A Florida judge can sentence below the scoresheet only when the defense proves a legal reason for it with evidence, and most of that evidence lives in the client’s own life story. I have made that argument for more than 25 years in Hillsborough County courtrooms, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and our attorneys build mitigation into the case from the first week rather than waiting for a sentencing date.

What is a mitigation report in a criminal case?

A mitigation report is an organized, evidence-backed presentation of everything a prosecutor or judge should weigh before deciding what a case is worth. It answers the question behind most plea offers and sentences in Hillsborough, Pinellas, and Pasco courtrooms: who is this person, and what outcome actually protects the community? A one-page character letter does not do that job. A mitigation report is a full social history, with records attached, written so a busy prosecutor can absorb it in one sitting.

Mitigation matters because most criminal cases are decided at the charging and sentencing stages, not at trial. Our firm uses the report in three places: before charges are filed, during plea negotiations, and at a sentencing hearing where we ask the judge for a sentence below the guidelines. Because mental health so often drives mitigation, it is also central to the work on our Tampa criminal mental health lawyer page.

What goes into a mitigation report?

A strong mitigation report covers the client’s whole life, and each point is backed by a record, a witness, or an expert. Our reports typically run many pages and are organized by the areas a Florida court weighs.

The report takes several hours to prepare, and it requires real time from the client, who has to talk honestly about difficult parts of their life. That effort is what makes it persuasive. Prosecutors see form letters every day, and a report with records behind every sentence stands out.

How does a mitigation report support a downward departure in Florida?

A mitigation report supports a downward departure by proving, with evidence, one of the legal reasons Florida allows a judge to sentence below the lowest permissible sentence. Under section 921.0026, Florida Statutes, a departure is prohibited unless circumstances “reasonably justify” it, and the statute lists mitigating circumstances that do.

The Florida Supreme Court described the process in Banks v. State, 732 So. 2d 1065 (Fla. 1999), an aggravated assault case where the victim suffered a permanent eye injury and the trial judge imposed probation and restitution instead of prison. The court reinstated that departure and explained the two steps: first, the judge decides whether a valid legal ground exists and whether the facts supporting it are proved by a preponderance of the evidence; second, the judge decides whether a departure is the best sentence after weighing all the circumstances. A mitigation report is built to win both steps.

The mental health mitigator is the one we prove most often. In State v. Chubbuck, 141 So. 3d 1163 (Fla. 2014), a cocaine trafficking case, the Florida Supreme Court held that a defendant seeking a departure under paragraph (2)(d) must prove three things by a preponderance of the evidence: a qualifying mental disorder or physical disability, a need for specialized treatment, and amenability to that treatment. The court also held that the defendant does not have to prove the Department of Corrections cannot provide the treatment, though the State may offer evidence that it can. A mitigation report is where those three elements are proved.

Is addiction a mitigating factor for a downward departure in Florida?

No, not by itself. Section 921.0026(3) says a defendant’s substance abuse or addiction, including intoxication at the time of the offense, “does not, under any circumstances, justify a downward departure,” with one exception: paragraph (2)(m) allows a departure for a nonviolent felony scoring 60 points or fewer when the defendant qualifies for a postadjudicatory drug court program.

That is why dual diagnosis matters. The paragraph (2)(d) mitigator requires a mental disorder “unrelated to substance abuse or addiction.” When a client struggles with addiction and also has a separate condition, such as depression, PTSD, or a bipolar disorder, the mitigation report documents that separate diagnosis. Once it is established, both conditions can be addressed together in one treatment plan, and the departure rests on the separate disorder. Our guide to how to get a downward departure in Florida covers every statutory mitigator in more detail.

The Legislature considered narrowing this mitigator in 2026. CS/SB 1326 would have limited the mental health mitigator to severe conditions and barred its use for certain offenses, but the bill died in committee on March 13, 2026, so section 921.0026(2)(d) remains in force as written.

How often do Hillsborough County felony cases end below the prison threshold?

Often enough that mitigation is worth doing in nearly every serious case. According to the Florida Department of Corrections’ Criminal Punishment Code report for FY 2023-24, Florida courts sentenced on 85,420 felony scoresheets that year, and 6,309 of them came from the 13th Judicial Circuit in Hillsborough County.

Under the Code, a scoresheet totaling more than 44 points makes state prison the lowest permissible sentence unless the judge departs or another sentencing law applies. Yet in FY 2023-24, 1,400 Hillsborough County scoresheets that scored more than 44 points ended in a county jail sentence, and another 690 ended in probation, according to the same Department of Corrections report. Those outcomes do not happen by accident. They come from plea negotiations and sentencing hearings where the defense gave the State or the judge a documented reason to go lower.

Research backs up what we see in court. In Modern Sentencing Mitigation, 116 Northwestern University Law Review 1395 (2022), Professor John B. Meixner Jr. coded defense sentencing memoranda from federal felony cases and found that mitigating evidence was a central predictor of the sentences judges imposed, with science-based arguments about mental and physical health among the most persuasive. A well-documented report gives the judge the same kind of evidence in a Florida courtroom. Our county work is described on our Hillsborough County criminal defense attorney page.

Why does our firm include the mitigation report in the representation?

Our firm includes the mitigation report because meaningful mitigation is often either missed or sold as an extra. Some attorneys have never prepared one and do not recognize the moments when it would change the result. Others charge a separate fee before anyone builds the client’s story. On the cases that need it, The Brancato Law Firm includes a comprehensive mitigation report as part of the representation, so the work that most often moves a prosecutor is neither overlooked nor gated behind another invoice.

Sometimes a case needs more than our report. A psychosexual evaluation, a forensic risk assessment, or a neuropsychological workup can supply the formal diagnosis or scored risk level a departure requires. When that adds real value, we bring in the right expert, the expert’s fee is paid directly to the expert, and we tell the client up front why we think it is warranted.

When does a case need a mitigation report?

A case needs a mitigation report whenever the outcome depends on the prosecutor’s or judge’s view of the client as a person, which is most felony cases. We prepare one on every case where the client will need it. If we can resolve a case quickly, for example through a pretrial diversion program, a full report may be unnecessary, and we will not ask a client to spend hours on work the case does not require.

Knowing the difference is a skill. My years leading the Public Defender’s Office and handling homicide, sex crime, and child abuse cases in the Major Crimes Unit taught me when a mitigation report is the tool that changes the outcome and when the case can be won another way.

Can a mitigation report stop charges before they are filed?

Yes, sometimes. The State Attorney’s Office reviews a case before deciding what to charge, and during that window our attorneys can present mitigation directly to the assigned prosecutor. In our experience, early mitigation has persuaded prosecutors to file a lesser charge or to decline a case. The earlier we start, the more room we have, which is why we explain the process on our page on representation before charges are filed.

Real results where mitigation made the difference

These are actual outcomes from our office. They show what disciplined mitigation, sometimes ours alone and sometimes paired with an expert and the client’s own treatment, can accomplish.

Child pornography charges reduced to a non-registerable offense (June 2026). Our client faced four counts of possession of child pornography, felonies that would have required lifetime sex offender registration. He contacted the firm after law enforcement visited his home but before any arrest. We moved immediately on mitigation, referring him to treatment and building an extensive mitigation packet that included an independent risk assessment. That mitigation, combined with Rocky Brancato’s review of the files, convinced the prosecutor to reduce the charges to four counts of obscenity, an offense that requires no sex offender registration. The client received a withhold of adjudication and three years of probation.

Below-guidelines probation after a trafficking conviction (July 2025). In a solicitation to commit human trafficking case tried to a jury, the client was convicted. The mitigation work and the treatment he completed before trial led the judge to depart from the guidelines and sentence him to probation. Because of that treatment, he kept contact with his child and was allowed to use the internet on probation, relief that rarely comes with such a conviction.

Past results do not guarantee future outcomes.

Frequently asked questions

Who writes the mitigation report in a Florida criminal case?

The defense team writes it, using interviews, records, and when needed an expert’s evaluation. At The Brancato Law Firm, our attorneys and staff prepare the report in-house and present it to the prosecutor or judge ourselves, so the person arguing the case knows every page of it.

Is a mitigation report the same as a presentence investigation report?

No. A presentence investigation (PSI) is prepared by the Department of Corrections at the judge’s request, while a mitigation report is prepared by the defense to advocate for the client. The Brancato Law Firm reviews any PSI for errors and uses our own report to fill in what the PSI leaves out, as described on our criminal mental health defense page.

How long does it take to prepare a mitigation report?

A thorough report takes several hours of client interviews plus the time needed to collect records, which can mean weeks for medical or school files. The Brancato Law Firm starts gathering records early so the report is ready before the plea deadline or sentencing date.

Does a mitigation report help in a sex crime or child pornography case?

Yes. In sex offense cases, treatment, a psychosexual evaluation, and a documented risk assessment can persuade a prosecutor to reduce a charge or a judge to depart, as our June 2026 result shows. The Brancato Law Firm often pairs our report with an independent evaluation in these cases, and our page on pre-file advocacy explains how early that work can start.

Can a mitigation report be used if I already lost at trial?

Yes. A conviction at trial does not prevent a downward departure, and the judge can still weigh mitigation at the sentencing hearing, as happened in our July 2025 trafficking case. The Brancato Law Firm prepares the sentencing presentation while the trial is still being prepared, so nothing is lost if the verdict goes the wrong way.

Does a mitigation report cost extra at The Brancato Law Firm?

No. The report is included in the representation on every case that needs one, and only an outside expert, when one is warranted, is paid separately and directly. The Brancato Law Firm tells clients before any expert is retained what the evaluation will add and why we recommend it.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Talk to us before the State builds its case

The best time to start a mitigation report is the week of the arrest, or before charges are filed, while records are easy to collect and the prosecutor has not yet made up their mind. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Criminal Mental Health page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

To choose a DUI defense attorney in Tampa, look for a lawyer who has taken DUI cases to jury trial and can give you case numbers to check. Before you sign, find out which attorney will actually handle your case. Get in writing what the fee covers, including the request to review your license suspension. Make the choice in the first few days after the arrest. Florida gives you 10 days from the date your notice of suspension was issued to request a review of the suspension. The lawyer you hire should be the one who makes that request.

Rocky Brancato, who founded The Brancato Law Firm, has more than 25 years of criminal defense experience. He spent most of those years at the Hillsborough County Public Defender’s Office, where he served as Chief Operations Officer and oversaw a staff of over 100 attorneys. In his book on choosing a criminal defense attorney, Rocky explains that the lawyer you hire affects every later decision in your case, from the defense strategy to whether to accept a plea offer. He also points out that costly mistakes tend to happen when people choose in a hurry, based on an ad or a bold promise.

If this is the first time you have had to hire a lawyer, the ads and websites can all look alike, so it can be hard to know where to start. The 10-day deadline means you need to move quickly, but it still leaves you time to compare. Plan on talking with two or three firms in the first few days. Compare what they tell you before you sign with any of them.

How soon do I need to hire a DUI lawyer in Tampa?

Hire a DUI lawyer within the first few days after your arrest, because the deadline to request a review of your license suspension is 10 days. The review is handled by the Florida Department of Highway Safety and Motor Vehicles. Section 322.2615 of the Florida Statutes sets the deadline: the driver “may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension…”. A formal review is a hearing where witnesses can be questioned. An informal review is decided on the documents alone.

The notice of suspension is the paper the officer gives you after taking your license at the arrest. If you were otherwise eligible to drive, the officer also gives you a 10-day temporary permit, and that permit runs out at midnight on the 10th day after the notice was issued. The review is your chance to challenge the suspension. If no one requests it within those 10 days, you lose that chance, and the suspension runs its full length. For a breath or blood alcohol level of 0.08 or higher, that is 6 months for a first suspension, or 1 year if your license was suspended this way before.

The license review is a separate case from your criminal charge. It is a civil, administrative proceeding, which means the department decides it outside of court. The only question in the review is what happens to your driver license. Still, both cases come from the same arrest, and they move forward at the same time. Witnesses at a formal review hearing testify under oath, and that sworn testimony can come up again in the criminal case. Depending on what is said, that testimony can help or hurt your defense. A lawyer who handles both cases can plan the license review with the criminal case in mind. That is why the lawyer you hire for the criminal case should also be the one who requests and handles the license review.

What experience should a DUI lawyer have?

A DUI lawyer should have tried DUI cases in front of a jury, argued motions in DUI cases, and kept up with the science behind breath and blood testing. A motion is a request asking the judge to decide a legal issue in the case. A misdemeanor DUI in Tampa is heard in Hillsborough County Court, so ask how much of that experience comes from that court.

Years in practice do not tell you how much courtroom work a lawyer has done. Ask about DUI jury trials and motion hearings specifically. A lawyer who tries cases learns how to question people during jury selection, how to cross-examine the State’s witnesses, and how to explain complicated facts to a jury in plain language. That lawyer also learns what persuades a jury and what does not.

Look for a lawyer who prepares every DUI case as if it will go to trial. That preparation shows the prosecutor your lawyer is ready to try the case, so the prosecutor has to consider the chance of losing at trial when deciding what plea offer to make. It also helps your lawyer find weak points in the State’s evidence and legal issues that can support a motion, such as a challenge to whether a piece of evidence can be used at all. If a plea agreement turns out to be the best option, your lawyer can negotiate it knowing where the State’s evidence is weak. To find out whether a lawyer works this way, ask in the consultation how they would prepare your case for trial. A lawyer who does this work can describe the specific steps. Our article on how to fight a DUI charge in Hillsborough County explains the defenses themselves.

