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If you’ve been accused of a crime, you’ll need to become very familiar with the legal system in a short amount of time. The best way do this is to consult with an experienced Lakeland misdemeanor defense attorney - lawyer, who will inform you of your legal rights and options.
Misdemeanor cases are serious and you do not want any criminal offense on your record. You do not want employers to think that you’re not capable because you have something like a theft conviction on your record, a domestic violence battery case, or even driving on a suspended license on your record.
In misdemeanor cases, there are many alternatives to go into court. There are diversion programs and other alternatives that may be available to you so that you are not convicted of a misdemeanor crime. I have the knowledge and practical experience in handling many misdemeanor cases over the years and may certainly help you in achieving the best possible resolution regarding misdemeanor criminal offenses.
MISDEMEANOR CRIME CONVICTION PENALTIES:
A misdemeanor is a criminal offense which is typically punishable by a fine, probation, and / or jail. A 2nd degree misdemeanor is punishable by up to a $500 fine, six (6) months probation, sixty (60) days jail. A 1st degree misdemeanor is punishable by up to a $1,000 fine, twelve (12) months probation, one (1) year jail.
Miranda Rights
By Attorney, Lee Cohen
A Legal Success Story
of Attorney, Lee Cohen
ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
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BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
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ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
LEE A. COHEN'S BIOGRAPHY › › ›
BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
CONTACT COHEN LAW, P.A. › › ›
A misdemeanor in Florida is a criminal offense that carries a maximum penalty of one year in county jail and a fine of up to $1,000. Florida law classifies misdemeanors into two degrees, depending on the severity of the crime. First-degree misdemeanors are more serious than second-degree misdemeanors and may include crimes such as battery, domestic violence, or DUI. Second-degree misdemeanors may include crimes such as assault, prostitution, or disorderly intoxication. Misdemeanors are less serious than felonies, which can result in longer prison terms and higher fines.
If you are convicted of a misdemeanor in Florida, it will stay on your record permanently, unless you are able to get it expunged or sealed. This means that anyone who runs a background check on you can see your misdemeanor and use it against you in various situations, such as applying for a job, renting a house, or getting a loan. Therefore, it is important to consult with an experienced criminal defense attorney if you are facing a misdemeanor charge in Florida and explore your legal options to protect your rights and reputation.
In Florida, expungement is available for certain misdemeanors, such as minor drug offenses, theft, or assault. However, expungement is not automatic and requires meeting several eligibility criteria, such as completing probation, paying fines, and not having any other convictions. Expungement also requires filing a petition with the court and obtaining a certificate of eligibility from the Florida Department of Law Enforcement. Expungement can have many benefits, such as improving employment and housing opportunities, but it is not a guarantee and may be denied by the judge.
Misdemeanors are divided into two degrees, depending on the severity of the crime. First-degree misdemeanors include crimes such as battery, cyberstalking, and violating a protection order. Second-degree misdemeanors include crimes such as assault, prostitution, and petit theft. Some misdemeanors may carry enhanced penalties for repeat offenders or for crimes against vulnerable victims or motivated by bias.
According to Florida Statute 985.12, a juvenile who commits a first-time misdemeanor offense may be eligible for a civil citation or a similar prearrest diversion program, instead of being arrested. This option is at the discretion of the law enforcement officer and requires the consent of the victim and the parent or guardian of the juvenile. The civil citation program may involve community service hours, counseling, substance abuse education, and other interventions as determined by an assessment of the juvenile's needs. The juvenile must complete all the assigned sanctions within a specified time frame to avoid criminal prosecution. The civil citation program aims to divert qualifying juveniles from the juvenile justice system and provide them with services and resources to reduce recidivism.
The possibility of reducing a misdemeanor to a civil citation as an adult offender in Florida depends on several factors, such as the type and severity of the offense, the discretion of the law enforcement agency, and the eligibility criteria of the civil citation program. According to Florida Statute 901.41, some law enforcement agencies may issue a civil citation to an adult who has committed certain misdemeanor offenses instead of arresting them or issuing a notice to appear. However, this option is not available for all misdemeanors, and the offender must meet certain requirements, such as admitting guilt, consenting to participate in the program, and paying restitution if applicable. Civil citations are also limited to first-time offenders or offenders who have not received a civil citation in the past two years. Therefore, reducing a misdemeanor to a civil citation as an adult offender in Florida is not a guaranteed outcome, but rather a potential alternative that may be offered by some law enforcement agencies under specific circumstances.
In Florida, you may be eligible to have your record sealed if you meet certain criteria. To seal your record, you must not have any prior convictions or sealings, you must have completed your sentence, and you must not be currently charged with another offense. Additionally, the offense you want to seal must not be one of the prohibited offenses listed in Florida Statute 943.059. If you qualify, you can apply for a certificate of eligibility from the Florida Department of Law Enforcement and then petition the court for an order to seal your record.
Criminal diversion programs are alternatives to prosecution that allow eligible defendants to avoid a criminal record by completing certain conditions, such as community service, restitution, or counseling. In Florida, diversion programs are available for some misdemeanor charges, such as petty theft, possession of marijuana, or domestic violence. However, the eligibility and requirements of these programs vary by county and by the type of offense. Therefore, it is advisable to consult with an experienced criminal defense attorney before entering a diversion program.
If you are facing a misdemeanor charge in Lakeland or Polk County, Florida, you may think that you can handle it on your own or with a public defender. However, this could be a costly mistake that could affect your future. A misdemeanor conviction can result in jail time, fines, probation, community service, and a criminal record that can limit your employment and educational opportunities. An experienced criminal law attorney can help you fight the charges, negotiate a favorable plea deal, or seek a diversion program that can keep your record clean. Hiring a lawyer can also save you time and money by avoiding unnecessary court appearances and fees.
5430 Strickland Avenue, Lakeland, FL 33812
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