Best Criminal Defense Accident Attorneys in Jacksonville
Compare Our Top Attorneys
| Lawyer Name | FL Bar Association Status | Year Admitted to FL Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Andrew Michael Bonderud | Active | 2013 | Boston College Law School | |
| Bryan E. DeMaggio | Active | 2008 | University of Florida Levin College of Law | |
| Matthew R. Kachergus | Active | 2001 | University of Florida Levin College of Law | |
| Jeremy Lasnetski | Active | 2001 | University of Florida Levin College of Law | |
| Matthew I. Lufrano | Active | 2009 | University of Florida Levin College of Law | |
| Yekaterina “Kate” Mesic | Active | 2007 | University of Florida Levin College of Law | |
| Jason K. S. Porter | Active | 1998 | Wake Forest University School of Law | |
| David M. Robbins | Active | 1972 | University of Florida Levin College of Law | |
| Mitchell A. Stone | Active | 1989 | University of Florida Levin College of Law | |
| Elizabeth L. White | Active | 1981 | University of Oregon School of Law |
What Is a Criminal Defense Lawyer?
A criminal defense lawyer works with people who have been accused of crimes. These lawyers investigate allegations, review evidence and represent their clients in court. Their goal is to ensure that their clients receive a fair trial in accordance with the standards of the justice system.
In practice, criminal defense attorneys educate and inform their clients about their charges and their case and advise them on how to respond. They develop defense strategies that require the state to fully make their case in order to secure a conviction. They may also be instrumental in obtaining plea deals for their clients.
Public Defender vs. Private Criminal Attorney
In the United States, some defendants have the right to an attorney if they cannot afford one. The attorneys available in this instance are called public defenders. In Florida, you have the right to a public defender if you cannot afford an attorney and you have been accused of a crime that is punishable by imprisonment. You are not entitled to a public defender for a misdemeanor or an ordinance violation, provided that the judge in the case has filed an Order of No Imprisonment indicating that you will not be imprisoned if convicted.
The biggest benefit of having a public defender is cost; you either pay a portion of the cost of your attorney or the attorney does not charge you (depending on whether the court determines that you can afford to pay). One of the downsides is that public defenders often have a full caseload, which limits the time they have for each client. Another disadvantage is the fact that you cannot easily change your public defender if the two of you don’t work well together.
A private criminal attorney, on the other hand, limits how many cases they take on, allowing them to give more time to each of their clients. In addition, if you’re paying for your attorney on your own, you have the ability to choose someone with whom you’re comfortable. The main disadvantage of hiring a private attorney is cost. However, it is difficult to put a price on the value of good representation.
Should You Represent Yourself in a Criminal Case?
The short answer is that you have a Constitutional right to represent yourself in a criminal case. This is often referred to as pro se representation.
However, just because you have a legal right to represent yourself does not mean that you should. Your attorney has experience and knowledge you don’t have and is familiar with the process and how to respond if something doesn’t go according to plan. Even attorneys typically hire their own lawyers if they need to go to court. There is little to be gained from representing yourself and a lot to lose.
Understanding the Legal Process for Criminal Cases
There are multiple steps involved in Florida criminal cases. Here is an outline of what generally happens.
- Arrest or Notice to Appear. In Florida, the criminal case procedure starts with law enforcement. This could include arrest, but it could also include a notice to appear, which informs you that a case is being brought against you and when to show up in court. The Clerk of the Court can also issue notices to appear.
- First Appearance. Within 48 hours, you will have your first appearance in front of a judge. This is when you are informed of your charges and asked if you need a court-appointed attorney. After a first appearance, judges can release defendants on their own recognizance, set bail or remand them to jail with no option for bail.
- Indictment or Information. In some felony cases, the case is presented to a Grand Jury, which then determines if there is enough evidence to proceed with the case. This is called an indictment. In other felony cases and misdemeanors, the state attorney can file an information. This document formally charges the defendant.
- Arraignment. During the arraignment, the formal charges against you are read. You have the opportunity to respond to the charges with a plea of guilty, not guilty or no contest. If you plead guilty or no contest, you move on to the sentencing phase. If you plead not guilty, the trial process continues.
- Hearings. Hearings take place before the trial, and they generally involve specific legal issues. One example would be a hearing to exclude a certain piece of evidence.
- Trial. During the trial, the evidence is formally examined and a determination of guilt is made.
- Sentencing. Sentencing occurs after a guilty or no contest plea, or after a trial in which the defendant is found guilty. This phase determines what punishment should be imposed.
Resolving a Criminal Case in Florida
Most criminal cases in Florida do not go all the way through the trial process. Instead, they usually end early, often by a plea bargain. In a plea bargain, the defendant pleads guilty in return for a reduced sentence.
Some people are placed on probation after reaching a plea or conviction. Probation is a form of court-ordered supervision that involves check-ins with a probation officer. There are different types of probation, including for substance abuse cases and for sexual misconduct cases.
Although some states offer parole, which involves inmates being released before their entire sentence is served, Florida abolished this in 1983. Most current inmates are not eligible for parole.
With this being said, there is a method whereby inmates are not required to serve their entire sentence. It’s referred to as gaintime, and it allows the Florida Department of Corrections to grant deductions to sentences as an incentive to inmates. However, inmates must serve at least 85% of their sentence before they can be released due to gaintime.
Expungement and Sealing in Florida
Expungement refers to the removal of a criminal record or arrest from someone’s public record. It is not granted in every case, and you must apply for it. It does not happen automatically. In addition, some crimes, such as violent felonies, cannot be expunged. In addition, typically only one expungement is granted per person, so it is very difficult to have multiple records expunged.
Florida records can be expunged or sealed. When they are expunged, they are no longer available to the public or to governmental agencies. However, when a record is sealed, the public cannot access it, but certain governmental agencies may be able to.
The first step in requesting an expungement is completing the application for a Certificate of Eligibility with the Florida Department of Law Enforcement. Consult with your attorney on how to prepare for this.
How to Choose the Best Criminal Lawyer in Jacksonville, FL
Choosing the attorney to represent you in your criminal case is an important decision. Here are some things to keep in mind.
- Experience counts. Yes, everyone has to start somewhere. But you want to ensure that the attorney you’re hiring has some experience with criminal cases. The stakes are too high to take a chance on an attorney with no criminal court experience.
- Personality matters, too. You don’t have to be friends with your attorney, but the two of you should be able to understand and work with one another. Don’t pick an attorney you know you’re not going to be able to work with, long term.
- Ask about fees. Money should not be the most important thing, but quality legal representation can cost quite a bit. Make sure that you ask about fees and be aware up front of how much your case may cost.
Jacksonville Criminal Defense Resources
Methodology
To come up with the criminal defense lawyers in Jacksonville of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
If I have had a juvenile arrest expunged, can I also have an arrest expunged as an adult?
No. The Florida Department of Law Enforcement typically only allows one expungement per person for both juvenile and adult crimes. In order to request an expungement, you must affirm that you have not previously had a record expunged or sealed.
What if I didn’t commit the crime I am being accused of?
All defendants deserve quality representation in court, but if you are being falsely accused, it’s especially important to hire an attorney. You need an experienced attorney who can counter the prosecutor’s case and present evidence to support your innocence.
Can I request a new public defender?
Yes, but there are no guarantees that you’ll be assigned a new attorney. Unlike with private criminal attorneys, public defenders can only be removed for cause (and “I don’t like them” is rarely a valid cause). If you believe your public defender is not providing you with adequate representation, you can petition the court for a change of counsel.