The evidence in a DUI case can include a breath test, a blood test, and the roadside field sobriety exercises the officer asked you to do. A DUI lawyer should know how Florida’s approved breath test instruments and testing rules work. Ask what DUI training the lawyer takes to stay current on breath testing, blood testing, and the rules that govern them. The lawyer should also know when a case needs an expert, such as a toxicologist to review the test results. Ask for an example of a case where bringing in an expert helped the defense.

What credentials should a Tampa DUI lawyer have?

Credentials and job titles are worth checking, but none of them proves DUI trial experience on its own. Any firm can build a professional website and pay to appear at the top of search results, so how often you see a lawyer’s ads tells you nothing about that lawyer’s trial record. A website can also list DUI as a practice area whether or not the lawyer has tried a DUI case. Florida does limit some of the words lawyers use in ads, so it helps to know what the common labels mean.

Does a DUI lawyer need to be board certified?

No. Board certification is one signal of experience among several, and a lawyer does not need it to handle a DUI case. The Florida Bar certifies lawyers in Criminal Trial Law, which requires years of criminal trial work, a minimum number of jury trials, peer review by other lawyers and judges, and a written exam. Those trials can be any kind of criminal case, so the certification shows broad jury trial experience. It does not tell you how many DUI cases the lawyer has tried.

The Florida Bar has no DUI certification area. A national organization, the National College for DUI Defense (NCDD), certifies lawyers in DUI Defense Law. NCDD states that it is the only organization accredited by the American Bar Association to do so. NCDD’s requirements include a minimum number of DUI trials, so a lawyer with this certification has DUI trial experience. A lawyer without it may have that experience too, so ask about DUI trials either way.

If a lawyer’s ad says “board certified,” check that it names the organization that did the certifying. Florida’s lawyer advertising rules require every ad that claims board certification to name the certifying organization, even when that organization is The Florida Bar. The words “specialist” and “expert” do not require a certificate, so when a lawyer uses them, ask what supports the claim: how many DUI trials, which cases, and what training.

Is a former prosecutor better for a DUI case?

Not necessarily. Strong DUI lawyers come from prosecutors’ offices, public defenders’ offices, and private practice. The experience a lawyer has now matters more than the path they took to get there. A title like “former prosecutor” or “former public defender” tells you where a lawyer worked. It does not tell you how long they stayed, what kinds of cases they handled, or whether they tried cases to a jury. Ask what types of cases the lawyer handled in that job, how long they held it, and whether the work included DUI jury trials.

How to check a DUI lawyer’s background before you hire

You can check most of what a lawyer tells you yourself, online and for free, before you sign anything. The Florida Bar’s own consumer guide to finding a lawyer tells you to confirm that the person you are considering is an attorney, review any discipline history, and ask whether they have handled cases like yours.

Court records in Florida are generally open to the public, so a lawyer who has tried DUI cases should be able to give you case numbers without hesitating.

You can also ask a lawyer you already know, even one who does not practice criminal law, what they have heard about the lawyers on your list. Lawyers often know which local attorneys regularly try cases.

The same checks work for any criminal charge. Our complete guide to choosing a criminal defense attorney in Tampa covers them for cases other than DUI.

Questions to ask a DUI lawyer in a consultation

Bring the same questions to every consultation so you can compare the answers side by side. A lawyer with real DUI experience answers them directly, with names, numbers, and specifics.

Who will handle your case

After you sign, a firm may pass your case to an attorney you have never met, so ask these questions before you sign.

• “Which attorney will handle my case, and will that attorney argue the motions and try the case if it goes to trial?” A straight answer gives you a name and says plainly what that attorney will do.
• “Will the attorney I am meeting with stay involved in my case?” A straight answer explains what that attorney’s role will be after you sign, such as reviewing strategy or appearing at hearings.
• “Will you name the lead attorney and that attorney’s role in the fee agreement?” A straight answer is yes, with the name written into the fee agreement before you sign.
• “How many active cases are you handling right now?” A straight answer is an actual number, along with how the lawyer makes time to prepare each case.

Experience

• “How many DUI jury trials have you handled?” A straight answer is a number, given without hesitating.
• “Have you tried DUI cases like mine in Hillsborough County Court?” A straight answer describes similar cases the lawyer has tried, such as cases built on a breath test or a blood test.
• “Can you give me case numbers for some of those trials?” A straight answer is yes, followed by case numbers you can look up on the clerk’s website.
• “When do you bring in an expert in a DUI case, and can you give me an example?” A straight answer names the kind of case that calls for an expert and the kind of expert used, such as a toxicologist reviewing blood test results.
• “What DUI training have you taken recently?” A straight answer names specific programs or organizations.

The license review

• “Will you request the review of my license suspension before my 10 days run out?” A straight answer confirms the date your deadline falls on and who will make the request.
• “Will the same lawyer handle the license review and the criminal case?” The answer you want is yes, with the name of the lawyer who will handle both.

Fees and costs

• “What does your fee cover?” A straight answer goes through the license review, motions, and trial, and says whether each one is included.
• “Will the fee change if my case goes to trial?” A straight answer is a clear yes or no, written into the fee agreement. If the answer is yes, ask how much the trial fee is, so you know the total fee for the case before you sign.
• “How are costs like expert fees handled?” A straight answer explains that costs are separate from the fee and how you would pay them.

Communication

• “Will I be able to contact my attorney directly?” A straight answer tells you how to reach the attorney and who responds when the attorney is in court.
• “Is there a secure portal for sharing documents?” A straight answer is yes or no, and if the answer is no, it tells you how you will share documents safely.
• “How quickly do you return calls and messages?” A straight answer gives a specific time frame.

How much does a DUI lawyer cost in Tampa?

The cost of a DUI lawyer in Tampa depends on how serious the charge is, how complicated the evidence is, and how much time the case will take, so the only reliable number is a written quote for your case. Most criminal defense lawyers charge a flat fee, which is one fixed amount for handling the case. That amount rises with the seriousness of the charge. Defending a DUI generally costs more than defending a charge of driving without a valid license, and less than defending a DUI that involved an injury.

Most people do not budget for a defense lawyer, so a large quote can feel overwhelming. When you compare quotes, ask exactly what each flat fee covers, and whether it includes the license review, motions, and trial.

Some firms charge a separate trial fee on top of the fee for the pre-trial work. With a separate trial fee, going to trial costs you more, so you may end up weighing a plea offer against that added cost. It also gives the lawyer a financial incentive to settle before the case is fully prepared for trial, because the lawyer is paid the same pre-trial fee whether the case settles early or is fully prepared. The Brancato Law Firm charges one flat fee for the entire case, including trial, so you can decide on a plea offer without also weighing an added trial fee.

Get the fee agreement in writing before you pay. It should list what the fee covers and say whether any part of the fee is nonrefundable.

Fees and costs are two separate things. The fee pays for the lawyer’s time and experience. Costs are handled separately from the fee, and they pay for outside help the defense needs, such as an expert witness, an investigator, or a court reporter. Ask how the firm handles costs. One method is a cost deposit held in the firm’s trust account and used to pay each cost, with any unused money returned to you. The other method is paying the expert, investigator, or other provider directly, in advance.

A DUI lawyer cannot offer “no fee unless we win.” Florida’s rules do not allow a lawyer to charge a contingent fee for defending someone in a criminal case. A contingent fee is a fee paid only if the case is won.

If one lawyer quotes a fee far below the others, ask why. A very low fee can mean the lawyer takes on a large number of cases to make up the difference, which leaves less time for yours. Our article on how much a criminal defense attorney costs in Tampa covers pricing in more detail.

Red flags when hiring a DUI lawyer

Do not hire a lawyer who promises a result, relies on connections, pushes you to sign, or cannot give plain answers about trial experience.

• A promised result. No lawyer can promise how a DUI case will end, and Florida’s lawyer advertising rules bar ads that predict or guarantee results. A lawyer who promises you an outcome in person is telling you what you want to hear.
• Talk of “connections.” If a lawyer says “I know the prosecutor” or “The judge and I have a relationship,” ask what that does for your defense. Any experienced local lawyer has spent time with the prosecutors and judges, and that familiarity does not get your case special treatment.
• Pressure to sign right away. If you feel rushed or pushed to sign a fee agreement before you have had time to think, slow down. A good lawyer will give you time to compare.
• Vague answers about trial experience. If a lawyer says they have “handled serious cases” but cannot name a DUI jury trial or give you a number, treat that as a warning. Lawyers who try cases know their records and can give you examples.
• A firm that will not name your lawyer. If a firm refuses to put the lead attorney’s name and role in the fee agreement, do not sign.
• A fee far below everyone else’s. Ask the lawyer to explain the difference before you sign.

Our article on red flags to avoid when choosing a Tampa criminal defense attorney goes through these warning signs in more depth.

What should a good DUI consultation feel like?

A good DUI consultation leaves you with a clear understanding of your charge and your options. The lawyer explains the process in plain language, tells you honestly what the risks are, and makes no promises about the outcome. Nobody pushes you to sign a fee agreement at the meeting. If the lawyer does not think the firm is the right fit for your case, they tell you so.

The lawyer should also listen more than talk. Expect questions about your goals, your concerns, and your background. Your own questions should get direct answers. You may need to share details that are personal or embarrassing, so you need a lawyer you can be honest with and who is honest with you in return.

You may still feel worried when the meeting ends, but you should understand what happens next. Before you sign, ask yourself one last question: is this the lawyer you want standing next to you in court if your case goes to trial? Base your answer on the lawyer’s DUI trial record, the case numbers you were able to check, and how directly the lawyer answered your questions.

Public defender or private DUI lawyer?

If you cannot afford a private lawyer with real DUI trial experience, a public defender may be a better choice than a low-cost private lawyer. The public defender’s office has competent attorneys.

To ask for a public defender, you apply through the clerk of court and pay a $50 application fee. Under section 27.52 of the Florida Statutes, the clerk decides whether you qualify, based on whether your income is at or below 200 percent of the federal poverty guidelines for your household size. People who receive certain benefits, such as SSI, also qualify. A DUI charge can carry jail time, so you can get a public defender for a DUI if you qualify. That changes if the court enters an order of no imprisonment, which means the court has decided you will not be sentenced to jail in the case. Once that order is entered, a public defender cannot be appointed, and an existing appointment ends. Our article on public defenders versus private attorneys in Tampa explains the choice in more detail.

Talk with a Tampa DUI defense attorney

If you or someone in your family was arrested for DUI in Tampa or elsewhere in Hillsborough County, call us at (813) 727-7159 for a free, confidential consultation. We are available 24/7 for arrest emergencies. Bring your list of questions and ask us the same things you ask every other firm. We handle first and repeat DUI cases, including felony DUI, and the 10-day license review. If you would rather meet in person, our office is in downtown Tampa, two blocks from the Hillsborough County Courthouse. You can read more about our Tampa DUI defense work, or contact us online to set up a time to talk.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Every public defender’s office in Florida runs on a chain of command, with an elected Public Defender at the top and assistant public defenders carrying the cases at the bottom. I know that structure from the inside. Before founding The Brancato Law Firm, P.A., a Tampa criminal defense firm, I served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Today our attorneys use that knowledge to give people an honest read on whether they need private counsel, and our practice is devoted entirely to criminal defense, from misdemeanors to capital cases, backed by more than 150 jury trials to verdict.

Is a public defender as good as a private attorney in Tampa?

A public defender can be every bit as skilled as a private attorney, and many are. The differences that matter are caseload, money for experts, timing, and whether you get to choose your lawyer. Public defenders work inside a system that assigns them more cases than any one lawyer can fully prepare. That pressure comes from case volume and state funding.

Public defenders exist because of Gideon v. Wainwright, 372 U.S. 335 (1963), the U.S. Supreme Court case that began with a burglary charge in Panama City, Florida. The Court held that a state must provide a lawyer to a person charged with a felony who cannot afford one. Our firm respects that work. The question for you is practical: given your charge, your budget and your timeline, which option gives your case the most attention?

How is the Hillsborough County Public Defender’s Office organized?

The Hillsborough County Public Defender’s Office has six levels of rank, from the elected Public Defender at the top to line attorneys at the bottom. Voters in each judicial circuit elect a public defender to a four-year term under Article V, Section 18 of the Florida Constitution, and the office’s attorneys work under that officer.

A division chief is the fifth of six levels in the Hillsborough County Public Defender’s Office, one step above a line attorney. Rocky Brancato served at the second level, as Chief Operations Officer, overseeing a staff of over 100 attorneys.

A “division” is a courtroom. Hillsborough’s criminal courts are organized into divisions, each assigned to a judge, and the public defender assigns attorneys to those courtrooms. As Chief Operations Officer I oversaw the felony and major crimes divisions and mentored senior trial lawyers, and I kept trying homicide and sex crime cases myself. You can read more about that background on Rocky Brancato’s attorney profile and in our post on whether to hire a former public defender in Tampa.

How does Florida decide whether you get a public defender?

The clerk of court decides whether you qualify for a public defender, using the financial test in section 27.52, Florida Statutes. You qualify if your household income is at or below 200 percent of the federal poverty guidelines, or if you receive certain public benefits. The statute presumes you are not indigent if you have $2,500 or more in net assets, not counting your homestead and one vehicle worth $5,000 or less.

You apply on a sworn form and pay a $50 application fee within 7 days. The law says no one found indigent can be refused a lawyer for failing to pay that fee. The clerk’s decision is ministerial, so if the clerk finds you do not qualify, you can ask the judge to review it at your next hearing.

