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AM I GOING TO GO TO JAIL OR PRISON BECAUSE OF MY FLORIDA CRIMINAL ARREST?

The answer to this question must be "it depends". Every crime has the possibility of a sentence that includes jail time. However, not every defendant will be subjected to jail.

If you are a first-time offender that is charged with a misdemeanor criminal offense in south Florida, there is little likelihood of a jail sentence. However, a first-time offender who proceeds to trial and loses may have the prosecution recommend a short period of jail as a consequence of rejecting a plea bargain.

First-time felony offenders in south Florida may also avoid a jail (or prison) sentence with a plea negotiation if the crime itself is not of severe nature. Certain Florida crimes require a minimum mandatory period of incarceration, but these are often serious offenses, firearm offenses, or drug trafficking offenses. These will have to be explained in more detail by your south Florida criminal attorney. However, even lesser felony offenses can result in incarceration if you have numerous prior offenses and your total offense points exceed a certain level.

Every Florida felony offense is given a certain number of points depending upon the severity of the offense and the level into which it falls. Consultation with a south Florida criminal attorney will inform you of the severity level and the points associated with that offense. There are ways to avoid incarceration even if your point level exceeds the total at which incarceration is a result, and the skilled attorney should be able to indicate how it is possible to secure an outcome that does not subject you to prison even though otherwise you may score a prison sentence.

A trained and experienced south Florida criminal attorney will outline the possible outcomes of a case. But keep in mind that during an initial consultation the lawyer cannot guarantee results as oftentimes it is too early to know what the State has as its evidence, or what a victim (should there be one in your case) seeks as punishment. As you can see, there are many factors that can influence an outcome in a Florida criminal case. "It depends" is not an answer that is intended to be ambiguous. Rather it indicates that more facts and knowledge are needed for a more definitive answer to your particular case.


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