Common Criminal Defense Questions

• What Should I Do When I Have Been Charged with a Crime?

  If you've been arrested, don't speak to anyone until you have an attorney by your side. Your first priority after an arrest should be to speak with an experienced West Palm Beach criminal defense lawyer about your case so that you are protected from incrimination. Your attorney can advise you of your rights and help you navigate the situation with the least damage to your reputation and freedoms.

  I have served as both a prosecutor and a defense attorney in West Palm Beach. Throughout the years of my service, I have seen countless criminal cases and understand the criminal process from start to finish. My 25 years of experience will prove invaluable to your case because I understand how the system works and how to fight for your rights. If you have been charged with a crime, you should be proactive about your future and seek the help of an experienced attorney immediately. There is no time to wait.

  Learn more on what do you after the arrest.

• Will I Go to Jail?

  Many clients who have been charged with a crime and come to me at The Law Offices of Phillip T. Ridolfo, Jr., for legal advice or representation are primarily concerned with whether or not they will go to jail. Answering the seemingly simple question "will I go to jail?" will depend upon a variety of factors:

  • Your prior criminal history, if any
  • The type of crime you and the associated penalties, as well as mandated minimums
  • The judge in your case
  • The prosecutor in your case
  • The quality and skills of your criminal attorney

  Each of these factors can influence directly whether or not you go to jail if you are convicted of a crime. Many crimes carry mandatory minimum jail sentences, but in certain situations, these mandatory jail sentences can be suspended, or postponed, or could be replaced with probation, based upon the charge. There are some instances in which the judge has the discretion to deviate from the mandatory minimum sentence. Other more serious crimes mandate a minimum jail term range that the judge may not have the discretion to change.

  Contact a Qualified West Palm Beach Criminal Lawyer

  If you are convicted of a minor criminal infraction that carries no jail term but is on probation for a prior crime which did have a suspended sentence, you could be incarcerated for violating the terms of your probation and forced to serve time. So as one can see, the question is not always that easy to answer. It clearly depends on your individual situation.

  My firm has represented hundreds of clients over the past 25 years in West Palm Beach, and I have personally successfully defended them on a variety of criminal charges. I am passionate about protecting my clients' legal rights, reputation, livelihood, and freedoms. Having had the experience of serving as a prosecutor in the past gives me a unique insight into the strategies and arguments commonly employed by the state that in turn, allows me to anticipate the state's approach and prepare a more effective defense case. Contact my office now to schedule your free consultation.

• What Penalties Am I Facing?

  If you have been charged with a crime in West Palm Beach, you may be wondering what penalties you will face if you are convicted or if you plead guilty. When you schedule a free consultation with me at The Law Offices of Phillip T. Ridolfo, Jr., I will discuss your case with you in detail, and advise you about the penalties that could be imposed if you are convicted. Each crime carries its own set of consequences, including costs, fines, possible jail time, probation, classes, restitution, community service and other punishments.

  In the 25 years I have been practicing criminal defense law, I have helped hundreds of clients avoid penalties such as jail time, court costs, fines, lengthy probation terms, and community service hours. Judges have a wide range of discretion in many cases where mandatory minimum sentences can be restructured or suspended to give individuals a chance at rehabilitation. At times, drug charges can be transferred to a drug court where successful completion of the terms of sentencing can result in a "withhold of adjudication," or a dismissal of the charges.

  The penalties that are the consequence of a criminal conviction have a lot to do with your past criminal history. Those individuals with no criminal record or one minor conviction in their history are treated with more leniency than others with lengthy criminal records. The state keeps a scorecard of sorts, where a certain number of "points" are assigned to the infractions on your record. The point system and how you score out will determine in many cases what mandatory minimum penalties you will be facing.

  Free Initial Criminal Defense Consultation in West Palm Beach

  Contact my offices today and schedule a free initial consultation with me. I will personally discuss your case with you and review details such as how your record could impact your case, and the various options for your defense case. I can explain the potential penalties you can expect to have imposed if you are convicted. I am dedicated to helping you avoid any penalties and to fighting to help you to avoid conviction altogether. But if there is no way to get the charge against you dismissed, I can ascertain with considerable accuracy what penalties will could be imposed, the various defense strategies that could help you achieve an acquittal or what kind of a deal the prosecution may offer. Contact me today.

• Is It Possible to Fight a DUI Charge?