A public defender represents a person who is “under arrest for, or charged with” a crime, under section 27.51, Florida Statutes. That means no public defender is available to someone who is only under investigation. Our firm’s representation before charges are filed covers that gap.

Is a public defender really free in Florida?

A public defender is not free if you are convicted. Under section 938.29, Florida Statutes, a person who used the public defender and is convicted owes the application fee plus attorney’s fees and costs, and the court must include them in the judgment. Our firm includes these costs when we help someone compare a public defender with a private fee.

The fees are imposed regardless of your present ability to pay. For many clients the dollar amount is small next to a private fee, but the lien and recorded judgment surprise people years later when they sell or refinance property.

How many cases does a public defender carry?

Public defenders often carry far more cases than national standards say one lawyer can handle. The National Public Defense Workload Study (RAND Corporation, 2023) estimated that a mid-level felony needs an average of 57 hours of attorney time, which works out to 36 such cases per lawyer per year. A murder case needs 248 hours, or 8 cases a year.

The older 1973 national standard allowed up to 150 felonies per attorney per year, and the 2023 RAND study calculated that this left only 13.9 hours per felony. Florida’s Supreme Court reviewed what that looks like in practice in Public Defender, Eleventh Judicial Circuit of Florida v. State, 115 So. 3d 261 (Fla. 2013). In that Miami-Dade case, the noncapital felony caseload had been “in the range of 400 cases per attorney for a number of years,” and the court held that a public defender may ask to withdraw from cases across the office when caseloads prevent effective representation.

The volume in Hillsborough County is heavy. From October 2024 through January 2025, the Hillsborough County Clerk of Court opened 6,144 new circuit criminal (felony) cases and 5,198 new county criminal (misdemeanor) cases, according to the Clerk’s monthly outputs report for county fiscal year 2024-2025. The Public Defender’s Office for the Thirteenth Judicial Circuit reports more than 120 attorneys. At The Brancato Law Firm, the flat fee is what pays for the hours a serious case needs.

How do public defenders pay for investigators and experts?

A public defender’s office pays for investigators and experts out of a fixed annual state budget. Section 29.006, Florida Statutes, lists the indigent defense costs the state funds, including expert witnesses, court reporting and certain mental health professionals. Every request for an expert competes with every other case in the office.

The same limits follow a private client who asks the court to be declared “indigent for costs” under section 27.52(5), Florida Statutes. In those cases, section 27.425, Florida Statutes, says the Legislature sets maximum rates for state-paid experts each year. The Justice Administrative Commission’s Circuit 13 expert rate schedule lists a maximum of $2,500 per case for a forensic professional expert and $400 for a competency evaluation.

Our firm rarely asks the court to declare a private client indigent for costs. State-paid experts must work for a much lower fee, and that limits which experts will take the case. When we hire a DNA analyst, toxicologist or reconstruction expert, we choose the person best suited to the evidence and discuss the cost with the client before it is incurred.

Do you get to choose your public defender?

You do not choose your public defender. The office assigns your case, usually to the attorney who covers the courtroom division where your case is filed. Public defender offices commonly move attorneys between divisions as they gain experience and are promoted, so a case that lasts many months can pass from one assistant public defender to another.

Turnover adds to the problem. A March 2023 Florida TaxWatch report, Why Taxpayers Should Care about Workforce Instability with Florida’s Public Defenders and State Attorneys, described assistant public defenders as facing “low salaries and punishing caseloads, which contribute to high rates of employee turnover.” When you hire The Brancato Law Firm, you know which attorneys are assigned to your case from the start.

What does a private attorney’s flat fee pay for?

A private flat fee pays for time, an earlier start, and the freedom to build the defense the evidence calls for. The Brancato Law Firm charges one flat fee that covers the whole case, including trial. We quote it on the facts and intricacy of the case and try to be realistic and fair. At least half is due up front, and the balance can be paid on a plan while the case is pending.

We are not the most expensive firm in Tampa, and we are not the least expensive. Ask any lawyer you consult whether trial is included. A separate trial fee gives a lawyer a financial incentive to settle before trial preparation begins. Our post on how much a criminal defense attorney costs in Tampa walks through market ranges and what drives them.

Here is what the fee buys at our firm:

• An earlier start. We can contact the prosecutor before the filing decision, sometimes before an arrest.
• Experts chosen on merit. We hire the expert the evidence calls for, at that expert’s normal rate.
• Trial preparation. Depositions, investigation and motion practice are part of the fee, and trial is included.
• A mitigation report, offered to every client, that presents you as a person to the prosecutor and the judge.
• Communication. Clients get case updates through our client portal, and our attorneys return calls within 24 hours.

I was arrested for the first time in Tampa and I’m terrified. Do I need a private lawyer?

If this is your first arrest, you need a lawyer before you talk about the case with anyone, and a public defender is a real option if you qualify. In Hillsborough County, first appearance happens within 24 hours of arrest, with the arrested person appearing by video from the jail. If you have not hired a lawyer, an assistant public defender will usually speak for you on bond at that hearing.

A first arrest is also when private counsel can do the most. Many first-time cases can be resolved through diversion, a reduced charge, or a decision by the State Attorney’s Office not to file at all, and those outcomes are often won in the weeks right after the arrest. Our firm’s Hillsborough County criminal defense attorneys work those early weeks, and our guide on what to do after being arrested in Tampa covers the first steps. Hillsborough County does not offer pretrial services supervision as a release option, so the bond argument at first appearance matters.

Can I switch from a public defender to a private attorney?

Yes. You can hire a private attorney at any point in your case, and the public defender steps aside. Under section 27.51(2), Florida Statutes, a court may not appoint the public defender to represent a defendant who has retained private counsel on the same case.

When The Brancato Law Firm takes over a case from the public defender, our attorneys file the paperwork to appear in the case, coordinate with the assistant public defender, and obtain the discovery already exchanged. The judge may ask whether the change will affect the trial date, so it helps to switch early.

Switching to a different public defender is harder. If you ask the judge to discharge appointed counsel, Florida courts follow Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). In that case, a defendant’s court-appointed lawyer was discharged before trial and no replacement was appointed, so he was tried without a lawyer. The court held that the judge must first ask why the defendant wants a new lawyer. Under Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973), a substitute is appointed only if there is reasonable cause to believe counsel is not providing effective help. Otherwise, the defendant may have to keep that lawyer or go forward without one.

What if my lawyer isn’t doing anything on my criminal case?

If you were charged with a crime in Tampa and your attorney does not seem to be doing anything, get a second opinion before you decide to switch. Much of a defense lawyer’s work happens out of the client’s sight, so silence does not always mean neglect. Our firm reviews cases handled by other lawyers, public and private, and tells clients plainly what we find.

Here is how a second-opinion review works at our firm:

1. Bring what you have. The arrest report, charging document, any discovery, any plea offer, and your next court date.
2. We check the court record. In Hillsborough County, we pull the docket from the Clerk’s HOVER system to see what has been filed, noticed and set for hearing.
3. We check the deadlines. Speedy trial periods, motion deadlines and plea offer deadlines cannot always be recovered once they pass.
4. We give you a straight answer. Sometimes the current lawyer is doing the right things, and we will tell you so.
5. If you switch, we handle the transition. Our attorneys file the paperwork, request the prior file, and get the case moving.

Our posts on how to choose the right criminal defense attorney and red flags to avoid when choosing a Tampa criminal defense attorney list warning signs worth checking.

What makes a good criminal defense attorney in Tampa, public or private?

A good criminal defense attorney in Tampa has tried cases to verdict, has the time to work yours, and tells you the truth about your case. Ask how many jury trials the lawyer has taken to verdict, who will actually handle your case, and how you will get updates. Our complete guide to choosing a criminal defense attorney in Tampa covers the full checklist.

At The Brancato Law Firm, the answers are specific. Rocky Brancato has tried more than 150 jury trials to verdict over more than 25 years in Hillsborough County. He is a former Major Crimes Unit trial attorney and former police academy instructor, meets the Florida Rule of Criminal Procedure 3.112 qualifications for capital cases, holds an AV Preeminent rating, has been selected to Super Lawyers and the National Trial Lawyers Top 100, and wrote How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter. Our firm serves Hillsborough, Pinellas and Pasco counties, and you can call us at any hour.

What results has our firm gotten for clients?

Real results show what time and preparation can do. These are published results from The Brancato Law Firm’s cases.

Past results do not guarantee future outcomes. Every case is different.

When should you talk to a private attorney after an arrest in Tampa?

Talk to a private attorney before first appearance if you can, and in any event before the State Attorney’s Office decides what charges to file. Those first days and weeks set the bond, the charges and the plea offers that follow. For more about how our firm defends cases in local courts, visit our Hillsborough County criminal defense attorney page.

Frequently asked questions

Where does a division chief rank in the Hillsborough County Public Defender’s Office?

A division chief ranks fifth of six levels, one step above a line attorney (assistant public defender) and below the training director, bureau chiefs, the chief assistant and the elected Public Defender. The Brancato Law Firm was founded by Rocky Brancato, who served at the second level as Chief Operations Officer, overseeing a staff of over 100 attorneys. His attorney profile describes that role.

Can I get a public defender before I am charged in Florida?

No. Florida law provides a public defender only to an indigent person who is under arrest for or charged with a crime. Our attorneys at The Brancato Law Firm represent people under investigation and contact the prosecutor before the filing decision through pre-file advocacy.

Do I have to repay the public defender if I am found guilty in Florida?

Yes. A conviction, including a plea where adjudication is withheld, makes you liable for the $50 application fee plus at least $50 for a misdemeanor or $100 for a felony, and a lien attaches to your property under section 938.29, Florida Statutes. When The Brancato Law Firm quotes a flat fee, we compare it honestly with these costs so you can decide with real numbers.

Can a private client be declared indigent for costs in Florida?

Yes. A person represented by private counsel can ask the court to be declared indigent for costs under section 27.52(5), so the state pays approved case costs. The Brancato Law Firm rarely recommends it, because state-paid experts work at much lower rates, which limits which experts will take the case.

Will switching from a public defender to a private lawyer delay my case?

Not necessarily. The new lawyer needs time to review discovery, and the judge decides whether to move any trial date. The Brancato Law Firm asks the public defender for the file right away so the case keeps moving, and our Tampa criminal defense attorneys can explain the timing at a free consultation.

Does a second opinion on my criminal case cost anything?

No. Consultations are free, including a review of a case another lawyer is handling. The Brancato Law Firm will check the docket and deadlines and tell you plainly whether your case appears to be on track.

Talk to our firm about your case

A second opinion costs nothing, and the filing decision and court deadlines in your case will not wait. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will tell you whether a public defender is the right choice for you or what a private defense would add, and you can call us at any hour.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

For how this fits into the rest of a case, see our overview of how a Florida criminal case moves from investigation to appeal.

Among criminal defense firms in the Tampa Bay area, typical homicide fees start around $40,000 and can run past $100,000, depending on the charge. These are ranges, not quotes. At The Brancato Law Firm, we charge one flat fee for each homicide case, which means one fixed price agreed at the start. That fee covers the whole case, including a trial if there is one. Some lawyers charge a separate trial fee if the case goes to trial, so it matters whether a quote includes the trial. We set each fee on the facts of the case, and we aim to keep it realistic for the work and fair to the family. We are not the most expensive firm in Tampa, and we are not the least expensive.

Expert witnesses, investigators and other outside services are paid separately from the lawyer’s fee. Lawyers call these expenses “costs.” You will see that word in a quote or fee agreement, listed apart from the fee. Costs can add thousands to tens of thousands of dollars to what a family pays.

Our founder, Rocky Brancato, defended homicide cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office. That experience lets us judge how much work a homicide case will take before we quote a fee. When we need more information first, we may review the police report or speak with the prosecutor before giving a quote.

Why Does a Homicide Defense Cost So Much?

Most of a defense lawyer’s fee pays for time. A homicide case takes far more of a lawyer’s time than most criminal cases, so it costs more to defend. A skilled lawyer may need to spend hundreds of hours on one homicide defense. To give the case that time, the lawyer may have to turn away other cases. The lawyer gives up the fees those other cases would have paid, and the fee for the homicide case reflects that. The fee also pays for the lawyer’s experience and judgment. It does not buy a guaranteed outcome, and no lawyer can promise one.

Most of those hours go into work the family never sees:

• Reviewing the evidence. In discovery, the State shares its evidence with the defense: police reports, the autopsy report, photographs, video, lab results and more. Every page, note and image has to be reviewed.
• Depositions. Before trial, the defense questions detectives, forensic examiners and other witnesses under oath to learn what they will say and where their accounts conflict.
• Motions. The defense asks the judge to rule on legal issues, such as whether a piece of evidence can be used, whether a witness is reliable, or whether the investigation was conducted lawfully. In a self-defense case, this can include a request for Stand Your Ground immunity, which ends the case before trial if the judge grants it.
• Mitigation. The defense gathers the accused’s life story, mental health history and background. These facts are not excuses, but they can change how the prosecutor and the court see the person and the case.
• Trial preparation. The defense prepares to cross-examine the State’s witnesses, gets its own witnesses and experts ready to testify, and plans how to choose a jury.

We prepare every homicide case for trial from the start, even when a case later ends with a plea agreement. That preparation gives the defense leverage. A prosecutor who knows the defense is ready for trial has to consider the risk of losing at trial, and that can change the plea offer the accused receives. Trial preparation also exposes the weak points in the State’s evidence, and those weak points give the defense something to negotiate with if a plea becomes the right choice. Our guide on how to decide whether to accept a plea bargain explains how to weigh an offer.

