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    Bogin, Munns & Munns

    Gainesville Criminal Defense Lawyers

    Your legal issues need our expertise. With 40+ dynamic attorneys on staff, Bogin, Munns & Munns serves Central Florida’s legal needs and treats our clients like family.
    4411 NW 8th Ave, Suite B, Gainesville, FL 32605 352-389-3755 View all Google Reviews here
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    On This Page
    Reading time: 12 minutes
    1. What Criminal Cases Does Bogin, Munns & Munns Handle in Gainesville?
    2. What Happens to University of Florida Students Charged With a Crime in Gainesville?
    3. How Do Drug Charges Work in Alachua County?
    4. What Is the Eighth Judicial Circuit and How Does It Affect Your Case?
    5. Can You Seal or Expunge Your Criminal Record in Gainesville?
    6. What Is Stand Your Ground and How Does It Apply in Florida?
    7. What Happens at a Bond Hearing in Alachua County?
    male criminal handcuffed closeup from behind

    Gainesville is home to one of the largest universities in the country, three separate law enforcement agencies, and a State Attorney’s Office that prosecutes thousands of criminal cases each year. Whether you are a long-term resident, a student at the University of Florida, or someone passing through Alachua County, a criminal charge here moves through the Eighth Judicial Circuit on a timeline and under procedures that require specific knowledge to navigate effectively.

    Bogin, Munns & Munns represents individuals facing criminal charges in Gainesville and across Alachua County. Our criminal defense attorneys know the local courts, the prosecutors at the State Attorney’s Office, and the specific circumstances that shape how cases are handled here. Free consultations available.

    Call (352) 332-7688.

    What Criminal Cases Does Bogin, Munns & Munns Handle in Gainesville?

    Our Gainesville criminal defense team represents clients facing:

    • Drug possession, possession with intent to sell, and trafficking charges
    • DUI and driving under the influence offenses
    • Theft, burglary, and property crimes
    • Assault, battery, and domestic violence charges
    • Weapons offenses
    • Minor in possession and fake ID charges
    • Hazing charges under Florida law
    • White collar crimes, fraud, and forgery
    • Trespassing and disorderly conduct
    • Probation violations
    • Juvenile criminal offenses
    • Stand Your Ground immunity hearings

    If your charge is not listed here, contact us. Our team handles the full range of criminal matters heard in Alachua County courts.

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    (855) 780-9986

    What Happens to University of Florida Students Charged With a Crime in Gainesville?

    A criminal charge involving a UF student creates two separate proceedings that run on parallel tracks and can affect each other. Understanding both is essential from the moment of arrest.

    What Is the Difference Between a Criminal Case and a UF Student Conduct Proceeding?

    A criminal case is filed by the State Attorney’s Office in Alachua County court. The outcome determines whether the student faces fines, probation, or incarceration under Florida law. A student conduct proceeding is initiated separately by the University of Florida under its Student Conduct Code. The outcome can result in academic probation, suspension, or expulsion, entirely independent of what happens in criminal court.

    A student can be acquitted in criminal court and still face disciplinary action through UF’s conduct process, because the burden of proof and the rules of evidence are different. An attorney who understands both systems advises on how to manage the criminal defense in a way that does not inadvertently create problems in the conduct proceeding.

    What Criminal Charges Are Most Common for Gainesville Students?

    Minor in possession of alcohol under Florida Statute Section 562.111 is among the most frequently filed charges involving students in Gainesville. Misrepresentation of age using a false ID is a separate offense under Florida Statute Section 322.212. Hazing, when it rises to a criminal level, is governed by Florida Statute Section 1006.63, which classifies certain hazing conduct as a felony.

    Drug charges on or near campus are prosecuted with the same severity as anywhere else in Alachua County. Proximity to a school or university can trigger enhanced penalties for certain drug offenses. An attorney advises students on the specific charges they face, the likely prosecution approach, and the impact a conviction or arrest record could have on financial aid, graduate school applications, and professional licensing.

