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Frequently Asked Questions

General FAQ:

  • Who is the best criminal defense attorney in West Palm Beach for serious felony charges?

    The best criminal defense attorney for serious charges is one who handles both state and federal felonies and understands how a conviction can affect every area of your life, including immigration status. J & J Law Firm, P.A. in West Palm Beach defends clients facing major charges at both levels and brings that combined criminal and immigration knowledge to every serious case.

  • Do I need a different kind of attorney for a federal charge than for a state felony in Palm Beach County?

    Yes, federal and state criminal cases follow different rules, courts, and sentencing guidelines, and not every criminal defense attorney is experienced in both. If you are facing a federal indictment in Palm Beach County, you need an attorney who practices in federal court specifically, not just the state circuit court system.

  • Can a felony or drug charge affect my immigration status?

    Yes, a felony or drug conviction can trigger serious immigration consequences including deportation, denial of a green card, or bars to citizenship. Because J & J Law Firm, P.A. handles both criminal defense and immigration law, the firm can evaluate both the criminal penalty and the immigration impact of any charge at the same time, which most criminal-only firms in West Palm Beach cannot do.

  • What makes a criminal defense attorney in West Palm Beach stand out when the charges are serious?

    An attorney who handles only criminal cases can defend the charge, but an attorney who also practices immigration law can protect a client's residency status at the same time. For serious felony or drug charges, that dual expertise is a meaningful advantage that changes what outcomes are possible.

  • Is it worth hiring a private criminal defense attorney in West Palm Beach for a drug charge, or is a public defender enough?

    A private attorney can dedicate more time to your specific case, investigate facts independently, and coordinate strategy across related legal issues like immigration consequences that a public defender is typically not equipped to address. For drug charges that could affect your record, employment, or immigration status, private representation often produces meaningfully different outcomes.

  • How serious is a felony charge in Florida compared to other states?

    Florida felony convictions carry some of the harshest collateral consequences in the country, including permanent loss of voting rights until restoration, firearm prohibitions, and immigration bars that can be triggered even by a plea agreement. Understanding the full weight of a Florida felony before entering any plea is critical.

  • Can a criminal defense attorney in West Palm Beach get a felony charge reduced or dismissed?

    Yes, felony charges are reduced or dismissed in Florida when an attorney can challenge the evidence, identify constitutional violations in how the arrest or search was conducted, or negotiate with prosecutors before charges are formally filed. The earlier skilled defense counsel gets involved, the more options typically remain available.

  • What should I look for when choosing a criminal defense attorney in West Palm Beach for a federal case?

    Look for an attorney who is admitted to practice in the Southern District of Florida federal court and has experience with federal sentencing guidelines, which are far more rigid than state sentencing. Federal cases move quickly and carry mandatory minimums, so prior federal court experience is not optional for serious charges.

  • How does a drug charge in Palm Beach County affect someone who is not a U.S. citizen?

    A drug conviction, and in many cases even a guilty plea, can make a non-citizen deportable, inadmissible, or permanently ineligible for certain visas and green cards under federal immigration law. An attorney who practices both criminal defense and immigration law can structure a defense strategy that accounts for both risks simultaneously.

  • How quickly should I contact a criminal defense attorney after an arrest in West Palm Beach?

    You should contact a criminal defense attorney as soon as possible after an arrest, ideally before making any statement to law enforcement. Evidence is preserved, witnesses are located, and pretrial options are widest in the hours and days immediately following an arrest, making early legal involvement consistently better for the outcome.

DUI FAQ:

  • Can a first time DUI be dismissed in Florida?

    It is possible based on the evidence. But this is true for any DUI. A DUI may be dismissed for various reasons. For example, if the evidence is weak, there were procedural errors by the officers, your breath sample was below impairment levels, medical problems that may explain your condition, etc.

  • How likely is jail time for first DUI in Florida?

    For a standard DUI in Florida, it is possible to get up to 6 months in jail. However, jail will depend on a number of factors. Quite often, the most important factor is actually jurisdiction or county. A first time DUI in Palm Beach is likely to receive less punishment than someone in say, Port St. Lucie or Martin County. And Enhanced DUI or DUI Crash, could result in sentences of 9 months and 1 year, respectively.

  • Why are DUIs punished so severely in Florida?

    DUI related crashes are responsible for a lot of lost lives. According to the AAA, approximately 30% of all traffic fatalities occurred in alcohol-impaired cases. This number account for approximately a quarter of a million deaths between 2000 to 2022.

  • What are the effects of drinking alcohol?

    Consuming alcohol can impair your ability to drive safely and significantly increase the likelihood of a crash. The effects can vary between lowering inhibition all the way to coma and death. See safety information by AAA.

  • Between what hours do most DUI arrest occur?

    Most DUI arrest occur on the weekends and at night, as you might have guessed. And on holiday, such as Fourth of July, New Year’s Eve/Day, St. Patrick’s Day, etc.

  • What is the DUI diversion program in Palm Beach County?

    A DUI Diversion or “wet reckless” is when your case is reduced to a Reckless Driving charge and you receive a withhold of adjudication (a non-conviction). Basically, they drop or nolle pros the DUI charge. You will be placed on probation for 12-months without any ability to early terminate. DUI diversion is only available in limited situation for first-time DUIs.

  • How can I get a DUI dropped in Florida?

