Legal Question in Criminal Law in Florida

My adult daughter was arrested and charged with DUI, Resisting, and Battery. This is her first offense. What is the likely outcome of her sentencing?

Asked on 6/07/22, 7:19 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

It is impossible to say with any certainty what the likely outcome will be, particularly with as little information as is presented here. We would need to know the county in which the case is being prosecuted because every circuit has different policies and procedures. Different judges have different attitudes towards crimes and may handle certain cases a particular way. The facts of the case of the case are also hugely important in determining a possible outcome. For example, a prosecutor and court may treat a DUI case in which someone is parked in their car differently than someone who was swerving all over the road.

Frankly, she should only plead Not Guilty at her first court date, also known as the arraignment. Even if they offer her a deal she should plead not guilty and have an attorney review the case. Most of the time the deal gets better after having an attorney review the case and almost never gets worse. There may be technical defenses available that can result in the case being dismissed. If she takes the first offer presented then there is no way to know whether any factual or legal defenses are available to her.

Either way she should have an attorney. If she is able she should hire a private defense attorney who can then waive her appearance at the arraignment. If not, she should be sure to ask for the public defender at the arraignment, but be sure to not talk about the facts of the case while in court.

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Answered on 6/07/22, 7:35 am

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