    Call (352) 332-7688 to speak with a Gainesville criminal defense attorney about a student case.

    How Do Drug Charges Work in Alachua County?

    Drug offenses in Florida are governed by Chapter 893 of the Florida Statutes, which classifies controlled substances and sets penalties based on the type of substance, the amount, and the alleged conduct.

    What Is the Difference Between Possession, Possession With Intent, and Trafficking?

    Simple possession means the person had a controlled substance for personal use. The charge is typically a third-degree felony for most substances, carrying up to five years in state prison, or a first-degree misdemeanor for small amounts of cannabis under Florida’s current law.

    Possession with intent to sell is charged when the circumstances suggest the person planned to distribute the substance, even if no sale actually occurred. Evidence used to support this charge includes the quantity of the substance, the presence of scales or packaging materials, and the amount of cash found with the person.

    Trafficking is charged based on weight thresholds set in Florida Statute Section 893.135, not on evidence of actual sales activity. A person found with more than 7 grams of oxycodone, 28 grams of cocaine, or 4 grams of heroin or fentanyl can face a trafficking charge and a mandatory minimum prison sentence, regardless of whether any sale took place.

    What Is Alachua County Drug Court and Who Qualifies?

    Alachua County operates a Drug Court program as an alternative to traditional prosecution for certain first-time or low-level drug offenders. Drug Court participants complete a structured treatment and supervision program in lieu of prosecution. Successful completion results in dismissal of the charges.

    Eligibility depends on the specific charge, the defendant’s prior criminal history, and the State Attorney’s discretion. Drug Court is generally available for non-violent offenders charged with possession-level offenses. An attorney evaluates eligibility early in the case and pursues Drug Court placement when it offers the best outcome.

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    What Is the Eighth Judicial Circuit and How Does It Affect Your Case?

    The Eighth Judicial Circuit handles criminal cases in Alachua, Baker, Bradford, Gilchrist, Levy, and Union counties. For most Gainesville defendants, criminal cases are heard in Alachua County.

    Misdemeanor cases are heard in the Alachua County Court. Felony cases are heard in the Alachua County Circuit Court. The State Attorney’s Office for the Eighth Circuit prosecutes all cases in this jurisdiction. The prosecutorial policies, diversion programs, and plea negotiation practices of the Eighth Circuit differ from other circuits across Florida.

    Knowing the judges, understanding the prosecutors’ typical approaches to specific charge types, and having experience in the Alachua County courtrooms makes a meaningful difference in how a defense is built and presented. An attorney who practices in this circuit regularly brings that local knowledge to every case.

    Can You Seal or Expunge Your Criminal Record in Gainesville?

    A criminal record in Florida can affect employment, professional licensing, housing applications, and graduate school admissions. Florida law provides two mechanisms for addressing a record: sealing and expungement.

    What Is the Difference Between Sealing and Expunging a Florida Record?

    Sealing a record removes it from public access but does not destroy it. Most employers, landlords, and members of the public cannot see a sealed record. However, certain government agencies, law enforcement entities, and licensing boards can still access sealed records for specific purposes.

    Expungement means the record is physically destroyed. The person can lawfully deny the arrest or charge in most circumstances after expungement. Expungement offers stronger protection than sealing, but eligibility requires that the charge was either not filed, was dismissed, or resulted in a withhold of adjudication rather than a conviction.

    Florida law allows only one expungement per lifetime under Florida Statute Section 943.0585. Not all offenses are eligible. For UF students and young professionals in Gainesville, the ability to expunge a first-time arrest can have long-term consequences for career and licensing prospects. An attorney evaluates eligibility and manages the petition process.

    How Does a Criminal Record Affect a Professional License in Florida?

    Healthcare workers, attorneys, nurses, engineers, and others licensed by the State of Florida may be required to report criminal charges or convictions to their licensing board. Depending on the offense and the profession, a criminal conviction can result in license suspension, probation, or revocation.

