FAQ
for Your Criminal Defense and DUI Attorney in Clearwater,
Tampa, and St. Petersburg
Through his 25 years of experience as a Florida
prosecutor, Criminal Defense Attorney, and DUI Attorney in
the Tampa Bay area, Charles Holloway, P.A., has answered many
thousands of questions for his clients. You will find the
answers to the most frequently asked questions below. If you
have further questions for us, please call (727) 446-8303
to schedule a free initial consultation with Tampa
Bay DUI and Criminal Defense Attorney Charles Holloway,
P.A., at our Clearwater, Tampa, or St. Petersburg office.
(1.) What obligations
will I have as the DUI proceeds through the court system?
(2.) What is a Formal
Review Hearing?
(3.) For what period
of time can my license be suspended for DUI?
(4.) Can I obtain a
temporary permit to drive while my license is suspended?
(5.) Will my vehicle
be impounded and what are the procedures involved?
(6.) What punishment
can I expect if I am convicted of DUI in Pinellas, Hillsborough,
or Pasco County?
(7.) Will a DUI conviction
in Pinellas, Hillsborough, or Pasco become a part of my permanent
driving record?
(8.) What is the difference
between a Misdemeanor and a Felony?
(9.) Can I settle my
case without a court appearance?
(10.) What is a Diversion
Program and is it the best solution?
(11.) What can be
done about a Violation of Probation?
(12.) Can my records
be sealed or expunged?
(13.) What fees and
expenses can I expect to pay for legal representation?
(14.) What are the
office hours and locations at which the DUI Lawyer and Criminal
Defense Lawyer can be consulted?
(1.) What
obligations will I have as the DUI proceeds through the Court
System?
With the exception of the Formal Review Hearing,
your case will proceed through the Criminal Justice System
in the same manner as other criminal cases. These general
Court Hearings include: the Arraignment, the Pretrial, and
if need be, a Trial. A more thorough discussion of these stages
and the various procedures involved may be found by reference
to the topic of Court Procedures located elsewhere on this
website. <back to top>
(2.)
What is a Formal Review Hearing?
If you are arrested for DUI and the chemical
test result is .08% or greater, or if you refused to take
the test, your license will be suspended for a period of time
by the Florida Department of Motor Vehicles. You are entitled
to challenge this suspension by means of the Formal Review
Hearing. However, this Hearing must be requested in writing
and delivered to the DMV Office, no later than 10 days from
the date of arrest. Your DUI Attorney can handle the details
involved with scheduling, and be able to conduct this hearing,
without the need for you to attend.
This Hearing can be a valuable tool in the
investigation and the defense of your case. First, it allows
your DUI Attorney to challenge the suspension of your license
and, if successful, obtain the reinstatement of your license.
Secondly, it permits your Attorney to interrogate Law Enforcement
Witnesses in order to gain detailed knowledge concerning their
observations, actions, and opinions. <back
to top>
(3.)
For what period of time can my license be suspended for DUI?
Your license can be suspended by both the
Florida Department of Motor Vehicles and the Criminal Justice
System. The suspension of your license by the DMV may occur
immediately after your arrest and continue while your case
is pending in criminal court. The precise period of license
suspension by the DMV or the court system is governed by a
number of factors. You should refer to the topic of DUI penalties
located elsewhere on this website, and consult with a DUI
Attorney. <back to top>
(4.)
Can I obtain a temporary permit to drive while my license
is suspended?
When you are arrested for DUI, you may be
permitted to drive for the first 10 days. If your chemical
test result was .08 or higher, you will then enter a period
of “hard suspension” and will not be permitted to drive for
any purpose for the next 30 days. If you refused to take a
chemical test, your license will instead be subject to a 90
day “hard suspension.” These periods of hard suspension may
vary in length and may be followed by a period of general
suspension imposed by the Florida DMV and/or the Court.
Other than these periods of hard suspension,
you may be eligible to obtain a business purpose or hardship
license in order to drive while your license is subject to
a general suspension. The issues regarding license suspension
and eligibility for temporary permits can be confusing and
should be discussed with a DUI Attorney. <back
to top>
(5.)
Will my vehicle be impounded and what are the procedures involved?
If you are convicted of DUI, your car may
be subject to impoundment. The length of time begins at 10
days for a first DUI conviction and increases in duration
with subsequent offenses. You may be able to keep your car
on your own property during the period of impoundment; however,
no one may drive the car. There are some exceptions to impoundment,
provided the driver or the family of that driver qualifies.
You should consult with a DUI Attorney to determine whether
you are exempt from impoundment. <back
to top>
(6.)
What punishment can I expect if I am convicted of DUI in Pinellas,
Hillsborough, or Pasco County?
A Pasco, Hillsborough, or Pinellas DUI sentence
can include: An adjudication of guilt, incarceration, a fine,
a period of probation, a period of license suspension, the
performance of community service, the impoundment of your
automobile, completion of DUI Driving School, substance abuse
evaluation, and substance abuse counseling. Because the punishments
may vary according to the evidence in your particular case
and the number of prior DUI convictions, you should refer
to the topic of DUI punishment located elsewhere on this website,
and consult with a DUI Attorney. <back
to top>
(7.)
