criminal conviction. What happens between the arrest and the final disposition of your case depends heavily on what you do next, and who is in your corner when it matters.
We have represented people facing criminal charges in Daytona Beach and across Volusia County for more than 40 years. Our criminal defense attorneys know the local courts, the prosecutors, and the processes that determine how a case moves forward. Free consultations are available.
Call (386) 763-2092.
What Criminal Cases Does Bogin, Munns & Munns Handle in Daytona Beach?
Our criminal defense team in Daytona Beach represents clients facing a wide range of charges, from first-time misdemeanors to serious felony accusations. No case is too minor to warrant a defense, and no charge is so serious that a defense is impossible.
We handle criminal cases involving:
- DUI and driving under the influence charges
- Drug offenses, including possession, sale, and trafficking
- Theft, robbery, and property crimes
- Assault and battery charges
- Domestic violence allegations
- Weapons charges
- Juvenile criminal offenses
- Probation violations
- White collar crimes and fraud
- Trespassing and disorderly conduct
If you are facing a charge not listed here, contact us. Our team handles the full range of criminal matters heard in Volusia County courts.
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What Is the Difference Between a Misdemeanor and a Felony in Florida?
In Florida, criminal offenses are classified as either misdemeanors or felonies under Florida Statute Section 775.081. The classification determines the potential penalties you face and which court handles your case.
What Are the Misdemeanor Classifications in Florida?
Florida has two degrees of misdemeanor. A first-degree misdemeanor carries a maximum penalty of up to one year in county jail and a $1,000 fine. Common examples include simple battery, petty theft, and first-offense DUI in some circumstances. A second-degree misdemeanor carries up to 60 days in county jail and a $500 fine. Examples include disorderly conduct and certain trespassing offenses.
What Are the Felony Classifications in Florida?
Florida recognizes five degrees of felony, ranging from third-degree felonies, which carry up to five years in state prison, to capital felonies, which can result in life imprisonment or the death penalty. Second-degree felonies carry up to 15 years, and first-degree felonies carry up to 30 years in state prison.
Even a third-degree felony conviction can permanently alter your ability to find employment, maintain professional licenses, own a firearm, or vote. Understanding what classification applies to your charges is the starting point for understanding your defense options.
Call (386) 763-2092 to speak with a Daytona Beach criminal defense attorney.
What Happens After a Criminal Arrest in Volusia County?
After a criminal arrest in Volusia County, you will be booked, held, and brought before a judge within 24 hours for a first appearance hearing where bail is set and charges are reviewed. Understanding what follows helps you make better decisions at every step.
What Is the Booking and First Appearance Process?
After an arrest in Volusia County, you will be booked at the Volusia County Branch Jail or the main facility. Florida law requires that you appear before a judge within 24 hours of your arrest for a first appearance hearing. At this hearing, the judge reviews the probable cause for your arrest, informs you of the charges, and sets bail or conditions of release.
This is one of the first critical moments in your case. Having an attorney informed about your first appearance can affect the bail determination and the conditions under which you are released.
What Comes After the First Appearance?
If the state files formal charges, the case proceeds to arraignment, where you enter a plea. Between arrest and trial, there are multiple opportunities for an attorney to negotiate a reduction or dismissal of charges, challenge evidence through pretrial motions, explore diversion program eligibility, or build a defense for trial. Most criminal cases in Florida are resolved before they reach a jury.
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Do You Qualify for Pretrial Diversion in Volusia County?
Pretrial diversion is a program that allows eligible defendants to avoid a criminal conviction by completing a set of court-approved requirements, which may include community service, counseling, or substance abuse treatment. Successful completion results in dismissal of the charges.
Florida’s pretrial diversion programs are not available for all offenses or all defendants. Eligibility typically depends on the nature of the charge, whether the defendant has a prior criminal history, and the discretion of the State Attorney’s Office in the Seventh Judicial Circuit, which covers Volusia County.
An attorney evaluates your eligibility early in the process. Getting into a diversion program before charges are formally filed can produce the best outcome for your case.
What Are the Penalties for a DUI in Daytona Beach?
A DUI conviction in Florida carries consequences that extend well beyond the night of the arrest. Florida Statute Section 316.193 governs driving under the influence charges and sets out a penalty structure that escalates with each subsequent conviction and with certain aggravating factors.
What Are the Penalties for a First-Offense DUI in Florida?
A first-offense DUI in Florida carries fines between $500 and $1,000, up to six months in jail, and a license suspension of 180 days to one year. The court also typically requires installation of an ignition interlock device on the defendant’s vehicle and completion of a DUI substance abuse course. An ignition interlock device is a breathalyzer connected to the vehicle’s ignition that prevents the car from starting if alcohol is detected.
What Makes a DUI More Serious in Florida?
A DUI becomes a more serious offense when a minor was in the vehicle, when the driver’s blood alcohol content was 0.15 or higher instead of the standard 0.08 threshold, when the incident caused property damage or injury to another person, or when the defendant has prior DUI convictions. A DUI resulting in serious bodily injury is a third-degree felony. A DUI manslaughter charge is a second-degree felony.
An attorney reviews the specific facts of your arrest, examines whether the traffic stop was lawful, and evaluates the reliability of any breath or blood test results.
Call (386) 763-2092 if you have been charged with DUI in Daytona Beach.
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What Rights Do You Have If You Are Arrested in Daytona Beach?
You have the right to remain silent. This is your most important right after an arrest, and one that many people give up by trying to explain themselves to law enforcement at the scene or during questioning.
You have the right to an attorney. If you cannot afford one, the court will appoint one. The sooner you retain experienced private counsel, however, the more options remain available to you.
You have the right to refuse consent to a search. If law enforcement searches your vehicle, home, or belongings without your consent and without a valid warrant or recognized legal exception, that evidence may be challenged and excluded from your case.
What you say and do in the moments after an arrest can significantly affect the outcome of your case. An attorney advises you on how to protect your rights from the very beginning.
Why Clients in Daytona Beach Choose Bogin, Munns & Munns
We have served clients in Volusia County and across Central Florida since 1979. Our Daytona Beach office is staffed with criminal defense attorneys who know the Seventh Judicial Circuit, the local court procedures, and the prosecutors who will handle your case.
With more than 40 attorneys across our Florida offices, we have the depth to handle complex criminal matters while maintaining the personal attention every client’s case requires. We offer free consultations and honest assessments of where your case stands.
Our Daytona Beach office is located at 1616 Concierge Blvd #200, Daytona Beach, FL 32117.
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Talk to a Daytona Beach Criminal Defense Lawyer at Bogin, Munns & Munns
A criminal charge is serious. How you respond from this moment forward matters. We offer free consultations with no obligation. We review your situation, explain your options, and tell you honestly what the path forward looks like.
Call (386) 763-2092 or contact us online.
1616 Concierge Blvd #200, Daytona Beach, FL 32117 | (386) 763-2092
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