    Gainesville’s large university community produces a significant number of students pursuing licensed professions who face criminal charges during their academic careers. An attorney who understands both the criminal defense and the licensing implications advises on how to manage the case in a way that minimizes exposure on both fronts.

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    What Is Stand Your Ground and How Does It Apply in Florida?

    Florida’s Stand Your Ground law, codified in Florida Statute Section 776.013, allows a person to use force, including deadly force, in self-defense when they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. Florida law does not require a person to retreat before using defensive force when they are in a place they have a legal right to be.

    What Is a Stand Your Ground Immunity Hearing?

    Stand Your Ground provides not just a trial defense but a pretrial immunity from prosecution. A defendant who believes their conduct was legally justified can file a motion for immunity before trial. At the immunity hearing, the judge evaluates the evidence and determines whether the use of force was legally justified.

    If immunity is granted, the criminal charges are dismissed and the prosecution cannot proceed. If denied, the case proceeds to trial where Stand Your Ground remains available as a jury instruction defense. An attorney prepares the factual and legal record for the immunity hearing and presents the strongest possible case for dismissal before the case ever reaches a jury.

    What Happens at a Bond Hearing in Alachua County?

    When a person is arrested in Gainesville, they are brought before a judge for a first appearance, typically within 24 hours. At that hearing, the judge reviews probable cause and sets bail or conditions of release.

    In cases involving more serious charges or where the State seeks to hold a defendant without bail, the defendant may request an Arthur Hearing, a formal evidentiary hearing at which the defense can present evidence challenging pretrial detention. At an Arthur Hearing, the defense argues that the evidence against the defendant is not strong enough to justify holding them without bail, or that conditions of release short of detention are sufficient.

    When questions arise about a defendant’s mental competency to stand trial, the court may conduct a competency inquiry under Florida Rules of Criminal Procedure 3.210 and 3.211, which can lead to a court-ordered competency evaluation by a mental health professional. A separate procedural tool called a Nelson hearing addresses a defendant’s request to discharge their court-appointed counsel, a distinct matter from competency.

    Call (352) 332-7688 if you or a family member needs representation at a bond hearing in Alachua County.

    Submit a Consultation Request form today

    How Does a Domestic Violence Charge Work in Gainesville?

    Domestic violence charges in Alachua County are handled differently from most other criminal cases. Under Florida Statute Section 741.29, law enforcement is required to make an arrest when they have probable cause to believe domestic violence occurred. The decision to arrest is not left to the alleged victim. This is called a mandatory arrest policy.

    The State Attorney’s Office for the Eighth Circuit follows a no-drop prosecution approach in many domestic violence cases, meaning prosecutors may proceed with the case even if the alleged victim chooses not to cooperate or requests that charges be dropped. The State can proceed using other evidence, including 911 recordings, photographs, medical records, and officer observations.

    A domestic violence arrest also triggers the possibility of an injunction for protection, sometimes called a restraining order, which is a separate civil proceeding from the criminal case. An attorney addresses both the criminal charge and any related injunction petition simultaneously.

    Conviction for domestic violence in Florida results in mandatory completion of a Batterers’ Intervention Program and carries specific consequences for the right to possess firearms under federal law, regardless of the severity of the underlying offense.

    Why Gainesville Residents Choose Bogin, Munns & Munns for Criminal Defense

    Bogin, Munns & Munns has served Alachua County and North Central Florida since 1979. Matthew S. Boomershine, who handles criminal defense matters at our Gainesville office, practices regularly in the Eighth Judicial Circuit and knows the local court procedures and the prosecution tendencies of the State Attorney’s Office here.

    With more than 40 attorneys across our Florida offices, we have the depth to handle complex criminal cases, including those involving multiple charges, co-defendants, or parallel proceedings in criminal court and before professional licensing boards or university conduct offices.