A lawyer can also help before charges are filed. After an arrest, or while someone is under investigation, prosecutors still have to decide whether to file formal charges. Before that decision, an experienced lawyer can sometimes meet with prosecutors and show them the problems in the case. The goal is for the prosecutors to decide not to file charges at all. We usually charge a lower fee for this pre-file work, and if charges are filed anyway, that fee is applied toward the total fee quoted for the case.

Does the Cost Change for Murder, Manslaughter or Vehicular Homicide?

More serious charges usually cost more to defend, because they tend to need more work and more experts. The table below shows typical flat fees charged by criminal defense firms in the Tampa Bay area for each homicide charge, along with the maximum penalty and the experts the defense usually needs. These are not our firm’s quotes. Some firms include trial in the fee; others charge a separate trial fee. Costs are separate.

Third-degree murder is a killing without intent to kill that happens while the accused is committing a felony not listed under first-degree murder. Aggravated manslaughter covers the death of an elderly person or disabled adult, a child under 18, or an on-duty law enforcement officer, firefighter, EMT or paramedic. Vehicular homicide and DUI manslaughter carry up to 30 years instead of 15 when the driver leaves the scene of the crash or has certain earlier convictions (§ 782.071(1)(b) and (c); § 316.193(3)(c)3.b. and c.). The maximum prison term for each level of felony is set in section 775.082.

Our complete guide to homicide charges in Florida covers every homicide charge and its penalties. Our article on second-degree murder vs. manslaughter explains how those two charges differ.

The charge is only one factor in the price. Two cases with the same charge can need very different amounts of work, depending on how much evidence the State has, how many witnesses there are, and how much of that evidence the defense needs to challenge. That is why a lawyer has to learn the facts of a case before giving you a quote you can rely on.

Why Is There Such a Big Gap in Typical Homicide Fees?

Each firm is different, and each case is different. Two homicide cases with the same charge can need very different amounts of investigation, depositions and expert work. Firms also price differently. A firm that needs the case may charge less, and a firm that is in demand may charge more. That is why a quote should be judged by the work it pays for and the experience of the lawyer who will do it, not by the number alone. The Brancato Law Firm sets each fee on the facts of the case and aims to keep it realistic for the work and fair to the family.

What Does a Death Penalty Defense Cost?

When the State seeks the death penalty, the case changes, and so does the cost. A privately retained defense in a case where the State seeks death typically costs many hundreds of thousands of dollars, because the defense is doing the work of two trials and a full investigation of the accused’s life. Three things drive that cost:

• The State’s notice. In a first-degree murder case, the State has 45 days after arraignment to file a notice that it will seek death, listing the aggravating factors it intends to prove (section 782.04(1)(b)). Before the notice is filed, the defense can ask the prosecutor not to seek death and give the reasons why. Once the notice is filed, the defense is preparing for two trials, not one.
• A separate penalty phase. If the jury finds the accused guilty of first-degree murder, a second proceeding decides the sentence. The jury must unanimously find at least one aggravating factor proved beyond a reasonable doubt, and at least 8 of the 12 jurors must recommend death before the court can impose it (section 921.141). The defense prepares for the penalty phase from the start, alongside the guilt phase.
• The mitigation investigation. The defense builds the accused’s full life story: family history, school, medical and mental health records, trauma and more. That means interviewing family members, teachers and others from across the person’s life, and retaining mental health experts and often a mitigation specialist. This work drives much of the cost of a death penalty defense.

What Does It Mean to Be Death-Qualified?

Florida Rule of Criminal Procedure 3.112 sets minimum standards for the lead lawyer in a capital trial. The standards apply to retained lawyers, not just lawyers appointed by the court. Under the current rule, as amended in November 2025, lead trial counsel should:

• Have at least 5 years of litigation experience in criminal law.
• Have been lead counsel in at least 9 jury trials of serious and complex cases tried to completion. At least 3 of those should have been murder cases, or alternatively, at least 1 murder trial and 5 other felony jury trials.
• Have been lead defense counsel or co-counsel in at least 2 cases tried to completion in which the State sought the death penalty.
• Have attended at least 12 hours of continuing legal education devoted to capital defense within the last 2 years.
• Be experienced with expert witnesses and with investigating and presenting evidence in mitigation of the death penalty.

Florida does not issue a certificate for this. A lawyer retained in a capital case files a notice with the court stating that he or she meets the rule’s qualifications. The rule also sets standards for co-counsel, a second lawyer on the case, but whether co-counsel is appointed is up to the court.

Few lawyers in Florida meet that standard, and a family hiring privately for a case where the State seeks death needs one who does. Rocky Brancato meets the Rule 3.112 qualifications for lead counsel.

Are Expert Witnesses and Investigators Included in the Lawyer’s Fee?

Experts and investigators are billed as costs, separately from the lawyer’s fee. Costs pay the outside people and services a defense needs, such as:

• Expert witnesses, such as a forensic pathologist, a toxicologist or an accident reconstructionist
• Private investigators
• Court reporters and deposition transcripts
• Psychological evaluations
• Medical records
• Travel for out-of-town witnesses

An expert’s fee depends on the field and how much work the case needs. Our article on why expert witnesses matter in major crimes cases puts forensic pathologists, DNA experts and mental health professionals at $5,000 to $50,000 or more.

Expert costs are worth planning for, because an expert can show that the State’s evidence means something different from what the State claims. In a case Rocky Brancato describes in a published case study, a grandmother was charged with first-degree murder and aggravated child abuse after her young granddaughter died. The State’s case rested on the child’s injuries, including a lacerated liver, which a Child Protection Team doctor said could only have come from intentional trauma. A former state medical examiner retained by the defense reviewed the autopsy slides, the hospital records and the photographs from the home. The photographs showed equipment that emergency responders had used to try to revive the child, which pointed to another explanation for the liver injury. The expert concluded that the child had drowned in the bathtub and that the liver injury was consistent with those resuscitation efforts, not with a beating.

After the defense took these findings to the prosecution, the murder charge was dropped and the aggravated child abuse charge was reduced. The grandmother entered a plea to the lesser charge of child neglect and received probation. Each case is unique. Past results do not guarantee future outcomes.

We handle costs in one of three ways:

• Small costs we advance. We usually pay costs under $1,000 ourselves and bill them to the client at actual cost.
• A cost deposit. For larger costs, the family pays a separate amount that we hold in our trust account. We pay each cost from that deposit, and any money left over at the end of the case is returned.
• Direct payment to the provider. For larger costs, the family can instead pay the expert, investigator or other provider directly, before the work is done.

Does a Homicide Lawyer’s Flat Fee Cover a Trial?

Some homicide lawyers’ flat fees cover only the work before trial, with a separate trial fee if the case goes to trial. Most criminal defense lawyers charge a flat fee, either one fee for the whole case or a flat fee plus a separate trial fee. Some bill by the hour instead:

A separate trial fee gives the lawyer a financial incentive to settle before the case is prepared for trial. The lawyer earns the same first fee whether the case ends early with a plea or is fully prepared for trial, and preparing for trial takes many more hours. A family facing a separate trial fee may also feel pressure to accept a plea offer to avoid paying it.

We charge one flat fee for the entire case, including trial. With one fee, a decision about a plea offer never depends on whether the family can afford a separate trial fee. For charges other than homicide, our guide to how much a criminal defense attorney costs in Tampa explains how to tell whether a quote includes trial or adds a separate trial fee, and the difference between attorney fees and costs.

What Does a Low Quote on a Homicide Case Tell You?

On a low quote, you usually get what you pay for. A lawyer who charges much less than others has to take on more cases to earn the same income, and the more cases a lawyer carries, the less time each one gets.

Compare two lawyers. One carries 300 cases and spends an hour on your file before negotiating with the prosecutor. The other spends 40 hours on investigation, discovery, depositions and motions before ever negotiating. Only the second one goes into that negotiation knowing where the State’s case is weak. It is worth asking any lawyer you consult how many active cases they are handling now.

If a family can only afford a very low fee, the accused may be better off with the public defender, as explained below. Our guide on how to choose a homicide attorney in Florida covers what else to ask before you hire.

How Do Families Pay for a Homicide Defense?

Half of our fee is usually due at the time you hire us. For the balance, we work out a payment plan so the rest is paid while the case is pending. LawPay, the online payment service we use, also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness, such as your credit score.

When a relative pays, the lawyer still works for the accused. The family may not hear everything about the case. Florida’s rules for lawyers allow someone else to pay the fee only on three conditions:

• The accused agrees. The accused has to consent to the arrangement after it is explained.
• The person paying does not direct the defense. Decisions about the case stay between the lawyer and the accused.
• The accused’s information stays confidential. What the accused tells the lawyer is protected, so the lawyer can share it with the family only if the accused agrees.

What to Get in Writing Before You Pay

Before your family pays a homicide lawyer, get a written fee agreement that answers these questions. A good lawyer will not pressure you to sign at the first meeting, so take the time to compare.

• What the fee covers. The agreement should say whether the fee covers the case through trial, and whether any other fee could come later.
• Whether any part of the fee is nonrefundable. Florida’s rules require a nonrefundable fee to be confirmed in writing, with an explanation of what is nonrefundable and how much. If the family later changes lawyers or the case ends early, whether any money comes back depends largely on what the written agreement says.
• How costs will be handled. The agreement should say whether costs are advanced by the firm and billed back, drawn from a deposit held in trust, or paid directly to providers, and how the firm will account for them.
• The payment schedule. If the fee is paid over time, the agreement should list the payment dates and amounts.
• The attorneys on the case. The lawyer you meet at the consultation may not be the one who does the work. The agreement should name the attorney or attorneys assigned to the defense. If a firm will not put that in writing, do not sign.

What If Your Family Cannot Afford a Private Lawyer?

The accused may be better off with the public defender than with a low-cost private lawyer. Public defenders in major crimes units handle serious cases every day and have real trial experience. Our founder spent most of his career at the Hillsborough County Public Defender’s Office, so we say this from experience.

Choosing the public defender does not mean going without experts. When the public defender represents someone, the state pays for the defense’s expert witnesses, court reporters and deposition transcripts under section 29.006.

If a family can afford our fee but not the experts the case needs, we will tell them, and we may recommend the public defender instead. Our comparison of public defenders and private attorneys in Tampa covers the choice in more detail.

How Do You Apply for a Public Defender in Florida?

The accused applies through the clerk of court. In Hillsborough County, the Public Defender’s Office directs people to the Clerk of the Court for an “Application for Indigent Status and Appointment of the Public Defender.” The application costs $50, which is owed whether or not a public defender is appointed. Under section 27.52, the clerk looks mainly at income and property:

• Income. The accused qualifies if his or her income is at or below 200 percent of the federal poverty guidelines for the household’s size, or if the accused receives certain public benefits, such as Supplemental Security Income (SSI).
• Property. The clerk treats property with a net value of $2,500 or more as a sign that the accused can afford a lawyer. The accused’s homestead, and one vehicle worth up to $5,000, do not count toward the $2,500.

If the clerk decides the accused does not qualify, the accused can ask the judge to reconsider at the next court date.

Is a Public Defender Free?

A public defender is not free in Florida if the case ends in a conviction. After a guilty plea, a no contest plea or a guilty verdict, section 938.29 requires the court to order attorney’s fees and costs: at least $100 for a felony, and more based on the actual fees and costs. The order becomes a lien on the person’s property, though the state cannot force the sale of the person’s homestead to collect it. If the case is dismissed or the accused is found not guilty, no attorney’s fees are ordered, according to the Hillsborough County Public Defender’s FAQ. The $50 application fee is owed either way.

Can the Court Pay for Experts if You Hire a Private Lawyer?

The state can pay the defense costs of an accused who has hired a private lawyer, but it does not pay the lawyer’s fee. The private lawyer asks the court to find the accused “indigent for costs” under section 27.52(5). If the court agrees, the state pays costs such as court reporters, deposition transcripts, expert witnesses and mental health professionals, as listed in section 29.007.

The law presumes the accused can pay the costs if the private lawyer’s fee is more than $5,000 in a noncapital case, or more than $25,000 in a capital case where the State seeks death (section 27.52(5)(d)). To overcome that presumption, the accused has to show by clear and convincing evidence that the fee is reasonable for the case. In deciding that, the court looks at what the state would pay a court-appointed private lawyer for that type of case. These are private lawyers a court assigns to a case, for example when the public defender cannot take it.

Every homicide case our firm takes is privately retained, so the fee is set by the work the case needs. Rocky Brancato spent more than 24 years in public service at the Hillsborough County Public Defender’s Office, and our firm continues to take on pro bono work.

The state pays experts at much lower rates than they charge privately, and that can limit which experts will take the case. When a family can plan for expert costs privately, the defense usually has a wider choice of experts, so that is what we generally recommend.

Talk to Us About What a Homicide Defense Will Cost

No one plans to hire a criminal defense lawyer, and most families have never budgeted for one, so the fee for a homicide defense can feel overwhelming. The fee pays for a defense that is fully prepared for trial by lawyers who have done this work before.

Every homicide defense at The Brancato Law Firm is built under the direct oversight of our founder, Rocky Brancato, who has more than 25 years of criminal defense experience. Rocky served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he oversaw a staff of over 100 attorneys. He has taken more than 150 jury trials all the way to a verdict. He also meets the qualifications for lead counsel in capital cases under Florida Rule of Criminal Procedure 3.112, a standard few Florida lawyers meet. Our trial attorneys, including criminal trial attorney Jean-Luc Adrien, handle the defense day to day. You can read more about Rocky Brancato and our Tampa homicide defense practice.

