Miami Criminal Defense Attorney
Helping you navigate the Miami criminal justice system. Nationally ranked top 10 firm for exceptional and outstanding client service.

Frequently Asked Questions

Criminal Defense FAQ

Those who are not professional criminal defense attorneys are often overwhelmed by the process if they are arrested. You may have many questions and anxieties about what will happen next and how you should proceed. The Law Office of Thomas W. Mote II, PA can provide you with the legal advice you need and can represent you in court or in a settlement scenario.

The following is a list of common questions regarding the criminal process. This list is far from exhaustive and further inquiries can be directed to Attorney Thomas Mote. Call (305) 374-6683 to schedule a free case consultation.

  • What are my rights once I am arrested?
    As soon as you are arrested, you have the right to an attorney and the right to remain silent. If police intend to question you, they must read you your rights (known as Miranda rights) and respect these rights at all times.
  • What is the difference between a misdemeanor and a felony?
    These are the two classes of criminal charges—misdemeanors are for lesser offenses which, if jail time is included, will be no more than one year in length. Felonies for such offenses as violent crimes, sex offenses, or theft crimes can result in heavy fines and more than one year served in a state prison rather than a county jail.
  • Will I have to register as a sex offender if charged with a sex crime?
    If you were charged with a capital, life, or another degree of felony for a sex offense you will need to register as a sex offender, especially if the offense was committed against a minor. Sex offender registry restricts where you can live, work, and travel since you cannot stay within a certain distance of a school or childcare facility.
  • Why should I hire an attorney?
    Having a Miami criminal defense attorney means a better understanding of your rights and legal options during trial. An attorney can ensure you are facing the appropriate charges and fight back against any improper law enforcement tactics. A good attorney can conduct their own investigations, collect evidence, and contest the prosecution’s case.
  • What is a Withhold of Adjudication?
    A Withhold of Adjudication is also known as deferred prosecution and is the chance to have your record remain clean, in most offenses, and no conviction entered into it if you complete the terms of your probation. The conviction can be removed if the court agrees to seal your case and no conviction will show on your record.

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