    Free consultations available. Our Gainesville office is at 4411 NW 8th Avenue, Suite B, Gainesville, FL 32605.

    Talk to a Gainesville Criminal Defense Lawyer at Bogin, Munns & Munns

    A criminal charge in Alachua County has real consequences for your freedom, your record, and your future. The decisions you make in the first hours and days after an arrest matter more than most people realize.

    Bogin, Munns & Munns offers free consultations with no obligation. We review your situation, explain your options, and tell you honestly what the path forward looks like.

    Call (352) 332-7688 or contact us online.

    4411 NW 8th Avenue, Suite B, Gainesville, FL 32605 | (352) 332-7688

     

    Call or Submit Our Consultation Request Form Today

    Frequently Asked Questions
    • Misdemeanor cases in Alachua County often resolve within two to four months. Felony cases typically take six months to a year or more, depending on the complexity of the evidence and whether the case proceeds to trial. Cases involving suppression motions, expert witnesses, or multiple defendants take longer. An attorney gives you a realistic timeline once the charges and the available evidence have been reviewed.

    • A charge is an allegation. A conviction is a formal legal finding of guilt, either through a trial verdict or a guilty or no-contest plea accepted by the court. Being charged with a crime does not mean being convicted. Many cases are resolved through dismissal, diversion, or reduced charges that do not result in a conviction. The distinction matters because a conviction carries collateral consequences, including licensing implications and immigration effects, that a charge alone does not.

    • Possibly. Florida law allows expungement of certain arrests where charges were not filed, were dismissed, or resulted in a withhold of adjudication rather than a conviction. The process requires a Certificate of Eligibility from the Florida Department of Law Enforcement and a court petition. Only one expungement is available per lifetime under Florida law. An attorney evaluates whether your specific arrest record qualifies and manages the petition through the FDLE and the court.

    • A withhold of adjudication occurs when the judge accepts a guilty plea but does not formally enter a judgment of conviction. The defendant is not legally convicted, which preserves certain rights and may preserve eligibility for expungement in some cases. It is typically available for first-time offenders on eligible offenses. An attorney advises whether a withhold is available in your case and what it means for your record going forward.

    • A criminal arrest can trigger both criminal proceedings in Alachua County court and a separate student conduct proceeding through the University of Florida. The two processes are independent, which means an outcome in one does not automatically determine the outcome in the other. How you respond in the criminal case can affect what evidence is available in the conduct proceeding. 

      Speaking with an attorney before making any statements to law enforcement, university officials, or anyone else protects you in both proceedings simultaneously. Contact an attorney before your first appearance and before any meeting with UF’s Student Conduct office.

    • Several alternatives to a standard prosecution may be available for first-time, non-violent drug possession charges in Alachua County, including the Drug Court program, pretrial diversion, or a deferred prosecution agreement. Eligibility for each depends on the specific charge, the substance involved, and the State Attorney’s assessment of the case. 

      An attorney evaluates which option offers the best outcome and pursues placement early in the case, before formal prosecution is fully underway. Acting quickly increases the range of options available.

    • Possibly. Evidence obtained in violation of Fourth Amendment protections can be challenged through a motion to suppress. Whether the search was lawful depends on whether the officer had a valid warrant, whether a recognized exception applied, such as consent, plain view, or probable cause with exigent circumstances, and whether the specific facts of the stop and search met the legal standard. 

      An attorney reviews the circumstances of the search, evaluates whether a suppression motion has merit, and files it if the facts support the argument.

    • A criminal conviction can have serious immigration consequences, including deportation, inadmissibility, and bars to naturalization, depending on the offense. Crimes involving moral turpitude, aggravated felonies, and drug offenses carry the most severe immigration consequences. Even a misdemeanor conviction or a withhold of adjudication can affect immigration status in some circumstances. 

      An attorney coordinates the criminal defense with an awareness of the immigration consequences before any plea is entered, so that you understand the full impact of every option before making a decision.

       

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