FAQs - Law Offices of Andrew Shein

Q: CAN THE COURT DENY MY PETITION FOR SEAL/EXPUNGE?

Yes, the Court can deny a petition but it is very rare.

Q: IF MY CRIMINAL RECORDS ARE SEALED OR EXPUNGED, CAN I DENY BEING ARRESTED OR HAVING A CRIMINAL RECORD?

After a record is SEALED, the petitioner may lawfully deny the arrest and the court case for the offense. HOWEVER, he/she must still disclose the sealed record in specific situations listed in Florida Statutes 943.059. Similarly, when a record is EXPUNGED, the petitioner may deny the arrest and the court case BUT must still disclose the expunged record in specific situations listed in Florida Statutes 943.0585.

Q: WHAT IS THE DIFFERENCE BETWEEN ADJUDICATION OF GUILT AND A WITHHOLD OF ADJUDICATION OF GUILT?

In Florida, a person who pleads guilty or no-contest to a criminal charge or who goes to trial and is found guilty of a criminal charge will be sentenced by a Judge. The Judge can sentence someone to an ADJUDICATION OF GUILT or the Judge can WITHHOLD ADJUDICATION OF GUILT. If the Judge adjudicates you guilty, it means you have been formally found guilty of the crime and you are convicted of the crime. For both misdemeanor and felony convictions, this will be on your permanent record. For felony charges, you will be a convicted felon and face many restrictions of your liberties (i.e. unable to vote, possess firearms, denied certain employment, etc). You must be convicted in order to be sentenced to jail or prison time. Additionally: If you are convicted of a drug offense, the Department of Highway Safety and Motor Vehicles (DHSMV) may suspend your driver’s license for two years. If you plea guilty, no contest, or are found guilty by a jury of a DUI, you must be ADJUDICATED GUILTY. If you are adjudicated guilty of any crime, you are not eligible to have that crime or any other crime (prior or subsequent) sealed or expunged from your record. If the Judge withholds adjudication of guilt, it means you have not been formally found guilty of the crime and there is no conviction. It is possible to plea guilty to a crime but still receive a withhold of adjudication and thus, not be convicted of the crime. However, for punishment, the Judge can still order you to probation or other sanctions. If you receive a withhold of adjudication of guilt, you can lawfully deny being convicted of a crime. You may also be eligible to have your criminal record sealed.

Q: WHAT IS THE DIFFERENCE BETWEEN PLEADING NOT GUILTY, GUILTY, OR NO-CONTEST?

There are three types of pleas: NOT GUILTY: means you formally deny committing the crime of which you are accused. If you plea Not Guilty, your case will proceed towards a trial where the State must prove you guilty of the crime. You can change this plea at any time during the course of the Court case. GUILTY: means you formally admit to committing the crime of which you are accused. NO-CONTEST: means you do not admit to committing the crime nor do you deny committing the crime. Rather, you admit that the STate can prove the case against you. For sentencing purposes, either a plea of Guilty or No-Contest will result in the same sentence.

Q: WHAT IF I WASN’T READ MY MIRANDA RIGHTS?

Miranda Rights are: 1.) You have the right to remain silent. 2.) Anything you say can and will be used against you. 3.) You have the right to an attorney before and during any interrogation. 4.) If you cannot afford an attorney, you have the right to have an attorney appointed to you before and during any questioning. Miranda Rights apply only when a person is detained by the police or a person is not free to leave AND, the person is being asked questions by the police which may result in an incriminating response. A person who is accused of committing a crime by law enforcement must be read his/her Miranda Rights before he/she can be subjected to a custodial interrogation. You can be arrested and NEVER read your Miranda Rights. If you are detained and the officer wants to question you about the crime, the police officer must first read you your Miranda Rights. If you are detained and questioned without Miranda Rights, the criminal case usually will not be dismissed. But, the statements you made without the Miranda Rights may be suppressed and not allowed to be used against you.

Q: WHAT IS A BOND? AND HOW DO I GET OUT OF JAIL?

The bond is used to insure you will appear at each and every Court hearing until the case is fully resolved. Each crime usually has a standard bond amount that attaches once you are booked into jail. In order to be released from jail, you need to post that bond amount. The more serious the crime, the higher the bond amount. Some crimes (domestic violence battery, violent crimes, sex crimes, and certain drug trafficking crimes) have NO BOND and you must stay in jail until your case is heard by a Judge. When you are booked in jail, you will be told your bond amount. If you want to get out of jail, you have two options: Option 1: Have a friend or family member (“depositor”) come to Orient Road Jail with the full amount in cash. This is called a “cash bond”. You will be released from jail – although it may take many hours to be processed through the system. If you appear at all court hearings (unless your attorney appears on your behalf), the depositor will get the cash bond returned to them once the case is finished in Court. HOWEVER, if you are found guilty of the crime, the Court may order you to pay court costs out of the posted cash bond amount. If so, the remaining balance will be returned to the depositor. Option 2: You, a friend or family member can hire a bondsman. Typically, the depositor will give the bondsman 10% of the total bond amount (called “the juice”). This “juice” will not be returned to the depositor but is considered the bondsman’s fee. In addition to the “juice”, the depositor will have to come up with collateral equal to the 90% remaining balance. The collateral may be a title to a car, house, jewelry, etc. Once your court case is finished, and you appear at all the court hearings, then the collateral is returned to the depositor. If you fail to appear at the Court hearing, then the collateral can be kept by the bondsman.