If you or someone in your family has been arrested for a homicide or is under investigation for one, call us at (813) 727-7159 for a free, confidential consultation. We are available 24/7 when someone has just been arrested. We will look at the case, give you a clear flat-fee quote, explain how costs would be handled, and tell you if we think the public defender is the better choice for your family. You can also contact us online.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Short answer: Typical flat fees charged by criminal defense firms in the Tampa Bay area run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. Some firms charge a separate trial fee on top of that; The Brancato Law Firm charges one flat fee for the whole case, including trial. Felony DUI cases cost more: $7,500 to $12,000 for a third DUI within 10 years, $10,000 to $15,000 for a fourth or later DUI, $10,000 to $25,000 for a DUI crash that caused serious bodily injury, and $45,000 to $100,000 or more for DUI manslaughter. Costs, such as expert witnesses, are separate from the fee. These are ranges, not quotes. We set the fee for your case based on its facts and how complicated it is likely to be, and we aim to keep it realistic and fair.

The price depends mostly on two things: how serious the charge is, and how much of the case the fee covers. A low quote can cost you more in the end if it leaves out the license review or a trial.

The Brancato Law Firm defends DUI cases across Hillsborough, Pinellas, and Pasco Counties. Our founder, Rocky Brancato, spent about 24 years at the Hillsborough County Public Defender’s Office, where he rose to Chief Operations Officer and oversaw a staff of over 100 attorneys. That experience gives our firm system-level knowledge of how criminal cases are charged, prosecuted, and resolved. We quote every DUI case based on the work it actually requires, and that work depends on the details of your arrest.

How Does the Type of DUI Case Affect the Lawyer’s Fee?

The more serious the charge, the more work the defense has to do, and the higher the fee. Under Florida’s DUI law, § 316.193, prior DUIs and a crash can change the charge itself, in some cases to a felony. A blood alcohol content (BAC) of .15 or higher, or a minor in the car, raises the possible penalties but does not by itself make the charge a felony. The table below shows typical flat fees charged by criminal defense firms in the Tampa Bay area for each type of case. These are not our firm’s quotes. Some firms include trial in the fee; others charge a separate trial fee. At our firm, the fee covers the whole case, including trial.

The dates of your earlier convictions matter for a third DUI. A third DUI more than 10 years after a prior conviction falls under § 316.193(2)(b)2. and is not a felony. It is still a repeat offense, so we quote it based on your record.

DUI manslaughter becomes a first-degree felony if the driver knew or should have known about the crash and failed to give information and render aid as Florida law requires (§ 316.193(3)(c)3.b.). It is also a first-degree felony if the driver has a prior conviction for DUI manslaughter, boating-under-the-influence manslaughter, vehicular homicide, or vessel homicide (§ 316.193(3)(c)3.c.).

Do DUI Lawyers Charge a Flat Fee or by the Hour?

Most DUI lawyers in Florida charge a flat fee, which is one set price for the legal work on your case, agreed on before the work starts. A few lawyers bill by the hour, which means you do not know the total until the case is over.

At The Brancato Law Firm, we charge one flat fee for the whole case, including trial if your case goes that far. We quote it upfront, and we do not bill by the hour. Often a short phone call tells us enough to quote the fee. When it does not, and we cannot reasonably tell how much work the case will involve, we may first obtain the police report or other materials, or speak with the prosecutor, so that we know the work involved and the fee we quote is realistic. Our goal is a fee that is realistic for the work your case needs and fair to you. We are not the most expensive firm in Tampa, and we are not the least expensive. Some firms charge a separate trial fee on top of the pre-trial fee. That gives the lawyer a financial incentive to settle before the case is prepared for trial. With one fee for the whole case, the lawyer is paid to prepare for trial from the start. One fee does not mean one payment: you can pay our flat fee in installments, with half usually due at the time you hire us, as explained below. Our guide to what a criminal defense attorney costs in Tampa explains what affects the fee for other criminal charges.

If you have not been charged yet, the work is different. Some DUI cases, most often crashes that caused serious injury or a death, are not charged at the scene; the arrest can come weeks or months later, after the blood results and the crash investigation are complete. Pre-file advocacy means presenting your side to the prosecutor before the charging decision is made, and we usually charge a lower fee for that work. If charges are filed anyway, the pre-file fee is applied toward the total fee quoted for the case.

What Should a DUI Lawyer’s Fee Include?

A DUI fee should cover every stage your case could reach, from the license review at the start to a trial at the end. When a lawyer gives you a quote, check that it includes each of these:

• The license review. If your license was suspended at the arrest, you can ask the Florida Department of Highway Safety and Motor Vehicles to review the suspension. The review is your chance to challenge the suspension. You have only 10 days to request the review. The quote should say whether the fee includes requesting the review and handling the hearing. At our firm, both are part of the flat fee, at no extra charge.
• Discovery and video review. Discovery is the evidence the State has to share with the defense, such as police reports, breath test records, and dash camera and body camera video. Your lawyer should get all of it and review it.
• Depositions. A deposition is sworn questioning of a witness, such as the arresting officer, before trial.
• Motions to suppress. A motion to suppress asks the judge to keep certain evidence out of the case, for example because the traffic stop was not legal.
• Negotiation. Your lawyer talks with the prosecutor about reducing the charge or resolving the case.
• Diversion work. If you qualify for Hillsborough’s diversion program for first-time DUI cases, the fee should cover getting you into the program and handling your case until you finish it.
• Trial. If the case does not resolve earlier, the fee should cover preparing for trial, picking a jury, and trying the case.

If a quote leaves out any of these, ask the lawyer what each missing piece would cost if your case needs it.

What Is the Difference Between Attorney Fees and Costs?

Attorney fees and costs pay for different things. A clear quote lists them separately. The attorney’s fee pays for the lawyer’s time on your case and for the lawyer’s experience, including trial experience.

Costs, handled separately from the fee, pay for the outside people and services the defense needs. In a DUI case, costs can include a forensic toxicologist to review blood or breath results, a private investigator, a court reporter and the transcripts from depositions, and retesting a blood sample at an independent lab. Not every case needs these. A case with a blood test or a crash is more likely to need some of them.

A firm should handle larger costs in one of these two ways:

• A cost deposit. You pay an amount upfront, and the firm holds it in its trust account. The firm draws from the deposit as each cost comes due, and any money left at the end goes back to you.
• Paying the vendor directly. You pay the expert or service provider yourself, in advance, before the work is done.

We handle costs separately from our flat fee. Smaller costs, usually under $1,000, are typically advanced by the firm and billed to you at our actual cost. Larger costs, such as expert witnesses, are discussed with you and approved before they are incurred, and they are always charged at actual cost with no markup.

What Makes a DUI Lawyer Cost More?

Some facts of an arrest add work or costs to any type of DUI case:

• Refusing a breath or urine test. Under § 316.1939(1)(e), even a first refusal is a second-degree misdemeanor, which is a criminal charge. The rule took effect on October 1, 2025, under a state law called Trenton’s Law. The refusal is a second charge for your lawyer to defend, so it typically adds $1,000 to $3,000 to the fee.
• A blood test instead of a breath test. Blood results come with lab records to review and sometimes a retest at an independent lab.
• A commercial driver’s license (CDL). A DUI carries heavier license consequences for a commercial driver. More is at risk, so trial is more likely, and most CDL holders cannot resolve the case without losing their livelihood. For that reason, a CDL case costs substantially more.
• More witnesses and depositions. Each deposition adds lawyer time, so a case with more witnesses gets a higher quote. The court reporter’s transcript also adds to your costs.

With a flat fee, the facts of your arrest raise the price you are quoted at the start, because the fee is agreed on before the work begins.

Does Hillsborough’s RIDR Diversion Program Change the Cost?

Hillsborough’s diversion program for first-time DUI cases, called Reducing Impaired Driving Recidivism or RIDR, does not change our fee. It does add costs of its own. The Hillsborough County State Attorney’s Office, which runs RIDR, does not publish a program fee. Instead, you pay for the program’s requirements, such as DUI school, and standard court costs when the case closes.

RIDR is for first-offense misdemeanor DUI cases. The State Attorney’s Office decides whether to accept each case. A prior DUI, a minor in the car, a BAC of .20 or higher, or a crash keeps you out. Along with DUI school, the program requires a MADD Victim Impact Panel, community service, and a period of alcohol or drug monitoring. It ends with a plea to reckless driving instead of DUI. The judge withholds adjudication, which means the judge does not formally declare you guilty. Your plea can count as a conviction for some legal purposes, even though adjudication is withheld. RIDR is still not a dismissal, because the case ends with your plea to reckless driving.

What Else Does a DUI Cost Besides the Lawyer?

A DUI conviction brings its own costs on top of the lawyer’s fee. A standard first DUI conviction carries a fine of $500 to $1,000 under § 316.193(2)(a)1.a. Different fines apply if your BAC was .15 or higher, a minor was in the car, or a crash damaged someone’s property or injured someone. You also pay for DUI school yourself. Florida sets standardized DUI school fees: $330 for Level I and $495 for Level II, the program for repeat offenders, effective October 1, 2023. After a conviction, you need FR-44 insurance for 3 years. An FR-44 is a certificate your insurer files with the State to prove you carry much higher liability limits than Florida normally requires: $100,000 per person and $300,000 per crash for bodily injury, and $50,000 for property damage. As of October 2026, LendingTree puts Florida FR-44 rates at about $406 a month for liability coverage and $523 a month for full coverage, or about $4,872 and $6,276 a year. Rates vary widely by insurer, driving record, and ZIP code, so get quotes for your own situation. Our guide to DUI penalties in Hillsborough County covers the full list.

Is a Lawyer Worth It for a DUI?

For most people, a lawyer is worth it for a DUI, because a lawyer can protect your license and look for ways to avoid a DUI conviction and its costs. The license review has a short deadline. You have 10 days to request the review. If you miss the deadline, the suspension becomes final without a review. For a first suspension, that means 6 months for a BAC of .08 or higher, or 1 year for a refusal. If you want a lawyer to handle the review, you need to hire one before the deadline passes. Our guide to protecting your driver’s license after a DUI arrest explains the review.

A lawyer also reviews the traffic stop, the breath or blood testing, and the video for problems that can be challenged in court. Your lawyer can tell you whether you qualify for RIDR and whether entering the program makes sense for your case.

In our opinion, no one should represent themselves on a DUI charge. You do not know what you do not know. Probation can look like a good deal when a lawyer may have been able to get the case dismissed. The money you save up front then gets spent over years, on FR-44 insurance for 3 years and on fines and other fees.

What If I Can’t Afford a DUI Lawyer?

If you cannot pay the full fee at once, a payment plan lets you pay it over time. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. We offer payment plans through LawPay, an online payment service for law firms. LawPay also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness, such as your credit score.

If a private lawyer is not affordable at all, we recommend the public defender. You qualify for a public defender if you are found indigent, which generally means you cannot afford to hire a lawyer. In Hillsborough County, you apply through the Clerk of Court using the Criminal Indigent Application. Florida law sets a $50 application fee. Our guide to the public defender vs. a private attorney in Tampa explains how the two compare.

How Do I Compare DUI Lawyer Quotes?

Compare DUI quotes by what each fee covers, because two quotes for the same price can cover very different amounts of work. A lower quote that leaves out the license review or trial can cost more overall, because you pay extra for that work if your case needs it. If a private lawyer quotes a very low fee, you will likely get what you pay for, and you may be better off with the public defender. Ask every lawyer the same questions on the consultation call:

• Is this one flat fee for the whole case, including trial, or is the trial priced separately?
• What happens to the fee if my case ends early or I change lawyers? Florida Bar rules require a lawyer to confirm in writing when a fee is nonrefundable, so ask to see how the written agreement handles this.
• Does the fee include requesting the license review and handling the hearing?
• Which costs is my case likely to need, and how do you handle them? Do you hold a cost deposit in your trust account, or do I pay vendors directly?
• Who will work on my case day to day?
• Do you offer a payment plan, and how does it work?

Write down each lawyer’s answers so you can compare the quotes side by side after the calls.

DUI Lawyer Cost FAQs

What is the average cost of a DUI lawyer in Florida?

No reliable published average exists for Florida. In the Tampa Bay area, typical flat fees charged by criminal defense firms run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. At The Brancato Law Firm, the flat fee covers the whole case, including trial. Felony DUI cases cost more, from $7,500 for a third or later DUI to $45,000 or more for DUI manslaughter. These are ranges, not quotes. The only dependable number for your case is a written flat-fee quote, which we usually give after a short call about the facts.

Why do DUI lawyer fees vary so much?

Typical fee ranges are wide because every firm is different and every case is different. A first DUI with a breath test and no crash takes far less work than a case with a blood test, a crash, or a refusal charge. Firms also price differently. A firm that needs the case may charge less to get it, and a firm that is in demand may charge more. A fee alone does not tell you what you are getting, so judge each quote by the work it covers and the experience of the lawyer who will do it. At The Brancato Law Firm, we quote each fee on the facts of the case and aim to keep it realistic and fair.

Does The Brancato Law Firm offer payment plans for DUI cases?

Yes. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. LawPay separately offers Pay Later financing, and LawPay, not the firm, sets those terms based on your credit.

Is it worth fighting a DUI charge?

Whether fighting a DUI charge is worth it depends on the evidence against you, so the first step is having a lawyer review that evidence. Fighting can mean challenging the evidence, negotiating with the prosecutor, or taking the case to trial.

