Fort Myers Criminal Defense Lawyer

Under Fla. Stat. § 775.15, the State generally must begin prosecution within 4 years for a first-degree felony, 3 years for any other felony, 2 years for a first-degree misdemeanor, and 1 year for a second-degree misdemeanor. Capital, life, and certain other felonies have no time limit. Deadlines can be tolled in specific situations, so confirm your exact timeline with an attorney.

Florida’s speedy-trial rule, Fla. R. Crim. P. 3.191, generally requires the State to bring a defendant to trial within 90 days of arrest for a misdemeanor and 175 days for a felony, unless the defense waives the right or continuances apply. If those deadlines pass, your attorney may be able to file a notice of expiration and seek discharge.

Under Fla. Stat. § 316.193, a first DUI is a misdemeanor carrying a fine of $500–$1,000, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, license revocation, and mandatory DUI school. Penalties increase with a blood-alcohol level of 0.15 or higher, a minor in the vehicle, or an accident. A first DUI generally cannot be sealed or expunged if you are convicted, which makes early defense critical.

Possibly. Under Fla. Stat. § 943.0585, a record may be expunged (destroyed) in limited circumstances — often where charges were dismissed or never filed — and under Fla. Stat. § 943.059 a record may be sealed. You are generally eligible for only one lifetime seal or expunge, and many offenses are excluded. An attorney can confirm your eligibility and file the petition with the Florida Department of Law Enforcement.

Invoke your right to remain silent and your right to counsel, and do not discuss your case with police, jail staff, or over recorded jail phone lines. Do not consent to searches. Write down everything you remember while it is fresh, and preserve any video, texts, or witness contacts. Then contact a criminal defense attorney before your first court date. Call ATLAS Defense Law at 239-441-4968.

ATLAS Defense Law is based in Fort Myers and serves Southwest Florida, including Lee, Collier, Charlotte, and Sarasota counties. Lee County cases are handled in the Twentieth Judicial Circuit. The firm handles DUI, drug crimes, domestic violence, theft, gun crimes, homicide, juvenile offenses, expungement, injunction defense, and probation violations.

Under Fla. Stat. § 741.28, domestic violence includes battery committed against a family or household member, and battery is defined by Fla. Stat. § 784.03 as intentionally touching or striking another person against their will, or causing bodily harm. A domestic violence battery conviction carries mandatory conditions and generally cannot be sealed or expunged, so it should be defended aggressively from the start.