Florida Criminal Defense Practice Areas

Our firm handles the full spectrum of Florida criminal charges — from misdemeanors to federal felonies. Select your charge below or call (863) 774-4556 for a free consultation. Hablamos Español.

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Core Practice Areas

Our primary criminal defense hubs — each with multiple dedicated subpages covering charges, penalties, and defenses under Florida law.

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Record Relief & Second Chances

Past charges don’t have to define your future. These programs and remedies can restore your record and your opportunities.

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Special Situations

Specialized defense for unique circumstances — from first-time offenders to people who haven’t been charged yet.

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Collateral Consequences

A conviction’s impact extends far beyond the sentence. These pages address what happens to your life, license, and status after a conviction.

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What Does a Board Certified Criminal Trial Lawyer Do That Other Attorneys Don’t?

“This is the highest level of recognition by The Florida Bar for the competency and experience of a lawyer practicing criminal trial law.”

— The Florida Bar

Board Certified Criminal Trial Lawyer Tonmiel Rodriguez at The Rodriguez Law Office — serving Polk, Highlands, and Hardee Counties — approaches criminal defense with a singular framework: every case is prepared as if it is going to trial, because thorough trial preparation is what produces the best outcomes at every stage, including plea negotiation. Board Certification in Criminal Trial Law from the Florida Bar requires demonstrated actual trial performance, peer evaluation by judges and other attorneys, and a written examination testing mastery of criminal law, evidence, and procedure. Less than 1 percent of Florida attorneys hold this certification. When the Florida Bar certifies a lawyer as a Criminal Trial specialist, it has independently verified the attorney’s special knowledge, skills and proficiency in criminal law, and professionalism and ethics, in their practice.

How Does the Florida Criminal Defense Process Work From Arrest to Resolution?

Understanding the process helps clients make informed decisions at each stage. Florida criminal cases follow a structured procedure governed by the Florida Rules of Criminal Procedure. Here is the typical sequence:

• Arrest or Notice to Appear: A case begins with an arrest and booking, or a Notice to Appear for less serious offenses. If you are arrested, a first appearance hearing is held within 24 hours for bond determination.
• Arraignment: The defendant is formally presented with the charges and enters a plea. Defense counsel typically files a written plea of not guilty in advance, waiving the in-person appearance.
• Discovery: The defense obtains the State’s evidence — police reports, witness statements, body camera footage, lab results, expert reports. Florida has broad discovery rules. The defense may also depose the State’s witnesses before trial, a significant strategic tool not available in all states.
• Pre-trial Motions: Motions to suppress evidence (challenging constitutional violations in the investigation), motions to dismiss (challenging the sufficiency of the charge), and other pre-trial motions are filed and argued. Cases are frequently resolved or materially narrowed at this stage.
• Plea Negotiation: At any point, the defense and prosecution may negotiate a plea agreement. Whether to accept a plea is the client’s decision — the attorney’s role is to ensure the client fully understands the options and consequences.
• Trial: If no acceptable resolution is reached, the case proceeds to jury trial or bench trial. The defendant is presumed innocent and the State must prove every element beyond a reasonable doubt.
• Sentencing: If convicted, sentencing is governed by Florida’s Criminal Punishment Code, which calculates a recommended sentence range based on the charge and the defendant’s record. Departures below the scoresheet are possible but require specific findings.

What Factors Should You Consider When Choosing a Criminal Defense Attorney in Polk County?

Choosing defense counsel is one of the most consequential decisions you will make in a criminal case. The credentials that actually predict courtroom performance include:

• Actual trial experience: The number of jury trials tried to verdict is the most meaningful measure of courtroom competence. Cases filed, cases handled, and cases resolved through plea agreements do not tell you whether the attorney can perform in front of a jury. Attorney Rodriguez has tried more than 75 jury trials in the 10th Judicial Circuit.
• Board Certification: The Florida Bar’s Board Certification in Criminal Trial Law is the most rigorous credential in Florida criminal defense. It requires trial performance, peer evaluation, and examination — not self-designation.
• Local circuit familiarity: Criminal defense is local. An attorney who regularly practices in Polk, Highlands, Hardee, Osceola, and Hillsborough Counties knows the specific judges, prosecutors, and court procedures in ways that out-of-area counsel cannot replicate.
• Personal handling of cases: The attorney you hire should be the attorney who handles your case — reviewing discovery, filing motions, appearing at hearings, and trying the case if it goes to trial.

