Criminal Law Questions? Ask a Criminal Lawyer.
Hi Jacustomer,Yes, your stepson should have a lawyer as criminal charges can have lifetime consequences and he will need to know his rights and to be able to make intelligent choices regarding his case.Disorderly conduct/breach of the peace is a misdemeanor of the second degree in Florida. that means it has a maximum penalty of 60 days in prison and or a fine of up to $500. Here's the section of the law with which he was charged. Resisting arrest without violence carries a maximum penalty of a year in jail, as is is a misdmeanor of the first degree. The minimum for this would be a sentence of probation or a fine of up to $1,000.If he is incarcerated and you are unable to bond him out, he will be eligible for a free lawyer. When he comes before the judge, he can plead not guilty at his arraignment and ask for a public defender. All public defenders are experienced criminal lawyers.Otherwise, lawyers charge according to how much time they think they are going to have to put into a case. If this is a quick plea, it can be in the hundreds for a lawyer to appear. If it's going to trial or requires a lot of court appearances to resolve it, the fee can be in the thousands, even for a misdmeanor case.To get a more precise ballpark figure for your part of the country, you can ask the Florida State Bar Association's Lawyer Referral Service and they can tell you the going rate for your county. If from there, you want to retain a private lawyer for him, they can refer you to someone for a $50 fee which includes a half hour free consultation with the lawyer.If he has no criminal record, he is probably looking at no worse than probation for this offense if he wants a plea agreement. But a lawyer may be able to do better than that for him.Good luck!
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