MAGILLIGAN LAW CRIMINAL DEFENSE & IMMIGRATION LAWYER IN FLORIDA, HELPING CLIENTS IN THEIR TIME OF NEED

The process for filing for an immigration visa is slightly different for each visa type, but in general, you will start by meeting at an immigration attorney’s office to find out which visas may work for your situation and which one is the best choice. Once you have identified the visa you want to apply for, you will need to submit the appropriate form to the United States Citizenship and Immigration Services office along with the filing fee and any other supporting documentation. Once the application has been reviewed, you will get a letter with your decision and information on the next steps.

In many cases, it is possible to appeal a negative immigration decision, but it depends on what type of status you are seeking and the reason for denial. When you get your letter of denial from the United States Citizenship and Immigration Services office, it should have information inside about whether you can appeal — or take any other action — and how long you have to do so. It will also have instructions on how to file an appeal if applicable, but it’s best to talk with an immigration attorney about your options before moving forward.

If you’re charged with a crime in Florida, you enter into the criminal justice system. You will be arrested by police and taken to jail for booking, which can include getting your fingerprints and a picture taken. At the arraignment hearing, you will enter your plea, and the next hearing date will be set. As soon as you are arrested, it’s important to say that you want your attorney present and not to answer any questions until the attorney is there. Your lawyer will explain to you what happens next, including whether you are granted bail and when the next hearing will be.

Whether you will have to go to trial in Florida depends on whether you plead guilty or not guilty. If you plead guilty, you will not have to go through the process of a trial, but you may still have to attend a sentencing hearing. By pleading guilty, you are basically agreeing with and accepting the conviction, so you will need to be sentenced. If you plead not guilty, your case will move forward with a trial unless the prosecution decides to drop the charges. This does happen but is very rare, so it’s important to talk with your attorney about what to expect.

A plea deal is when you agree to plead guilty to a crime in exchange for reduced charges or a lesser sentence. These deals are worked out between the defense and the district attorney’s office. While a plea deal may not be appropriate in all cases, it can be a solid strategy for some defendants, especially if they have multiple previous convictions or the case against them is very strong. However, it’s important to realize that by pleading guilty, you are giving up your right to a trial and that you will have a criminal record for the rest of your life.

Misdemeanor charges are less serious than felonies, but it’s still important to have an experienced Florida attorney representing you. In some cases, misdemeanor charges can be elevated to the felony level, and even if they aren’t, you can still face up to 1 year in the county jail and substantial fines and fees if you’re convicted. Our firm offers a free 15-minute case evaluation so that you can get a better understanding of your charges and how an attorney can help. We will go over your case, including the evidence against you, and help you determine what defense strategy is the best option.

Florida’s three-strikes rule applies to repeat offenders convicted of violent felonies. Similar to the “three strikes and you’re out” in baseball, it means that if you are convicted of three violent felonies in the state of Florida, you could face higher penalties, including up to life in prison. This is an important legal issue to be aware of, as it can inform your defense options. If you already have felony convictions, your defense team may want to consider a plea deal or other options that could potentially lower the charges to a misdemeanor level to avoid these harsher penalties.

Avoiding jail time is one of the most common concerns that our clients talk about and with good reason. Nobody wants to be away from their friends and family and be incarcerated. Whether it’s possible to completely avoid jail time depends on the charges, whether there is a past criminal history, and the circumstances surrounding the case. Our goal is always acquittal, but if that’s not possible, our team will do everything in our power to minimize any jail time. In some cases, this may involve a plea deal, where you plead guilty in exchange for probation or a lesser sentence.