Criminal Defense Representation in Florida
Defender Donahue Law PLLC represents clients accused of crimes in every offense area under Florida law. If you are arrested or accused of a crime in Palm Beach County, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case. To schedule a free and confidential consultation, call my cell phone (561) 888-0113, send me an email Patrick@DefenderD.com, or use our Contact Form.
Patrick C. Donahue, Esq. defends clients accused or arrested of crimes in virtually every offense area under Florida Law. This includes:
- Driving Under the Influence
- Drug Crimes
- Felony Crimes
- Fraud Crimes
- Misdemeanor Crimes
- Property Crimes
- Theft Crimes
- Traffic Crimes
- Violations Of Probation
- Violent Crimes
- Weapons Crimes
Why should I hire Defender Donahue Law PLLC?
- You will be able to contact me directly. You can call or text my personal cellphone anytime at (561) 888-0113.
- When you hire me, you get me. At no time will you be passed off to an associate junior lawyer, a paralegal, or a law school intern.
- I have handled over 1,000 criminal cases. I represented clients in crimes ranging from misdemeanors and DUI’s to first-degree felonies. I aggressively defend my client’s rights, which has resulted in dropped charges, favorable plea deals, and numerous “not guilty” trial verdicts. This information is verifiable through County Clerk of Court records.
- Affordable alternative to a Public Defender. I accept all major credit cards and have flexible payment plans.
What is considered a misdemeanor charge in Florida?
In Florida, a “Misdemeanor” is defined as any criminal offense that is punishable under the laws of the state of Florida by a term of imprisonment in a county correctional facility, not to exceed one year.
How many degrees of misdemeanors are there in Florida?
In Florida, Misdemeanors are broken down into two categories:
- First Degree: Punishable by a maximum of one year in the county jail.
- Second Degree: Punishable by a maximum of sixty days in the county jail.
What are some examples of a first degree misdemeanor charge in Florida?
- Domestic Violence Battery (DV)
- Driving Under The Influence (DUI/DWI)
- Driving With A Suspended License (DUS)
- Indecent Exposure
- No Valid Driver’s License (NVDL),
- Possession Of Drug Paraphernalia
- Possession Of Marijuana
- Prostitution
- Reckless Driving
- Retail Theft
- Resisting An Officer Without Violence
- Simple Battery
What are some examples of a second degree misdemeanor charge in Florida?
- Criminal Mischief
- Disorderly Intoxication
- Loitering or Prowling
- Petit Theft
- Simple assault
- Trespass
What is a misdemeanor notice to appear in Florida?
Under Florida law, for misdemeanors a person may be “arrested” for a criminal violation in two different ways.
- Notice to Appear: A person may be given a “Notice to Appear” which is a written arrest order from a law enforcement officer informing a person that they have been accused of committing a crime, and they must appear in court on a specific day and time.
- Actual Arrest: A person may be arrested by a law enforcement officer and brought into custody pending a hearing.
In Florida, what type of court handles misdemeanors?
First and second degree misdemeanors are handled in County Courts, unless the person is also charged with a misdemeanor in combination with a felony.
What is a felony charge in Florida?
In Florida, a “Felony” is defined as any criminal offense that is punishable under the laws of the state of Florida by a term of imprisonment in in a state correctional facility, to exceed one year.
How many degrees of felonies are there in Florida?
In Florida, Felonies are broken down into five categories:
- First Degree: Punishable by a maximum of thirty years in state prison.
- Second Degree: Punishable by a maximum of fifteen years in state prison.
- Third Degree: Punishable by a maximum of five years in state prison.
- Life Felony: Punishable by life in prison.
- Capital Felony: Punishable by death.
What are some examples of a first degree felony charge in Florida?
- Aggravated Battery on an Officer
- Aggravated Child Abuse
- Burglary with An Assault or Battery
- Carjacking
- Drug Trafficking
- Home Invasion
- Robbery with A Weapon
- Trafficking in Cannabis
- Trafficking in Drugs
- Trafficking in Stolen Property
What are some examples of a second degree felony charge in Florida?
- Aggravated Battery
- Burglary of A Dwelling
- Dealing in Stolen Property
- DUI Manslaughter Leaving the Scene Involving Death
- Possession of Ammunition by A Felon
- Possession of a Firearm by a Felon
- Sale of Cocaine
- Throwing or Shooting a Deadly Missile
What are some examples of a third degree felony charge in Florida?
- Aggravated Assault
- Aggravated Stalking
- Battery on a Person 65-Years or Older
- Battery on an Officer
- Battery with Strangulation
- Bribery
- Burglary of a Structure
- Child Abuse
- Child Neglect
- Cultivation, Purchase, or Sale of Marijuana
- Defrauding an Innkeeper
- Exploitation of an Elderly Person
- Fleeing and Eluding an Officer
- Forgery
- Grand Theft
- Introducing Contraband Into the Jail
- Possession of A Controlled Substance
- Possession of Burglary Tools
- Possession of Marijuana Over 20 Grams
- Possession of Marijuana with The Intent to Sell
- Resisting an Officer with Violence
- Resisting Arrest with Violence
- Robbery by Sudden Snatching
- Unemployment Compensation Fraud
In Florida, what type of court handles felonies?
First, second, and third degree felonies, as well as life and capital felonies, are handled exclusively in Circuit Courts.
In Florida, what are felony statutory aggravators and enhancements?
In Florida, those if someone has been previously convicted of criminal acts, if they are accused of committing a new crime there is the possibility of enhanced sentencing. Florida statutory aggravators and enhancements result in higher maximum sentences. Examples include:
- Habitual Felony Offenders (HFO)
- Habitual Violent Felony Offenders (HVFO)
- Prison Release Re-Offenders (PRR)
- Violent Career Criminals (VCC)
When someone is arrested in Florida, what is a first appearance court date?
In Florida, when a person accused of a crime is arrested and taken into custody, Florida law demands they must appear before a Judge within twenty-four (24) hours of arrest. This is called “first appearance.” At this hearing the Judge will inform the accused of the charges, determine if there was probable cause to arrest, if indigent appoint counsel, and set bond. A Judge will determine if the accused is released from custody.
When someone is arrested in Florida, what bond options can a Judge order?
The Judge at first appearance can order four bond types:
- Own Recognizance: The Judge releases the person accused of a crime on their “own recognizance” (O.R.). This means they are released based on their promise to appear at the next court hearing
- Supervised Own Recognizance: The Judge releases the person accused of a crime on “supervised own recognizance” (S.O.R.). This means they are released from jail on supervised release that requires regular reporting and compliance with any conditions imposed by the Judge. This may may be combined with a monetary bond.
- Monetary Bond: The Judge sets a monetary bond. This means the person accused of a crime may only be released when the full amount is paid to the Court.
- No Bond: The Judge may order that the person accused of a crime may not be released before trial and is held in custody.
Failure to comply with any reporting requirements or release conditions may result in a warrant being issued for the accused’s arrest.