What is the 10-day rule for DUI in Florida?

The 10-day rule is Florida’s deadline to ask the Department of Highway Safety and Motor Vehicles to review the license suspension that can follow a DUI arrest. The rule is in § 322.2615(1)(b)3. of the Florida Statutes. The request is due within 10 days after the date the notice of suspension is issued. The officer normally issues the notice at the arrest, so the safest plan is to count from the day of the arrest.

Can a first-time DUI be dismissed in Florida?

A first-time DUI can be dismissed if the State cannot prove its case, such as when a judge rules that key evidence cannot be used. No lawyer can promise a dismissal.

Is the consultation free?

At The Brancato Law Firm, the consultation is free. Our consultations are confidential, come with no obligation, and are available by phone or in person. We are available 24/7 for arrest emergencies.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa DUI defense practice.

Talk to Us About Your DUI Case

If you were arrested for DUI in Tampa or anywhere in Hillsborough, Pinellas, or Pasco County, call us at (813) 727-7159. We know the cost of a lawyer is a real worry after an arrest. Our attorneys will look at what your case needs and give you a flat-fee quote before you decide anything. Rocky Brancato oversees our DUI defense work. He is a member of the National College for DUI Defense and the DUI Defense Lawyers Association, two national organizations of DUI defense lawyers. You can also reach us through our contact page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your lawyer has not returned your calls in weeks, has not shown you the evidence, or is pushing a plea you do not understand, you are not stuck. Changing lawyers in the middle of a case is common, and the rules make it simpler than most people expect. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. As former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I evaluated lawyers’ work for a living. Our attorneys review pending cases, tell clients honestly whether the current lawyer is doing the job, and take over the case when a change is needed.

Can I fire my criminal defense lawyer in Florida?

Yes. A client in Florida can discharge a lawyer at any time, for any reason. The comment to Rule 4-1.16 of the Rules Regulating The Florida Bar states that “A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services.” Once discharged, the lawyer must withdraw under Rule 4-1.16(a)(3).

Florida courts enforce that right without formalities. In Virgin v. Frexes, 435 So. 3d 157 (Fla. 3d DCA 2026), the court held that a client may discharge a lawyer simply by giving notice, and that “No magic words are required.” The client remains responsible for the reasonable value of the work the lawyer already did.

The constitutional right behind this is the right to counsel of choice. In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the U.S. Supreme Court held that wrongly denying a defendant the lawyer he chose is a structural error that requires reversal without any showing of prejudice. The Court also recognized that trial judges have “wide latitude in balancing the right to counsel of choice against the needs of fairness” and “the demands of its calendar.” That balance is why timing matters.

What are the warning signs your lawyer is not doing the job?

The warning signs line up with the duties every Florida lawyer owes a client. Rule 4-1.3 requires a lawyer to “act with reasonable diligence and promptness.” Rule 4-1.4 requires a lawyer to “keep the client reasonably informed about the status of the matter,” “promptly comply with reasonable requests for information,” and explain a matter “to the extent reasonably necessary to permit the client to make informed decisions.” Measured against those rules, here are the six red flags we see most.

These complaints are common. According to The Florida Bar’s report on 2024 discipline trends, the Bar receives about 14,000 inquiries a year and opened 3,659 files in 2024. Neglect ranked second and inadequate communication ranked fourth among complaint types.

How do you check who is actually representing you?

Check the court file and the state’s business records. Once a lawyer takes a criminal case, a notice of appearance is filed with the court. In Hillsborough County, you can see who has appeared in your case on the Clerk’s online court records. If the name on the court record is a different firm from the one you hired, ask why.

You can also search the lawyer and the firm on Sunbiz.org, the Florida Division of Corporations site, to see whether the lawyer is an officer of a separate firm. Some statewide brands are marketing operations that refer cases to independent local lawyers. Referral arrangements are not automatically improper, but they must be disclosed in writing, and you are entitled to know who will stand next to you in court.

How does switching lawyers work, step by step?

Switching lawyers follows a short, predictable process. The table below shows the order our attorneys follow when we take over a pending case.

Under Rule 2.505 of the Florida Rules of General Practice and Judicial Administration, substitution of counsel is accomplished by “a written order by the court, that reflects written consent of the client.” When a client moves from a public defender to private counsel, the private lawyer appears in the case and the public defender is discharged. Our post on public defender vs. private attorney in Tampa explains that choice in detail.

Will switching lawyers delay my case?

It can, and that is the main risk of waiting too long. A new lawyer often needs time to obtain discovery and prepare, and the court decides whether to grant a continuance. Courts take the right to counsel of choice seriously, but they also manage busy calendars.

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, addressed this in Jordan v. State, No. 2D2024-1440 (Fla. 2d DCA Mar. 25, 2026). The trial court denied a continuance after the defendant retained private counsel. The Second District reversed, holding the denial was an abuse of discretion because the court relied on an inaccurate case history and did not weigh factors such as the time new counsel needed to prepare, prejudice, the defendant’s role in any delay, and the complexity of the case. An earlier Second District case, Hill v. State, 157 So. 3d 481 (Fla. 2d DCA 2015), also reversed a denial of a continuance to retain private counsel where the case was only a month old and there was no sign of stalling.

The lesson is practical. A switch made early in a case rarely causes a problem. A switch made the week of trial may be denied, and the defendant may have to go forward with the lawyer they wanted to replace.

Will I get my money back if I fire my lawyer?

Possibly, depending on the fee agreement and how much work was done. Under Rule 4-1.16(d), a lawyer whose representation ends must refund “any advance payment of fee or expense that has not been earned or incurred.” Florida’s fee rule, Rule 4-1.5, defines three kinds of fees:

• A retainer guarantees the lawyer’s availability and is not payment for services.
• A flat fee is paid for all the legal services in the representation and “may be termed ‘non-refundable.'”
• An advance fee is billed against as the lawyer works.

A fee that is nonrefundable in any part must be confirmed in writing and must explain the parties’ intent. Even then, every fee is subject to the rule against “clearly excessive” fees. If a lawyer was paid a large flat fee and did little or nothing before being discharged, the fee can be challenged, and The Florida Bar’s Attorney Consumer Assistance Program takes those inquiries.

Most criminal defense firms, including ours, charge flat fees that cover the whole case. Our firm typically requires half up front and works out a plan for the balance while the case is pending. Fees are quoted on the facts and complexity of each case. Our guide to how much a criminal defense attorney costs in Tampa explains how fees are set.

Why do overloaded lawyers miss things?

Time is the scarcest resource in criminal defense. RAND’s National Public Defense Workload Study (2023) estimated the attorney hours a case needs to be defended competently: about 13.8 hours for a low-level misdemeanor, 19 for a low-severity DUI, 57 for a mid-level felony, and 248 for a murder case. The authors concluded that “Excessive caseloads violate ethics rules and inevitably cause harm.”

The same math applies to private practice. A lawyer who takes more cases than the hours in a week allow cannot return calls, review discovery, or prepare for depositions. When we evaluate a case for a client who wants a second opinion, the first thing we look at is whether the work that should have been done by that point actually was.

How do our attorneys take over a pending case?

Our attorneys take over a pending case by auditing what has been done, filling the gaps, and telling the client plainly where the case stands. You can learn more on our Hillsborough County criminal defense attorney page.

1. Read everything. The charging document, the discovery, the docket, and every deadline.
2. Identify missed opportunities. Unfiled motions to suppress, witnesses never deposed, experts never consulted, and mitigation never prepared.
3. Talk to the prosecutor. A new lawyer is a new opportunity to present the defense’s view of the case.
4. Communicate. Clients receive case updates through our client portal and can send confidential messages there, and our attorneys return client calls within 24 hours.

Fresh eyes change outcomes. In February 2025, our firm had a felony warrant that had been pending for more than four years quashed and the case dismissed. Other results are on our case results page. Past results do not guarantee future outcomes.

For more on choosing well the first time, read How to Choose a Criminal Defense Attorney in Tampa and Rocky Brancato’s book, “How to Choose a Major Crimes Attorney, or Any Criminal Defense Attorney for That Matter,” available on Amazon.

Frequently asked questions about switching criminal defense lawyers

Can I fire my lawyer right before trial in Florida?

You can discharge your lawyer at any time, but the judge does not have to delay a trial to accommodate the change. The Brancato Law Firm advises clients to act as soon as the warning signs appear, because courts weigh the timing of the request when deciding whether to grant a continuance.

Can my old lawyer keep my file if I switch?

Generally no. Rule 4-1.16(d) requires a lawyer to surrender papers and property the client is entitled to, although the lawyer may keep some materials to the extent the law allows. Our attorneys at The Brancato Law Firm request the file directly from prior counsel as part of taking over a case.

Can I switch from a public defender to a private lawyer?

Yes. Once you retain private counsel, the court substitutes the private lawyer for the public defender. The Brancato Law Firm explains the tradeoffs, including when keeping an experienced public defender makes sense, in our public defender vs. private attorney guide.

Is a nonrefundable flat fee really nonrefundable in Florida?

Not always. A flat fee may be called nonrefundable if that is confirmed in writing, but every fee remains subject to Rule 4-1.5’s ban on clearly excessive fees. The Brancato Law Firm puts the fee terms in a written agreement before any work begins, so clients know exactly what they are paying for.

What should I bring to a second-opinion consultation?

Bring the charging document, any bond paperwork, the court dates, your fee agreement with the current lawyer, and any discovery you have been given. Our attorneys at The Brancato Law Firm can usually tell in one meeting whether the case has been worked or neglected. Learn more on our Hillsborough County criminal defense page.

Will the judge be upset if I change lawyers?

No. Changing lawyers is common, and judges see substitutions every week. The Brancato Law Firm handles the substitution so the court has what it needs and the case keeps moving.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Get a second opinion on your criminal case

The sooner you switch, the more options remain. Motions have deadlines, witnesses become harder to find, and trial dates get closer. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review your case, tell you honestly whether a change is needed, and handle the substitution if you decide to move forward. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. See our Spanish and Haitian Creole criminal defense page.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.

I’m Tampa Attorney Rocky Brancato, founder of The Brancato Law Firm, P.A. For more than 25 years, I’ve defended clients in Hillsborough County at every level—from misdemeanor DUI through capital murder. This guide will help you understand what drives criminal defense pricing, how The Brancato Law Firm sets its fees, and what you should actually be looking for when you evaluate an attorney’s fee.

What Factors Determine Criminal Defense Attorney Fees?

There is no single price for criminal defense because no two cases involve the same work. However, three factors consistently drive the fee, and understanding them helps you evaluate whether a quoted price is reasonable.

Severity of the charge. A second-degree misdemeanor carries a maximum of 60 days in jail. By contrast, a first-degree felony carries up to 30 years, and a capital case carries death. The higher the stakes, the more preparation the defense requires, and the higher the fee. A standard misdemeanor may cost a few thousand dollars with experienced counsel. On the other end of the spectrum, a death penalty case requires a minimum of two death-qualified attorneys, a mitigation specialist, forensic experts, and sometimes years of preparation—with attorney fees alone exceeding $500,000.

Complexity of the evidence. A straightforward possession case involves different work than a case built on DNA, cell tower data, digital forensics, child hearsay testimony, or surveillance video from multiple angles. Complex evidence requires expert analysis, independent testing, and hours of preparation that simpler cases do not. At The Brancato Law Firm, our Major Crimes Unit background gives us firsthand understanding of how much work serious evidence challenges actually require.

Experience of the attorney. A newly licensed attorney may charge $1,000 for a case. An attorney with 25 years of trial experience, death qualification, and a track record in serious felony cases will usually charge more. That gap reflects a real difference in preparation, courtroom skill, and outcomes. Experience is not a luxury—it’s the thing that makes every other part of the defense work.

How Does The Brancato Law Firm Set Its Fees?

The Brancato Law Firm charges one flat fee for the whole case, including trial. Two cases with the same charge can require very different amounts of work, so we set the fee based on the charge, the facts, and how complicated the case is likely to be. Often a short phone call tells us enough to quote the fee. When it does not, and we cannot reasonably tell how much work the case will involve, we may first obtain the police report or other materials, or speak with the prosecutor, so that we know the work involved and the fee we quote is realistic. The ranges in this guide are ranges, not quotes. Our goal is a fee that is realistic for the work your case needs and fair to you. We are not the most expensive firm in Tampa, and we are not the least expensive.

If you have not been charged yet, the work is different. Pre-file advocacy means presenting your side to the prosecutor before the charging decision is made, and we usually charge a lower fee for that work. If charges are filed anyway, the pre-file fee is applied toward the total fee quoted for the case. Learn more about hiring a Tampa attorney before charges are filed.

Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. LawPay also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness, such as your credit score. Smaller case costs, usually under $1,000, are typically advanced by the firm and billed to you at our actual cost. Larger costs, such as expert witnesses, are discussed with you and approved before they are incurred, and they are always charged at actual cost with no markup. The consultation is free.

What Does a Higher Fee Pay For?

Because the work is different. An experienced criminal defense attorney doesn’t just know the law—they know how cases are actually won and lost in courtrooms like the Hillsborough County Courthouse and the 13th Judicial Circuit.

Experienced attorneys investigate—visiting crime scenes, reviewing surveillance footage, and identifying evidence the state missed. Witnesses are deposed under oath before trial, locking in testimony and exposing inconsistencies. Independent forensic experts are retained to challenge the state’s evidence on its own terms. Motions to suppress illegally obtained evidence and dismiss charges based on constitutional violations are filed and argued. Every case is prepared for trial, which creates genuine leverage in plea negotiations—because prosecutors know the difference between an attorney who will actually try the case and one who won’t.