What Happens If You Cannot Afford a Private Criminal Defense Attorney?

Florida provides public defenders to defendants who qualify based on financial need. Public defenders are lawyers who handle criminal cases exclusively — many are experienced and competent. However, public defenders carry extremely high caseloads in Florida, which limits the time and resources they can dedicate to any individual case. The decision between public defender and private counsel should be made with a clear understanding of these differences.

Why Does Hiring a Trial-Ready Criminal Defense Attorney Improve Plea Outcomes?

Prosecutors know which defense attorneys go to trial and which ones always accept whatever plea is offered. That knowledge shapes their behavior. When you are represented by an attorney with a documented trial record, the State Attorney’s Office is dealing with a lawyer who is credibly willing to try the case if the offer is not acceptable. That changes the calculus. Hiring a lawyer with 75+ jury trials does not just prepare you for the trial scenario — it improves the environment for every other outcome as well.

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Frequently Asked Questions — Florida Criminal Defense Practice Areas

What is the difference between a felony and a misdemeanor in Florida?

Misdemeanors carry up to one year in county jail. Felonies carry more than one year in state prison and are classified by degree: third-degree (up to 5 years), second-degree (up to 15 years), first-degree (up to 30 years or life), and capital felonies (life or death). The degree affects sentencing scoresheet calculations, collateral consequences including firearms rights and voting rights, and mandatory minimum exposure.

Should I talk to police before hiring a criminal defense lawyer?

No. Exercise your right to remain silent. Politely decline to answer questions and ask for an attorney. The Fifth Amendment protects you from being compelled to incriminate yourself. Law enforcement is trained to obtain statements, and anything you say can and will be used against you. This applies whether you are innocent, guilty, or a witness who is not a suspect — the risk of unintentional self-incrimination is real in all three scenarios.

How long does a criminal case take in Polk County?

Misdemeanors in Polk County typically resolve within 2 to 6 months. Felonies take 6 months to over a year, and serious or complex cases can extend significantly. Florida’s Speedy Trial Rule requires misdemeanor trials within 90 days and felony trials within 175 days of the filing of formal charges (as amended effective July 1, 2025), though waivers, tolling, and continuances affect these timelines in practice.

Do I need a lawyer for a first-time misdemeanor in Florida?

Yes. A misdemeanor conviction carries up to one year in county jail, probation, fines, license suspension, and a permanent criminal record that shows on background checks. An undefended misdemeanor conviction can affect employment, housing, professional licensing, and eligibility for future record relief. The cost of proper representation is almost always less than the long-term cost of an uncontested conviction.

What is a withhold of adjudication in Florida?

A withhold means the judge accepts a guilty or no-contest plea but does not formally enter a conviction. The defendant avoids adjudication of guilt, which preserves eligibility for record sealing in many cases and avoids triggering certain collateral consequences of conviction. Availability depends on the charge, the defendant’s history, and the prosecution’s agreement.

What does Board Certified Criminal Trial Lawyer mean in Florida?

The Florida Bar certifies attorneys in Criminal Trial Law who have demonstrated substantial jury trial experience, passed peer review by judges and attorneys, and passed a rigorous written examination. Less than 1% of Florida Bar members hold this certification. Attorney Tonmiel Rodriguez is Board Certified in Criminal Trial Law — independently verified by the Florida Bar, not self-designated.

Can charges be dropped before trial in Florida?

Yes. Charges can be reduced or dismissed through motion practice, diversion programs, or negotiated resolutions. A successful motion to suppress — excluding illegally obtained evidence — often causes the State to reduce or drop charges. Pretrial Intervention and diversion programs result in dismissal upon completion. Whether any of these outcomes is available depends on the specific charge, the evidence, and the defendant’s history.