Will a DUI conviction in Pinellas, Hillsborough, or Pasco
become a part of my permanent driving record?
Unfortunately a conviction for DUI in Florida
automatically results in an adjudication of guilt. This means
that it will become a permanent feature of your driving record
and will likely affect your automobile insurance. However,
in some cases the prosecutor may be persuaded to reduce the
charge of DUI to a less serious offense. In that event, it
may be possible to avoid an adjudication of guilt and the
application of points against your driving record. <back
to top>
(8.)
What is the difference between a Misdemeanor and a Felony?
A Misdemeanor charge is generally considered
to be less serious than a Felony; however, convictions for
crimes involving theft, DUI, or sexual behavior can have long-lasting
ramifications that may affect both your record and employment.
Misdemeanor cases are handled in the County
Court System (be it Pinellas, Hillsborough, Pasco, or other
Florida counties) and punishment may include an adjudication
of guilt, a fine, incarceration in the county jail, and supervised
probation.
A Felony charge is considered more serious
than a Misdemeanor and is ranked in increasing range of severity
from Third to First Degree. Felony crimes are handled in Circuit
Criminal Court and punishment can include an adjudication
of guilt, significant terms of supervised probation or house
arrest, lengthy terms of incarceration in Florida State Prison,
and significant fines. <back to top>
(9.)
Can I settle my case without a Court Appearance?
Florida law prohibits the settlement of a
Felony charge unless the client is present in Court. However,
Misdemeanor charges may be settled without requiring your
personal appearance. This is referred to as a “Plea in Absentia”
and requires the approval of the Court. <back
to top>
(10.)
What is a Diversion Program and is it the best solution?
A Diversion Program, such as Pretrial Intervention
(PTI), permits you to resolve your case with a form of probation.
Once you have successfully completed the program, the court
will officially dismiss your charges. Acceptance into a Diversion
Program is generally within the discretion of the Prosecutor.
Diversion Programs are limited to specific types of crimes
and are considered on a case-by-case basis. It is important
that you consult with a Criminal Defense Attorney in order
to determine whether you are eligible for such a Program and
that whether it represents the best solution for your case.
<back to top>
(11.)
What can be done about a Violation of Probation?
A Violation of Probation is generally initiated
by your probation officer and may result in a warrant for
your arrest. The warrant may block your ability to post bond.
It is therefore important to consult with a Criminal Defense
Attorney as soon as you learn that a warrant has been issued
for your arrest. An Attorney may be able to arrange for your
surrender and obtain your release on your own recognizance
(ROR) or a low bond.
Violations may occur as a result of a new
crime or for “technical” reasons (e.g. failure to report,
failure to pay restitution, change of employment or residence
without permission). In general, you face a more severe punishment
upon conviction and may receive house arrest or incarceration
in place of your original probation. It is important that
you consult with a Criminal Defense Attorney in order to evaluate
both the potential risk and determine a strategy for the successful
resolution of the problem. <back
to top>
(12.)
Can my records be sealed or expunged?
It may be possible to seal or expunge your
prior criminal record. However, there are some fundamental
rules which govern the approval process. If you have ever
been adjudicated guilty of any criminal offense, regardless
of time or jurisdiction, you are not permitted to seal or
expunge any record. In addition, there are certain prohibitions
and distinctions between sealing and expungement which may
limit or entirely prohibit these remedies. The law concerning
sealing and expungement is contained in Chapter 943 of the
Florida Statutes. The law can be somewhat confusing, and consultation
with a Criminal Defense Attorney is recommended to determine
your rights. <back to top>
(13.)
What fees and expenses can I expect to pay for legal representation?
Legal fees are determined by a number of factors,
including: whether the charge is a Misdemeanor or a Felony,
the degree or severity of the charge, the number of crimes
charged, the complexity of the case, and the client’s desires
and expectations. Generally, the legal fees charged for representation
of a Misdemeanor are less than those charged for representation
of a Felony; a simple case less than that of a complex one;
single charges less than that of multiple charges.
Generally, at the office of Charles Holloway,
P.A., we divide the legal fees we charge into Pretrial and
Trial fees. In other words, we will typically charge a fee
for all representation up to the point of Trial, and an additional
fee if the client desires to proceed with a Trial.
Our office accepts major credit cards and
payment plans are available in order to provide payment flexibility
for the client. <back to top>
(14.)
What are the office hours and locations at which the DUI Lawyer
and Florida Criminal Defense Lawyer
can be consulted?
Our office hours are from 9:00 a.m. until
5:00 p.m., Monday through Friday. Our main office is in Clearwater,
Florida and we also have office locations in Tampa and St.
Petersburg. After hours and weekend appointments may be available,
if scheduled in advance. <back to
top>
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