Because I taught criminal procedure and courtroom testimony at the police academy, I understand how law enforcement is trained to build cases and present testimony. That knowledge directly informs how we prepare cross-examinations and challenge evidence at The Brancato Law Firm. It’s the kind of preparation that doesn’t exist in a $1,000 fee.

What Is the True Cost of Your Criminal Defense Attorney?

Most people evaluate attorneys by the number on the fee agreement. But the fee is only what you pay—it’s not what the defense costs you. The true cost is measured in outcomes.

A low fee with a conviction means prison time, a permanent criminal record, job loss, housing barriers, loss of professional licenses, and—in sex crime cases—lifetime sex offender registration. A higher fee with a dismissal, acquittal, or reduced charge means your life continues. That’s not an abstract comparison. It’s the difference we see play out in Hillsborough County courtrooms every week.

The right attorney is not the cheapest. An extremely expensive attorney is not always the best. The right attorney is the one who fights—and the fee should reflect the preparation required to fight effectively. At The Brancato Law Firm, every fee we quote reflects the actual work the case demands, and we work to keep it realistic and fair.

What Is the Difference Between Attorney Fees and Costs?

This is a distinction many attorneys fail to explain clearly, and it matters when you’re comparing quotes.

Attorney fees pay for the lawyer’s work—investigation, discovery review, motion practice, depositions, client communication, negotiation, and trial preparation.

Costs are separate third-party expenses required to build the defense. These include expert witnesses (forensic scientists, toxicologists, DNA analysts, accident reconstruction specialists), private investigators, court reporters for depositions, and—in capital cases—mitigation specialists. Depending on the case, costs can add thousands or tens of thousands of dollars on top of the attorney fee.

Should I Be Concerned About Separate Trial Fees?

Probably. This is something most clients don’t think to ask about, but it affects how your case is prepared from day one.

Many criminal defense attorneys quote a “pre-trial fee” and a separate “trial fee.” The problem isn’t just additional cost to you—it’s the built-in motivation on the attorney’s side to try to work things out without fully preparing for trial. When the attorney only gets paid more if the case goes to trial, there’s less incentive to do the exhaustive preparation that drives better outcomes at every stage.

At The Brancato Law Firm, we prepare every case as if it’s going to trial. Just because we prepare for trial does not mean the case will go to trial. But the leaving-no-stone-unturned aspect of that preparation—the depositions, the motions, the independent investigation—often leads to better resolutions without a trial, precisely because the prosecutor knows we are ready. Prosecutors are rationally self-interested. They have personal lives and heavy caseloads of their own. Trials are extraordinarily work-intensive for both sides. When a prosecutor sees that the defense has prepared the case, filed relevant motions, and controls the narrative about where the case is heading, the calculus changes. That leverage only exists when the preparation is real.

How Should I Think About Paying for Criminal Defense?

We strive to make our services accessible. Half of the fee is usually due at the time you hire us, and we work out a payment plan so the balance is paid while your case is pending. We understand that criminal charges arrive without warning, and not everyone can write a check for the full fee on day one. Our goal is to ensure financial constraints don’t prevent you from receiving the defense your case requires.

That said, we believe in honesty over sales. If your financial situation means you’ll struggle to sustain payments, we will tell you that during the consultation—before you spend money you don’t have. The worst outcome is hiring a private attorney you can’t afford, making a few payments, watching them file a motion to withdraw, and ending up with the public defender months later, thousands of dollars poorer, with a case that’s been neglected in the interim.

What If I Think I Can’t Afford a Criminal Defense Attorney?

This is one of the most common reasons people hesitate to make the call—and it’s worth thinking through carefully before deciding you can’t afford representation.

Families pull together. Savings get repurposed. Financing options exist. None of those conversations are easy, but they’re worth having—because the cost of not hiring an attorney is rarely just the legal outcome. It’s the job you lose, the professional license that gets revoked, the housing you can’t secure, the registration requirements that follow you for life. When you weigh the fee against those consequences, the math changes.

Past results do not guarantee future outcomes.

Can I Find an Affordable Criminal Defense Lawyer in Tampa?

Yes, if affordable means a fee that fits the work your case needs rather than the lowest number you can find. The Brancato Law Firm quotes one flat fee that covers the whole case, including trial, so there is no separate trial fee waiting later in the case. If you have not been charged yet, pre-file advocacy usually costs less, and that fee is applied toward the total if charges are filed. If our fee is beyond your reach, we will tell you during the consultation, and if you qualify, we may point you to the Hillsborough County Public Defender’s Office, where dedicated attorneys provide quality representation.

Is a Public Defender a Good Alternative to Hiring a Private Attorney?

This question deserves a more honest answer than most private defense attorneys will give you.

Public defenders are not the enemy, and they are not automatically inferior. I spent years at the Hillsborough County Public Defender’s Office, eventually serving as Chief Operations Officer where I led and mentored a staff of over 100 attorneys. Many assistant public defenders are highly skilled, dedicated professionals who gain extensive trial experience early in their careers. Some of the best criminal defense attorneys in Florida started as public defenders.

The real differences are structural. Public defenders are not appointed until after charges are filed—sometimes not until arraignment—so they may not be able to provide pre-file intervention. Caseloads range from 125 to 400 or more cases depending on the circuit’s funding. High turnover means your attorney may leave mid-case and be replaced by someone new. And public defenders generally do not handle ancillary matters like license hearings, professional licensing consequences, or immigration issues. Finally, you do not get to choose your public defender.

But here’s what most private attorney websites won’t tell you: there are private attorneys running 400 cases at low fees who have less time for your case than a public defender would. The title “private attorney” does not guarantee better representation. If you qualify for the public defender—which requires household income below 200% of the federal poverty guidelines—and you cannot genuinely afford private counsel, a dedicated public defender may serve you well.

For more about how to evaluate the structural differences, visit our guide on Public Defender vs. Private Attorney in Tampa.

What Should I Look for Beyond the Price When Hiring a Criminal Defense Attorney?

Price tells you something, but it doesn’t tell you everything. At The Brancato Law Firm, we encourage every prospective client to ask these questions during any consultation—even if they ultimately hire someone else:

• What does the fee include, and what costs are separate? Get this in writing before you sign anything.
• Is trial included, or does trial cost extra? Separate trial fees create incentives to skip full preparation.
• How many active cases are you currently handling? An attorney carrying 200 or more cases cannot give a serious charge the attention it demands.
• How many jury trials have you personally conducted? Trial experience is the leverage that makes every negotiation effective.
• Will the attorney I’m meeting today actually handle my case? At many firms, the consultation attorney is not the courtroom attorney.

These questions cost nothing to ask and will tell you more about a firm’s practice than any advertisement, website, or Google ranking. The answers should be specific, direct, and verifiable.

Frequently Asked Questions About Criminal Defense Costs in Tampa

Questions About the Brancato Law Firm, P.A.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

Past results do not guarantee future outcomes.

Related Links

• Criminal Trial Attorney in Tampa: How Trial Preparation Builds a Stronger Defense
• Public Defender vs. Private Attorney in Tampa
• Brancato Law Firm, P.A. – Practice Areas

The first question almost every family asks when a loved one is charged with a sex offense in Florida is what a real defense costs. Across Florida, experienced private defense typically starts around $20,000, scaling into six figures for capital sexual battery cases with strong evidence to fight. The fee tracks the charge level under Florida Statutes § 800.04, § 794.011, § 827.071, and § 847.0135, the actual trial experience of the attorney, and what the defense has to fund: investigators, forensic computer experts, mitigation specialists, and expert psychologists.

At The Brancato Law Firm, about 35% of our active caseload is sex offense work, and we have versions of this conversation with families almost every week. Your fee funds three things: time, trial credibility, and the resources to test the State’s evidence. You are buying it against a system in which roughly 97% of federal felony convictions come from guilty pleas, where Florida public defender felony caseloads have repeatedly run more than double the national maximum, and where almost any conviction under Chapters 794, 800, 827, or 847 triggers lifetime sex offender registration under Fla. Stat. § 943.0435.

Underpaying for a sex case is, in practical terms, paying for a guilty plea.

What Florida Sex Crimes Defense Attorneys Typically Charge

There is no published fee schedule for criminal defense in Florida. The Florida Bar does not set rates. The ranges below reflect realistic pricing for experienced private representation, drawn from public consumer sources, the Bar’s own consumer pamphlet on attorneys’ fees, and Clio’s lawyer hourly rate data, which puts the 2025 U.S. average attorney hourly rate at $349 with significant practice-area variance.

These are working ranges, not quotes. Individual fees vary materially by jurisdiction, by the lawyer’s experience and trial record, and by case-specific factors: the number of charges, the age of the alleged victim, the volume and complexity of digital evidence, and how many state witnesses will require deposition. The upper bound on sex cases is driven by expert witnesses and trial complexity. The table describes the Florida market as a whole, not The Brancato Law Firm’s fee schedule.

Quotes below these ranges exist in the market. They typically do not fund the depositions, motions, and experts a serious sex defense actually requires. A $10,000 quote on a felony sex case should be treated as a warning sign, not a bargain.

At The Brancato Law Firm we provide a clear, upfront flat-fee quote on every case. The fee covers the entire case from intake through trial if necessary. We do not publish a fee schedule because every case is different. We usually set each fee after a short call about the charge, the facts, and the intricacies of the case. When that is not enough to know the work involved, we may first review the police report or other information, or speak with the prosecutor, so the quote is realistic. We aim to be realistic and fair. We are not the most expensive firm in Tampa, and we are not the least expensive. The ranges above give you a realistic sense of what serious private defense costs in Florida.

Why Most Florida Sex Crimes Attorneys Charge Flat Fees

Florida prohibits contingency fees in criminal cases. Under Rule 4-1.5(f)(3)(A) of the Rules Regulating The Florida Bar, contingent fees are flatly barred in criminal matters. That leaves three structures: flat fees, hourly billing, or hybrid retainer arrangements. The Bar’s consumer pamphlet on Attorneys’ Fees confirms that flat fees are the customary structure in criminal defense.

A flat fee gives the client cost certainty and aligns the attorney’s economic incentives with the client’s interests. Fewer hours billed never means less work, and the attorney is not penalized for taking the case all the way to trial. Flat-fee pricing for state-court criminal cases is the dominant pricing model in Florida.

There are three other arrangements you may encounter:

• Hourly billing. Some attorneys, especially in federal cases, bill at hourly rates between $200 and $700. The risk for the client is open-ended cost. A complex sex case can absorb hundreds of attorney hours, plus investigator and expert hours.
• Hybrid retainer. A retainer covering a set number of hours, then hourly above that. More common in federal or white-collar matters than in state-court sex cases.
• Split flat fees (pre-trial and trial). Some firms quote one flat amount for pre-trial work and a separate flat amount if the case proceeds to trial. We discuss the problem with this structure in the next section.

What matters more than the structure is what is in writing. Florida Bar Rule 4-1.5(e) permits a non-refundable flat fee, but the non-refundable nature must be confirmed in writing. Florida Bar Ethics Opinion 93-2 cautions that even a properly designated non-refundable fee remains subject to the rule against “clearly excessive” fees. If an attorney will not put the fee, the scope, and the refund treatment in writing, walk away.

Why Cheap Defense Fails in Florida Sex Cases

The price gap between a $15,000 quote and a $50,000 quote is real because the work behind those quotes is real. We have handled cases where the prior attorney quoted a fee well below market and the family came back to us after a plea offer that locked in lifetime registration. A serious flat fee on a sex case typically funds:

• Time on file. Clio’s research shows the average lawyer bills only about 2.6 hours of an 8-hour workday. A bargain-rate retainer cannot fund the time required to take meaningful depositions, file and litigate suppression motions, and prepare for jury trial. 

A real flat fee on a single sex case can.

• Independent investigation. Sex cases turn on credibility. Investigators interview the complainant’s friends, prior partners, school staff, social workers, and uncover digital evidence that police did not pursue.
• Expert witnesses. Per the SEAK 2024 expert witness fee survey, computer forensics experts charge around $325 per hour on average for trial testimony, and expert retainers average $2,000. A complete CSAM defense often requires a forensic computer examiner, a clinical psychologist for risk and mitigation, and sometimes a polygraph examiner. Expert costs of $5,000 to $25,000 or more are routine and are handled separately from the attorney’s fee.
• Trial preparation. Jury selection in a sex case requires careful voir dire on victims’ rights, exposure to media coverage, and social attitudes. Cross-examination of a child or vulnerable witness requires dozens of preparation hours.
• Track record. Florida Bar Rule 4-1.5(b)(7) explicitly lists “the experience, reputation, diligence, and ability of the lawyer” as a reasonableness factor. An attorney who has tried sex cases to verdict in Florida circuit court is a different kind of resource than an attorney who has never selected a jury in one.

That is why a bargain-rate quote on a sex case is not really representation. The work is what costs money, and the work is what changes the outcome.

Why an All-In Flat Fee Protects You

Some Florida defense attorneys split the fee on a serious sex case into two figures: one for pre-trial work, a separate (often larger) figure if the case proceeds to jury trial.

This structure creates a problem for the client. When the attorney’s compensation depends on whether the case settles or tries, the attorney has a financial reason to favor a pre-trial resolution. The case may be worked up just enough to negotiate a plea, not enough to actually try. The trial threat is not credible because the trial preparation is not real.

