# I am facing jail for a criminal offense (Florida). Need advice. **URL:** \ **Category:** Factual Questions\ **Created:** [September 20, 2002, 5:46pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843 "2002-09-20T17:46:49Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![PBear](https://avatars.discourse-cdn.com/v4/letter/p/839c29/32.png) [@PBear](https://boards.straightdope.com/u/PBear)\ **Post date:** [September 22, 2002, 6:09am UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/21 "2002-09-22T06:09:09Z")
Do let us know how it turns out, eh? ---
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [September 22, 2002, 3:45pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/22 "2002-09-22T15:45:56Z")
> [@](#): > > Yojimbo guy posted: > If you are facing a criminal charge, you have the right to a court appointed attorney. Ask for one. Call the local public defenders office. Actually, this usually only applies if you are being charged with a felony. This doesn’t apply to misdemenors. Again, every state is different. ---
**Author:** ![Fang](https://avatars.discourse-cdn.com/v4/letter/f/96bed5/32.png) [@Fang](https://boards.straightdope.com/u/Fang)\ **Post date:** [September 22, 2002, 4:26pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/23 "2002-09-22T16:26:37Z")
> [@](#): > > \*Originally posted by brujo \* > \*\*Actually, this usually only applies if you are being charged with a felony. This doesn’t apply to misdemenors. \*\* Not true. See [Amendment Six](http://www.archives.gov/exhibit_hall/charters_of_freedom/bill_of_rights/amendments_1-10.html#6): > [@](#): > > **In all criminal prosecutions** , the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and **to have the Assistance of Counsel for his defence**. Since misdemeanors are criminal prosecutions, and “Assinstance of Counsel for his defence” legally implies such assistance regardless of whether the defendant can pay, anybody charged with a misdemeanor has the right to counsel, publicly-funded if necessary. ---
**Author:** ![PBear](https://avatars.discourse-cdn.com/v4/letter/p/839c29/32.png) [@PBear](https://boards.straightdope.com/u/PBear)\ **Post date:** [September 22, 2002, 7:32pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/24 "2002-09-22T19:32:55Z")
Actually, neither of you have it quite right. Went looking on the net and found this description by the Nebraska Supreme Court of the current state of the law on the subject: > [@](#): > > The Sixth Amendment provides that “\*n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” The U.S. Supreme Court has held that a defendant has a Sixth Amendment right to counsel at trial in state courts for felony offenses and for lesser offenses when the defendant is sentenced to confinement. Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) (felony offenses); Argersinger v. Hamlin, 407 U.S. 25, 92 S. Ct. 2006, 32 L. Ed. 2d 530 (1972) (any offense, whether classified as petty, misdemeanor, or felony, for which imprisonment is imposed). > > ``` > The imprisonment standard in Argersinger v. Hamlin, supra, was further clarified in Scott v. Illinois, 440 U.S. 367, 99 S. Ct. 1158, 59 L. Ed. 2d 383 (1979), wherein the Court affirmed a defendant's uncounseled misdemeanor conviction for which no imprisonment had been imposed. The Court stated that "the central premise of Argersinger--that actual imprisonment is a penalty different in kind from fines or the mere threat of imprisonment--is eminently sound and warrants adoption of actual imprisonment as the line defining the constitutional right to appointment of counsel." (Emphasis supplied.) 440 U.S. at 373. > > ``` [State v. Stott](http://www.state.ne.us/home/ncpa/ctopinio/S97-641.htm) (1998). IIRC (this was over twenty years ago), the way traffic court works is that, since jail terms are so rare, no one is represented by counsel, paid or public defender. If the judge decides in a particular case that jail time might be appropriate (saw this happen once) s/he puts the case over to another date and tells the defendant to get a lawyer. Bottom line. Gozo doesn’t need a lawyer. And asking for one might even be dangerous, by getting the judge to consider whether jail time might be appropriate in a case where s/he otherwise probably wouldn’t. ---
**Author:** ![PBear](https://avatars.discourse-cdn.com/v4/letter/p/839c29/32.png) [@PBear](https://boards.straightdope.com/u/PBear)\ **Post date:** [September 22, 2002, 8:10pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/25 "2002-09-22T20:10:04Z")
Which isn’t intended to discourage you, Gozo, from consulting a lawyer if you can find one, e.g., through student services as someone suggested. I’m just saying you don’t NEED one, and hopefully won’t get one from the court. “Hopefully” because that’ll mean the judge is treating yours as a routine (non-jail-time) case. Oh, one other idea. If you can, go down to traffic court a week or two before your hearing. Sit quietly in the back and watch. It’ll give you a sense of how they do things. Think of it as orientation. 🙂 Don’t worry about being conspicuous. There’ll be dozens and dozens of people there. And all “business” happens at the front of the room. ---
**Author:** ![Gozu](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gozu/32/6615_2.png) [@Gozu](https://boards.straightdope.com/u/Gozu)\ **Post date:** [April 1, 2005, 8:53am UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/26 "2005-04-01T08:53:00Z")
> [@PBear](#): > > Do let us know how it turns out, eh? Better late than never eh? I went in an the judge dismissed all charges in about 10 seconds. Sorry for reviving an old thread. I was browsing through my old topics and I read PBear’s comment. ---