  These are common charges for DUI in the state and countless individuals fail to fight them, simply taking on the repercussions instead. There are actually a number of valid defenses to a charge that can clear a suspect's name and allow them to avoid the penalties. One type of defense has to do with the tests that are administered. It might be a field sobriety test or a chemical test. Arguments can include that the test was not administered correctly, there were influencing factors or even that a Breathalyzer device was faulty. It should also be looked into whether or not the arresting officer had reasonable cause to make the stop in the first place. Working with an attorney is an excellent idea as they will better understand the types of defenses

  I was arrested for DUI with proof that I was over the legal limit. Can I avoid a conviction?

  That exist and how to assess a situation to determine the right option.

• What Is the Difference Between a Misdemeanor and a Felony?

  At my practice, The Law Offices of Phillip T. Ridolfo, Jr., I have often been asked about the difference between a misdemeanor and a felony. The difference essentially is determined by the possible term of maximum term of incarceration. In the state of Florida, a misdemeanor is defined as any crime which is punishable by imprisonment for a maximum of no more than 1 year and/or a fine of $1,000. A felony is therefore defined as a crime which is punishable by incarceration for more than one year. There are several different types of felonies as well including capital felonies punishable by no less than 25 years of incarceration or by the death penalty; life felonies, which as the term implies, are punishable by 40 years' incarceration to life in prison; 1^st degree felonies punishable by a maximum of 30 years in prison; 2^nd degree felonies punishable by a maximum of 15 years in prison; and 3^rd degree felonies punishable by a maximum of 5 years in prison.

  The long term consequences of a misdemeanor and a felony are have a distinct difference as felony convictions carry with them long term or lifelong prohibitions against employment in many industries or professions, whereas a misdemeanor conviction will not be as extreme. Similarly, those with felony convictions can lose many civil rights, such as the right to own firearms or the right to vote.

  Contact West Palm Beach Criminal Defense Attorney

  If you or a member of your family has been arrested and is in need of legal counsel, please take the time to call my offices and schedule a free initial consultation. I will be glad to answer any questions you may have and review your case in detail with you. I have been representing clients and defending their legal rights for over 25 years. If you are seeking an experienced, knowledgeable and caring criminal defense lawyer in West Palm Beach, contact me today.

• How Much Does a Criminal Defense Attorney Cost?

  The question of how much a criminal defense attorney costs really depends on that attorney. The legal profession does not have a fee schedule, where different services have a set price. Most attorneys charge for their services with an hourly rate. Some services are performed for a flat fee and are not charged with an hourly rate. It is impossible to say how much an attorney will cost you with any certainty.

  At my law firm, The Law Offices of Phillip T. Ridolfo, Jr., I make every attempt to keep my fees as low as possible for my clients. Depending upon the case I may charge a flat fee for the service or an hourly rate. The final cost of your legal defense truly depends on a number of hours expended on your case, and in some circumstances, I may be able to predict how many hours your case should require. In those cases, I may be able to charge a flat up-front fee.

  The twists and turns that litigation can take are unpredictable at times, and as a consequence, additional time may be required in your case. It all depends on how the state reacts to certain motions that we may file on your behalf, what a judge may order the parties to do, additional or new evidence coming to light in your case requiring depositions which were unplanned, and other unforeseen circumstances that can arise during your case.

  Contact My Firm for a Free Initial Case Consultation

  If you or a loved one has been arrested or charged with a crime, please take the time to consult with a knowledgeable, experienced West Palm Beach criminal defense attorney. My tenure as a state prosecutor and 25 years of criminal defense work has given me an insight into the legal justice system that most lawyers just do not have. Understanding the criminal justice process from both sides of the aisle in a courtroom benefits my clients on a daily basis.

  Contact me today for a free initial evaluation of your case.

• What Can I Do If I Have Already Been Convicted?

  Being charged for a crime is a difficult place to be. You fear what could happen if convicted. If you have already suffered a guilty sentencing you have already had to deal with this. You may have completed your sentencing but are still facing difficulties from the lingering cloud that is left by a conviction. It can hinder you in many ways, including restraining many individuals from being able to retain a job or live in certain areas. An expungement can help solve this issue. For those that have not been given an expungement, the information regarding a conviction is open to the public. It can be found within seconds by a potential employer conducting a background check of an individual they are considering hiring. When an expungement is granted by the court this information will be sealed and can only be accessed by certain parties.
• Is Stalking a Crime?

  Some people may not recognize how serious their actions are considered. It may have been innocent in nature but if the attention that is being given is unwanted by the recipient, then it can turn into a criminal act to continue on. It can be considered a misdemeanor or a felony charge depending on the circumstances, such as if serious threats were made or it is against a child that is younger than 16.
• What is Sex Offender Registration?