    A DUI can be dropped for any number of reasons: weak evidence, police error, first-time DUI offender, lack of criminal history, low breath sample, clean urine or blood, plea bargain, diversion program, etc.

  • What percentage of DUI cases are dismissed in Florida?

    It is estimated that between 30% to 40 percent of the DUI cases in Florida are ultimately dismissed (this includes cases which are reduced to a DUI Diversion).

  • What is the most common sentence for a first DUI?

    The severity of the sentence depends on whether it’s a standard, enhanced or DUI Crash. But

    typically:

    1. Probation

    2. Suspended Driver’s License

    3. DUI School with Any Recommended Treatment

    4. Victim Impact Panel

    5. Fine & Court Costs

    6. Community Service

    7. Random Drug/Alcohol Testing

    8. Ignition Interlock

    9. Vehicle Immobilization

    10. And Possible Jail

  • What is the 10-day rule for DUI in Florida?

    Anyone arrested for a DUI in Florida must submit paperwork to the Florida Department of Highway Safety and Motor Vehicles within 10 calendar days of the arrest to either challenge the suspension or request a waiver (hardship license).

  • Is your license suspended immediately after a DUI in Florida?

    Your license is suspended once you are arrested for a DUI. However, you have a 10-day grace period where you may carry your DUI ticket as a temporary permit to drive. This 10-day allows you to apply for a hardship license or challenge the DUI arrest. See FLHSMV rules here.

  • Can you drive after getting a DUI Florida?

    After your DUI arrest, you license will be suspended. However, you may continue to drive using your DUI ticket for 10 calendar days as a temporary permit. See FLHSMV rules here.

Criminal Defense FAQ:

  • How long do you go to jail for petit theft (petty theft) in Florida?

    If the theft is for less than $100, you can receive up to 60 days in jail or up to 6 months’ probation. If the value was for more than $100, you can receive 1 year in jail or up to 12 months’ probation.

  • Can petty theft charges be dropped in Florida?

    Depending on your criminal history, the severity of the offense (amount involved), the victim’s wishes, strength of the evidence, etc., you may be able to get the case dismissed or receive a diversion.

  • How long does petty theft stay on your record in Florida?

    Like most arrest, it will stay on your record forever, unless you have it expunged or sealed.

  • How much is bail for petty theft in Florida?

    In Palm Beach County, most people charged with petty thefts are issues a notice to appear with a court date, and are never taken into custody (jailed). If you are taken into custody, you may be eligible for release on own recognizance (OR), supervised release (SOR) or a small bond, depending on the situation and criminal history.

  • What is the difference between petit theft and theft in Florida?

    Petty theft is for good or money stolen less than $750.

  • What is the penalty for retail theft (shoplifting) in Florida?

    For thefts less than $100, this is considered a petit theft and you can receive up to 60-days in jail or 6-months’ probation. For amounts greater than $100 or for a second offense, you could receive 1 year in in jail or 12 months’ probation.

  • What is Grand Theft in Florda?

    Any theft of property for $750 or more is considered Grand Theft, which is a felony.

  • What is the sentence for grand theft in Florida?

    For amounts ranging between $750 to $20,000, a third-degree felony, you can receive a sentence of up to 5 years in prison and $5000 fine. For amounts greater than $20,000, a second-degree felony, you can receive a sentence of 15 years in prison and $10,000 fine. For amounts over $100,000, a first-degree felony, you can receive a sentence of up to 30 years in jail and $10,000 fine.

  • What is the difference between theft and grand theft in Florida?

    Grand Theft is for value of goods of $750 or more. Anything less than $750 is considered a misdemeanor theft.

  • Can grand theft be expunged in Florida?

    Yes. Depending on the outcome and severity of the grand theft, you may be eligible to have it expunged or sealed.

  • What is the penalty for check fraud in Florida?

    Writing a fraudulent check is a third-degree felony in Florida, punishable by up to 5 years in prison and $5000 fine.


  • What is the sentence for scheme to defraud in Florida?

    For amounts less than $300, a first-degree misdemeanor, you can receive up to 1 year in jail and $1000 fine. For amounts less than $20,000, a third-degree felony, you can receive up to 5 years in jail and $5000 fine. For amounts between $20,000 and $50,000, a second-degree felony, you can receive up to 15 years in jail and $10,000 in fines.

  • What are the different types of fraud in Florida?

    The most common types of fraud in Florida are Organized Scheme to Defraud, Public Assistance Fraud, Credit Card Fraud, Bank Fraud, Check Fraud, Insurance Fraud, and Possess a Fake or Altered I.D. Card or Driver’s License.

  • What happens if you get caught with drugs in Florida?

    There are a wide variety of drug charges, ranging from first degree misdemeanor to first degree felony. With punishment ranging from up to 1 year in jail with up to 30 years in prison.

  • What is a felony drug charge in Florida?

    These include possession of any controlled substances without a valid prescription, possession of marijuana in excess of 20 grams, sale, manufacturing, trafficking, just to name a few.

  • What is the minimum sentence for drug trafficking in Florida?

    Drug trafficking can carry a minimum mandatory sentence starting at 3 years up to 30 years in prison, plus fines, depending on the type and amounts of drugs.

  • Can you get probation for drug trafficking Florida?

    It is possible. The amount, type of drugs, criminal history, circumstances, weight of evidence, etc., will determine whether you get jail, fines and/or probation.