**Author:** ![spinky](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@spinky](https://boards.straightdope.com/u/spinky)\ **Post date:** [April 1, 2005, 9:34am UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/27 "2005-04-01T09:34:35Z")
Well, we’ve been worried sick! Thanks for finally letting us breathe a sigh of relief. 😃 ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [April 1, 2005, 10:43am UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/28 "2005-04-01T10:43:51Z")
THink of the wonderful story you will have when you get home (or of the Introduction to American Law you have had should you decide to stay. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [April 1, 2005, 2:01pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/29 "2005-04-01T14:01:08Z")
Sorry to go off-topic, but I just gotta ask: Since it appears that Florida forces you to procure a Florida license whether you’re a Florida resident or not, do you then qualify for in-state tuition rates? Or is Florida trying to “have its cake and eat it, too”? Or does this only apply for foreign licenses? Additionally, you’re not supposed to have more than one drivers license, i.e., no multi-state licenses, at least in most states. So if work sends to to Florida for six weeks, I’ve got to give up my Michigan license and get a Florida license, and then get another Michigan license when I go back to Michigan? Is all of this just some crummy scheme to extract as much money from the snowbirds is as possible in order to fund what’s otherwise just a crummy southern state with as much to offer as other southern states? ---
**Author:** ![ShibbOleth](https://avatars.discourse-cdn.com/v4/letter/s/848f3c/32.png) [@ShibbOleth](https://boards.straightdope.com/u/ShibbOleth)\ **Post date:** [April 1, 2005, 2:24pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/30 "2005-04-01T14:24:17Z")
> [@Balthisar](#): > > Is all of this just some crummy scheme to extract as much money from the snowbirds is as possible in order to fund what’s otherwise just a crummy southern state with as much to offer as other southern states? Speaking as a Florida resident (and not a legal specialist): Probably. 😛 Actually, I’d suspect were one to carefully read the Florida statutes, the XX days/weeks/months have to have a license rule probably applies to people who have moved here to establish residence. We get people in our county every year who stay for a number of months before scatting back up north. They don’t change their vehicle tags nor do most, I suspect, bother with a Florida license. It’s probably easy enough in the case of a traffic stop to insinuate that you are only in town for a few days as a tourist. Somebody explain to me again why a national driver’s license is a bad thing? ---
**Author:** ![butler1850](https://avatars.discourse-cdn.com/v4/letter/b/779978/32.png) [@butler1850](https://boards.straightdope.com/u/butler1850)\ **Post date:** [April 1, 2005, 5:47pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/31 "2005-04-01T17:47:01Z")
It’s the tinfoil hat crowd. I figure that the USGovt knows enough about me already, and I see no problem with this! Certainly would make a lot of things much easier. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [April 1, 2005, 6:22pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/32 "2005-04-01T18:22:56Z")
> [@Balthisar](#): > > Sorry to go off-topic, but I just gotta ask: > > Since it appears that Florida forces you to procure a Florida license whether you’re a Florida resident or not, do you then qualify for in-state tuition rates? Or is Florida trying to “have its cake and eat it, too”? Or does this only apply for foreign licenses? > > Additionally, you’re not supposed to have more than one drivers license, i.e., no multi-state licenses, at least in most states. So if work sends to to Florida for six weeks, I’ve got to give up my Michigan license and get a Florida license, and then get another Michigan license when I go back to Michigan? > > Is all of this just some crummy scheme to extract as much money from the snowbirds is as possible in order to fund what’s otherwise just a crummy southern state with as much to offer as other southern states? For the OP, it doesn’t matter since the charges were dismissed, but I don’t think it’s necessary for out-of-state college students to get a Florida driver’s license. Here’s a quote from the DMV handbook (admittedly not the actual law): > [@Florida Driver's Handbook](#): > > The following persons may drive in Florida without a Florida driver license, if they have a valid license from another state or country: > • Any non-resident who is at least 16 years old. > • Persons employed by the United States government driving a United States > government motor vehicle on official business. > • Any non-resident working for a firm on a contract for the United States government. > (This exemption is only for 60 days.) > • **Any non-resident attending college in Florida**. ---
**Author:** ![Gozu](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gozu/32/6615_2.png) [@Gozu](https://boards.straightdope.com/u/Gozu)\ **Post date:** [April 1, 2005, 9:03pm UTC](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843/33 "2005-04-01T21:03:03Z")
> [@Balthisar](#): > > Sorry to go off-topic, but I just gotta ask: > > Since it appears that Florida forces you to procure a Florida license whether you’re a Florida resident or not, do you then qualify for in-state tuition rates? Or is Florida trying to “have its cake and eat it, too”? Or does this only apply for foreign licenses? No, you don’t qualify for in-state tuition. However, I don’t really mind this policy. A driving license proves most useful as an ID and saves you the trouble of having to lug your passport everywhere. Since the fee for getting a driver’s license is very reasonable, it’s all ok in my book. [Previous page](https://boards.straightdope.com/t/i-am-facing-jail-for-a-criminal-offense-florida-need-advice/128843.md?page=1)