  Sex offender registration is required of most convicted sex offenders. They must provide their personal information - including their name, physical description, and address - to be made available for public search and view. This allows anyone to know exactly who in their neighborhood, or anywhere in the nation, is a convicted sex offender.
• What is Considered "Disorderly Conduct?"

  Many people may not recognize when they are out with their friends, just how rowdy they may appear to those around them. After a few drinks others may not realize how loud or out of hand they are being perceived as. Disorderly conduct involves disturbing the peace, such as causing a scene in a public area whether it is through indecency or fighting. This is misdemeanor charge but it can be further elevated when other charges are made with it, such as resisting arrest from an officer. The charge on its own can include fines and jail time as a punishment.
• Is There Anything I Can Do to Get a Crime Off My Record?

  Under certain conditions, and if you meet a set number of criteria, you can have a conviction of a crime removed from your public criminal record. At my West Palm Beach criminal defense law firm, The Law Offices of Phillip T. Ridolfo, Jr., I may be able to have your criminal conviction removed from your record forever. The courts of Florida have allowed for a procedure known as "expungement" of a criminal record. The process by which the expungement or removal begins is with an application for eligibility. Once a certificate of eligibility is received from the state, then a petition to expunge a criminal history record can be filed with the proper court of jurisdiction.

  I have successfully handled dozens of expungement petitions in my 25 years of practice, and can do the same for you. I have the experience and knowledge necessary to advise you if your record can be expunged, prior to filing any documents. If you are eligible, my staff and I will personally prepare your application for certificate of eligibility, your petition for expungement, and follow through with service to the state and prosecutor and arresting agency. We will follow up until the expungement is approved and the record of your arrest or conviction is wiped from the public record.

  Contact an Experienced Expungement Lawyer in West Palm Beach

  If your expungement is approved, it allows you to lawfully deny or fail to acknowledge any arrests or convictions covered by the expungement when answering questions on an application, unless you are a 1) candidate for a job with a criminal justice agency, 2) defendant in a criminal prosecution, 3)candidate for admission to the Florida Bar, 4) person seeking a job with state agencies such as Department of Children and Families, the Department of Health, or the Department of Education or other similar state entities.

  If you wish to find out more about removing an arrest or conviction from your record, please call my offices today and schedule a free consultation.

• Why should I hire Attorney Phillip T. Ridolfo, Jr.?

  As a dedicated West Palm Beach criminal attorney, I have more than 25 years of experience defending clients facing all types of criminal charges. From minor misdemeanors to serious felonies, from shoplifting to sexual battery and murder, I can provide the relentless and effective defense that you need. I am a former prosecutor with experience on both sides of the courtroom, allowing me to anticipate your opponent's moves in court. If you need a defense lawyer, I can provide the representation that you need.
• What Happens When Officers Don't Read My Rights?

  If a police officer fails to read your Miranda rights to you before interrogating or questioning you, your statements cannot be used against you. Even if I police officer does not inform you of your rights, you can still exercise your rights by stating your decision to remain silent or your wish to have a lawyer present.

  Your Miranda rights include the following:

  • Right to remain silent
  • Your silence cannot be used against you in court
  • Right to have lawyer present for questioning
  • Right to have a lawyer appointed for you if you cannot afford one
  • Right to stay silent before or during interrogation

  Police officers are required to read your Miranda rights when you are in custody, being interrogated, or being questioned concerning a crime in order to ensure you are made aware. Failure to do so is not only violates your rights, but invalidates most, if not all, of the evidence obtained against you during that time.

  Understanding How to Uphold Your Rights

  If you have not been arrested nor have had your rights read to you, you can still invoke your right to remain silence. Police officers cannot arrest you for the sole purpose of your desire to remain silent or use it against you, so long as you say that you are invoking that right.

  If you wish to remain silent, it is important that you verbally express that you are exercising your right to remain silent. If you simple stay silent when a police officer is questioning you, it may result in an officer using this as an admission of guilt against you in court. If you wish to not answer questions or would like a lawyer present, simply state such wishes.

  If you have questions regarding your rights and police encounters, contact The Law Offices of Phillip T. Ridolfo, Jr. to speak with a West Palm Beach criminal defense lawyer.

• What Are My Rights When Dealing with the Police?

  Dealing with police officers can be very intimidating and could result in a violation of your most basic rights. It is important to fully understand and know your rights, as well as basic police procedures in order to stand up for yourself within those rights.

