Criminal Defense FAQs

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.