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Florida Criminal Defense · Central Florida

Charged with a crime, or worried you might be?

McNamara Law defends people accused of misdemeanors and felonies in Florida courts. We represent clients before charges are filed, while police or prosecutors are still investigating, and after a case has been filed, from first appearance through resolution or trial.

When to Call

Representation before charges are filed and after.

Many people wait until they're formally charged to hire a lawyer. In Florida, the State Attorney's Office decides whether to file charges, and which charges to file, after reviewing the police investigation. The earlier you have counsel, the more opportunities there are to shape that decision.

Before Charges

Pre-filing & investigation representation

If a detective has called you, police want to "get your side of the story," you've received a target letter, or you were arrested and are waiting for a filing decision, now is the time to act.

  • We handle communication with law enforcement so you don't make statements that become evidence against you
  • We present mitigating information to the prosecutor before a charging decision is made
  • We advocate for reduced charges, diversion, or no charges where the facts support it
  • We protect your rights during searches, interviews, and requests for evidence
After Charges

Defending a filed criminal case

Once charges are filed, your case moves on a court schedule with real deadlines. We step in at any stage and build the defense from the evidence up.

  • Bond & release conditions, including no-contact orders
  • Arraignment & discovery, including police reports, video, and witness statements
  • Motions to suppress or dismiss when evidence was obtained unlawfully
  • Negotiation toward reduced charges, diversion, or a withhold of adjudication
  • Trial when the right answer is to make the State prove its case
Criminal Defense Services

Florida criminal matters we handle

From traffic-related misdemeanors to serious felonies, every charge deserves a careful defense.

Misdemeanor

Misdemeanor Defense

A misdemeanor can still mean jail, probation, fines, and a permanent record. We fight to keep your record clean through dismissal, diversion, or a withhold of adjudication where possible.

Felony

Felony Defense

Felony convictions carry prison exposure and lifelong consequences for employment, housing, firearms, and immigration status. We prepare every felony case thoroughly from the first day.

Fla. Stat. § 316.193

DUI

A DUI arrest creates two cases: the criminal charge and an administrative license suspension. You generally have only 10 days from the arrest to request a review of the suspension.

Fla. Stat. § 322.34

Driving While License Suspended / Revoked

Knowingly driving while suspended is a crime, and penalties increase with each offense; a third conviction can be a felony. Many suspensions can be resolved, which can change the outcome of the case.

Battery · DV

Battery & Domestic Violence

Domestic violence arrests move fast and often come with no-contact orders and injunctions affecting your home and children. The State, not the alleged victim, decides whether a case proceeds.

Theft · Property

Theft & Property Crimes

Retail theft, grand theft, burglary, criminal mischief, and dealing in stolen property. Value thresholds and prior history can turn a misdemeanor into a felony.

Fla. Stat. Ch. 893

Drug Charges

Possession, possession with intent, paraphernalia, and trafficking charges. Search-and-seizure issues are often central, and diversion or drug court may be available.

Probation

Violation of Probation

A violation is decided by a judge, not a jury, under a lower standard of proof, and the judge can impose up to the maximum sentence for the original offense. Fast, prepared representation matters.

Fla. Stat. § 943.0585 · .059

Sealing & Expungement

Eligible records can be sealed or expunged so they no longer appear on most background checks. Eligibility rules are strict and generally allow one sealing or expungement in a lifetime.

Pre-Filing

Pre-Filing & Criminal Investigation Representation

If you're under investigation or awaiting a charging decision, we can step in now, before formal charges, to protect you and advocate on your behalf.

How pre-filing works →
Non-Citizens

Immigration Consequences of Criminal Cases

For non-citizens, a plea that seems minor can lead to detention, deportation, or denial of a green card or citizenship. Because we also practice immigration law, we evaluate both sides before any plea.

And More

Other Florida Criminal Matters

Including criminal traffic offenses, resisting without violence, trespass, and other charges in courts throughout Central Florida.

Call (407) 832-1307 →
How a Case Moves

The stages of a Florida criminal case

Knowing what comes next takes some of the fear out of the process. We'll guide you through each stage.

i

Investigation or arrest

Police investigate, make an arrest, or issue a notice to appear. Pre-filing representation can begin here.

ii

First appearance & bond

After an arrest, a judge reviews probable cause and sets bond and release conditions.

iii

Filing & arraignment

The State Attorney decides what to file. At arraignment, a plea of not guilty is typically entered.

iv

Discovery & motions

We obtain the State's evidence, depose witnesses, and challenge unlawful stops, searches, and statements.

v

Resolution or trial

Dismissal, diversion, a negotiated resolution, or a trial before a judge or jury.

Criminal Defense Questions

What people ask us after an arrest

Straight answers to common questions about Florida criminal cases.

Call us now

You have the right to remain silent and the right to an attorney, and you can politely use both. Innocent people are often hurt by statements that are incomplete, misremembered, or taken out of context. Let a lawyer communicate for you.

Usually, yes. An administrative suspension typically begins at the time of arrest, and the citation serves as a temporary permit for a short period. You generally have 10 days from the arrest to request a formal review hearing or pursue other options. Missing that window can cost you driving privileges, so call promptly.

Not on their own. In Florida, the State Attorney decides whether to prosecute. The alleged victim's wishes can matter, but the State can proceed without their cooperation. Violating a no-contact order, even at the alleged victim's invitation, can lead to new charges.

It means the court does not formally convict you, even though you are sentenced, often to probation. For many purposes you were not "convicted," and a withhold may preserve eligibility to seal the record. It is not available for every offense and is not treated the same way for immigration purposes.

A sealed record still exists but is confidential and hidden from most public background checks. An expunged record is physically destroyed or removed, with limited exceptions. Eligibility depends on the outcome of the case and your history; in general, Florida allows only one sealing or expungement in a lifetime.

Not before getting immigration advice. Some pleas, including some that avoid jail, can trigger detention or deportation or block future immigration benefits. We evaluate the immigration impact of any plea before you accept it.

Other Practice Areas

Legal help beyond criminal defense

The sooner you call, the more we can do.

Whether you're under investigation or already have a court date, a conversation with a lawyer is the first step toward protecting your record and your future.