  Under the Fourth and Fifth Amendment, you have the following rights:

  • The right to remain silent
  • The right to refuse to content to a search
  • The right to ask if you're free to leave, so long as you aren't under arrest

  However, knowing when and how to exercise these rights can be difficult. If you have been arrested and think your rights have been violated, talk with me, a West Palm Beach criminal defense lawyer right away.

  When I am pulled over by police, what should I do?

  The most important factor when you are pulled over is to stay calm and know your rights. When a police officer comes up to your car, always remain respectful, while keeping your hands on the wheel or visible to the police officer.

  When asked, hand the police officer your license, registration, and proof of insurance. You have the right to politely state your desire to invoke your right to silence. If a police officer ask to search your vehicle, you can refuse to consent to a search, unless they have obtained probable cause.

  Is my silence seen as an admission of guilt?

  So long as you verbally express your desire to invoke your right to remain silent, police officers need to honor that and it will not be used against you as an admission of guilty in court. Police officials may ask you questions or to search your home or vehicle. Without your consent, a warrant, or probable cause, they are not legally allowed to conduct a search.

  However, if an officer has reasonable suspicion, they can detain you for a certain amount of time, and search your person to gain any legal evidence. Probable cause, on the other hand, means that police have hard evidence or articulable facts to accuse you of commitment a crime.

  If you would like to receive more information regarding your rights, contact The Law Officesof Phillip T. Ridolfo, Jr. to speak with a West Palm Beach criminal defense attorney criminal lawyer.

• What Should I Do if I’m Facing Assault Charges?

  Being charged with assault can be a frightening experience. It is a considered a violent crime and can result in prison time and other penalties. Even worse, due the flexible nature of what constitutes assault, you may feel frustrated, angry, and unfairly persecuted by the person pressing charges.

  Still, it is important to stay calm during this ordeal. Too many times, what might have been simple assault charges escalate into even greater charges carrying harsher penalties for the defendant. Over the 25 years I've practiced criminal law, I've been able to identify a few easy, simple steps those charged can take to help their case before it even goes to court.

  Steps to Take After an Assault Charge

  After going through processing from law enforcement, tensions and emotions can still be running high after an assault charge.

  I urge all my clients to take the following steps if they've just been charged:

  • Do not, under any circumstances, attempt to contact the accuser.
  • Retain skilled representation.
  • Write every part of the incident down.
  • Take photographs of any evidence.
  • Make a list of possible witnesses.
  • Listen to your attorney.

  Don't Face Your Assault Charge Alone

  Following these steps will help quell any complications and will help solidify the facts of your case, but they're only the beginning. To successfully beat or reduce an assault charge, you need incisive, experienced representation both before and after your trial.

  If you or a loved one is facing an assault charge and aren't sure what steps to take next, I urge you to call my firm immediately. Get an experienced West Palm Beach criminal defense lawyer in your corner now.

  Call me at The Law Offices of Phillip T. Ridolfo, Jr. today for insight.

• What Should I do if I'm Facing Domestic Violence Charges?

  Few criminal charges are as volatile as domestic violence charges. They're emotionally complex and often rely on differing accounts of the same incident. It's easy for those charged to escalate the situation due to the frustrations and helplessness that they may be feeling.

  At the Law Offices of Phillip T. Ridolfo, Jr., I've been practicing criminal defense for over two decades now and during that time I've seen countless domestic violence cases become aggravated and exacerbated by impulsive reactions of those being charged. There are certain steps, however, to avoid further complications with your domestic violence charge and help you put your best foot forward and court.

  What to do Following a Domestic Violence Charge

  Depending on the circumstances of the crime, those charged with domestic violence could be jailed before their trial or be allowed to make bail.

  Either way, there are measures to take to help the viability of your defense case:

  • During the arrest, stay calm and comply with police.
  • If you've been jailed, continue to comply.
  • While in custody, do not sign or write down anything.
  • If you're not jailed or make bail, do not contact your spouse or significant other.
  • Retain skilled representation.
  • If there is any physical evidence to document, record it.
  • Be patient and listen to your lawyer.

  Call The Law Offices of Phillip T. Ridolfo, Jr. Today

  Domestic violence charges can leave you feeling hopeless, but, with the proper steps, you can get proper representation on your side and fight your charges. Seeking reduced charges, arguing self-defense, and opting for educational programs are all avenues those charged with this crime have and, with my counsel in your corner, you can rest assured that each will be pursed and explored to the fullest extent.

  If you or a loved one has been charged with domestic violence and you don't know where to turn, I urge you to call me at the Law Offices of Phillip T. Ridolfo, Jr. immediately to schedule a free consultation.

  Get an unparalleled counsel from a West Palm Beach criminal defense attorney. Call me today.