The leverage to negotiate a good outcome comes from the credible threat of trial. The National Association of Criminal Defense Lawyers’ Trial Penalty report documented that less than 3% of state and federal criminal cases now go to trial, down from roughly 20% three decades ago. 

In federal felony cases, sentences after trial are on average about seven years longer than the pre-trial plea offer. The American Bar Association’s 2023 Plea Bargain Task Force Report reached the same conclusion.

If the State knows your attorney has not actually prepared the case for trial, the offer reflects that. If the State knows you are funded and prepared to try the case, the offer reflects that too.

That is why The Brancato Law Firm charges one flat fee for the entire case. One number, all in, from intake through trial if necessary. Every case is worked up as if it will be tried, because that is the only way the trial threat is real. That is what we mean when we describe our practice as trial-ready, not deal-ready.

What the Flat Fee Covers and How Costs Are Handled Separately

The word “retainer” gets used loosely to describe four different things in Florida practice. The distinctions matter when you are signing a fee agreement.

A well-drafted Florida criminal defense fee agreement should specify:

• The exact scope of representation in writing. For an all-in flat fee, the scope covers the entire case from intake through resolution, including trial if necessary.
• What is excluded. Common exclusions include interlocutory appeals, post-conviction motions, and direct appeals to the District Court of Appeal.
• The non-refundable nature of any flat fee, in writing.
• How costs will be handled (see below).

Costs are separate from the attorney’s fee. They are the third-party expenses needed to mount the defense: court reporters, deposition transcripts, expert witnesses, private investigators, psychological evaluations, medical records, and travel for out-of-area witnesses. Two ethical, structured methods exist for handling these costs in Florida criminal defense:

1. Cost deposit held in trust. The firm collects an advance amount, places it in the client trust account, and pays vendors from it as costs are incurred. Unused funds are returned to the client at the end of the case.
2. Direct vendor payment in advance. The client pays the vendor (expert, investigator, lab) directly before services are rendered.

Both methods avoid the delay that happens when costs are paid “as they come up” with no structure in place. A case waiting on a forensic computer examiner who has not been retained because the cost was not pre-funded is a case that is not being prepared.

Standard cost categories to expect:

• Court reporter and transcript fees for depositions
• Investigator fees ($75 to $150 per hour)
• Expert witness retainers and testimony fees (computer forensics around $325 per hour; psychological evaluations $2,500 to $10,000)
• Travel costs for out-of-area witnesses or experts
• Appeal fees if the case is convicted at trial and appealed

Florida Bar guidance requires that third-party costs be charged to the client at the actual amount paid by the lawyer.

Public Defender Risk in Florida Sex Crime Cases

Florida public defenders are licensed members of the Bar, and many are exceptional attorneys. Some of the most talented trial lawyers in the courthouse work in public defender offices, especially in major crimes units. This is not an indictment of the people. It is a description of the structural problem they face.

In Public Defender, Eleventh Judicial Circuit v. State, 115 So. 3d 261 (Fla. 2013), the Florida Supreme Court reviewed evidence that the Miami-Dade Public Defender’s non-capital felony caseload had been “in the range of 400 cases per attorney for a number of years.” The American Bar Association’s recommended maximum is 150. The Brennan Center’s A Fair Fight report concluded that “only 21 percent of state-based public defender offices have enough attorneys to adequately handle their caseloads.”

A peer-reviewed Florida-specific study published in the Journal of Criminal Justice by Williams (2013) found that “defendants with public defenders are more likely to be detained pretrial, more likely to be convicted, and less likely to have their cases dismissed.” Bureau of Justice Statistics surveys show that defendants with public counsel are sentenced to incarceration at higher rates than those with private counsel: 71% vs. 54% in large state courts.

For sex cases specifically, the structural problem is sharper. Sex case defense requires deposition of multiple state witnesses, retention of forensic experts, and dozens of hours of trial preparation. An attorney holding 400 active cases cannot deliver that. Not as a personal failing, but as an arithmetic one.

When the public defender is the right answer. If household income is at or below 200% of the federal poverty guidelines and you have under $2,500 in non-homestead equity, you qualify under Fla. Stat. § 27.52, and the public defender is your realistic path. We have always said directly: if you cannot afford a strong private attorney, you may be better off with a public defender than a low-cost private lawyer. A bargain-rate private attorney with no time to investigate is the worst of both worlds.

How Florida Families Pay for Serious Sex Crime Defense

For most families, a $30,000 or $75,000 defense fee is not money sitting in a checking account. It is money assembled from multiple sources. Florida Bar Rule 4-1.8(f) permits a third party (a parent, spouse, employer) to pay legal fees, provided the client gives informed consent and the third-party payment does not interfere with the lawyer’s independent professional judgment.

Common funding sources we see in serious Florida sex cases:

• Family pooling. The single most common source. Research published in Science Advances on the Family Incarceration Costs Survey found that family members typically bear thousands of dollars in costs related to a member’s incarceration, and the Consumer Financial Protection Bureau has documented that families, particularly women and Black women, disproportionately shoulder these costs.
• Home equity loans or second mortgages. Common when total fees plus expert costs exceed $50,000.
• Personal loans and credit cards. The Florida Bar consumer pamphlet specifically notes that lawyers may accept payment by major credit card.
• Retirement accounts. Possible, but tax-penalized.
• Crowdfunding. Limited. GoFundMe’s terms of service expressly prohibit campaigns for the legal defense of sex crimes or crimes against minors.
• Payment plans with the firm. Many firms accept a substantial percentage upfront with the balance over an agreed period. At The Brancato Law Firm, half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while the case is pending; we set the structure during the consultation. LawPay also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness.

The strategic point is to assemble the funding before you hire, not after. A $40,000 fee assembled from a parent’s home equity line, a sibling’s loan, and a structured payment plan, plus a separate cost deposit for experts, is a coherent investment in liberty and a clean record. A bargain-rate fee paid alone, with no reserve for experts, is usually not.

Why the Registry, Not the Sentence, Drives the Real Price

Most families come to us focused on prison time. That is the wrong primary stake.

Prison ends. Florida sex offender registration does not. Under Fla. Stat. § 943.0435(11), a “sexual offender shall maintain registration with the department for the duration of his or her life unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding.” The Office of Program Policy Analysis and Government Accountability’s December 2024 report found that since 2021, only about 2,500 individuals have been removed from Florida’s registry, and most of those removed were deceased.

The Florida registry is also enormous and growing. As of October 2024, the Florida Department of Law Enforcement registry held 86,207 sex offenders, and the in-community registrant population has grown 62% since 2005. Registrants must report in person within 48 hours of any change of residence, employment, vehicle, internet identifier, or name. Failure to register is a separate third-degree felony. Florida also imposes 1,000-foot residency restrictions from schools, daycares, parks, and playgrounds when the victim is under 16, and many municipalities layer on 2,500-foot ordinances.

This is what the fee is fighting for. The defense strategy that produces a non-registration disposition (a charge reduction to a non-qualifying offense, a withhold of adjudication where statutorily allowed, pre-trial diversion in narrow circumstances, dismissal, or acquittal) is worth substantially more than any incremental reduction in prison time. Hiring an attorney who understands which Florida charges trigger registration under § 943.0435, and which alternative dispositions do not, is the single most important variable in pricing this kind of case correctly.

This is also why our pre-file advocacy work matters so much. We usually charge a lower fee for pre-file advocacy, and if charges are filed anyway, that fee is applied toward the total fee quoted for the case. When we get involved before charges are filed, we can sometimes present the flaws in the State’s case directly to the prosecutor and prevent a registration-triggering charge from ever being filed in the first place. Those outcomes never make the news, but they change lives.

Three Questions to Ask Before Hiring a Florida Sex Crimes Attorney

If you interview three attorneys, ask each of them the same three questions, and compare the answers. We have written more on this in our complete guide to choosing a Tampa criminal defense attorney, but the short version is:

1. How many sex cases have you tried to verdict in Florida circuit court in the last five years? A specialist will have a number. A generalist will have none or one. There is a meaningful difference between an attorney who has handled sex cases at intake and an attorney who has selected juries in them.
2. Does your fee cover the entire case, or is it split between pre-trial and trial? An all-in flat fee aligns the attorney’s incentives with your interest in being prepared to try the case. A split fee gives the attorney a financial reason to settle pre-trial. Ask, and get the answer in writing.
3. What experts do you typically retain in a case like mine, and approximately what do they cost? An attorney who has actually defended a CSAM case or a traveling case should be able to answer this without consulting their notes. Ask also how costs are handled: cost deposit held in trust, or direct vendor payment in advance.

Any attorney who cannot answer these three questions on the spot is the wrong choice for a serious sex case. Any attorney who refuses to put the fee structure in writing is also the wrong choice.

How The Brancato Law Firm Approaches Sex Crime Defense

The Brancato Law Firm is an exclusively criminal defense firm serving Hillsborough, Pinellas, and Pasco Counties. About 35% of our active caseload is sex crime work, which is a deliberate concentration. Rocky Brancato spent years in the Major Crimes Unit at the Hillsborough County Public Defender’s Office handling only homicide, sex crimes, and child abuse cases, and later served as the office’s Chief Operations Officer, leading the largest criminal defense operation in Tampa Bay. He is death-qualified under Rules of the Florida Supreme Court, has tried 150+ jury trials to verdict, and has trained hundreds of attorneys in trial advocacy.

Our pricing is one flat fee for the entire case, quoted upfront, usually after a short call, based on the facts, the intricacies of the case, and the actual work it requires. The fee covers everything from intake through trial if necessary. We do not charge a separate trial fee, because a separate trial fee gives the attorney a financial incentive to settle before the case is fully prepared for trial.

Costs are separate from the attorney’s fee and are handled either through a cost deposit held in our client trust account, drawn down as costs are incurred with unused funds returned, or by the client paying the vendor directly in advance. Both methods keep case preparation moving without ad-hoc payment delays.

Half of the fee is usually due at the time you hire us, and we extend payment plans for the balance where the client needs them, and we accept third-party fee payments with informed consent under Florida Bar Rule 4-1.8(f).

What we do not do is quote a low number on the front end and discover the experts and depositions later. Sex cases are won or lost on forensic challenges, witness preparation, and pre-file advocacy. We price the case to fund that work.

Each case is unique. Past results do not guarantee future outcomes.

Frequently Asked Questions

Why are sex crimes cases more expensive to defend than other felonies?

Sex cases require deposition of more state witnesses, frequent retention of forensic computer or DNA experts, careful jury selection, and extensive trial preparation around credibility. They also carry lifetime registration consequences, which raises the strategic stakes of every charging decision. The defense work is broader and deeper than a typical felony.

Is the trial included in the flat fee, or charged separately?

It depends on the firm. Some Florida attorneys quote one flat fee for the entire case from intake through trial. Others quote a pre-trial fee and a separate trial fee. The all-in flat fee aligns the attorney’s incentives with your interest in being prepared to try the case. The split fee gives the attorney a financial reason to favor a pre-trial resolution. Confirm the structure in writing before you sign. The Brancato Law Firm uses one flat fee for the entire case.

What is a reasonable retainer for a sex crime case in Florida?

Published consumer sources put the retainer for serious private representation in a Florida sex case at approximately $20,000 on the low end, scaling into six figures for capital sexual battery cases with strong evidence to fight. Quotes meaningfully below that range typically do not fund the depositions, motions, and experts the case requires. The Brancato Law Firm usually quotes its flat fee after a short call about the facts of your case and aims to keep it realistic and fair.

Will my attorney charge extra for experts and investigators?

Expert witness fees and investigator fees are separate from the attorney’s flat fee. Two structured methods exist for handling them: a cost deposit held in the client trust account that is drawn down as costs are incurred (with unused funds returned), or the client paying the vendor directly in advance. Florida Bar guidance requires that third-party costs be charged to the client at the actual amount paid by the lawyer. Get an estimate of expected expert costs in writing before you hire.

Are payment plans available for criminal defense in Florida?

Yes. Many Florida criminal defense firms accept structured payment plans, often with a substantial percentage upfront and the balance over an agreed period. Family members and other third parties may also pay legal fees under Florida Bar Rule 4-1.8(f), provided the client gives informed consent.

Should I just use a public defender for a sex case?

If you qualify as indigent under Fla. Stat. § 27.52, the public defender may be your only realistic path, and Florida public defenders include some of the most experienced trial lawyers in the courthouse. If you can afford private counsel and can fund the necessary depositions and experts, the structural caseload reality of Florida public defender offices generally favors private representation for sex cases. A bargain-rate private attorney with no time to investigate is usually the worst option of the three.

Get a Clear Answer on What Your Defense Should Cost

If you or a family member is under investigation or charged with a sex offense in Hillsborough, Pinellas, or Pasco County, we are happy to walk through the case with you, explain the realistic fee range based on the charge, and tell you honestly whether we are the right fit. Consultations are free, confidential, and available 24/7. Call (813) 727-7159 or contact The Brancato Law Firm to schedule.

The lawyer you hire in the first weeks after a felony arrest decides who examines the evidence, who speaks to the prosecutor before charges are filed, and whether anyone at the defense table is ready to try the case. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have watched that choice shape outcomes for more than 25 years in Hillsborough County courtrooms, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys prepare every felony as if it will be tried, test the State’s forensic work with independent experts, and contact the prosecutor before the filing decision when the timing allows. This guide gives you the standards to measure any lawyer, including ours.

What should you look for in a Tampa criminal defense attorney?

Look first for verified jury trial experience in cases like yours, then for forensic skill, early intervention, and a named attorney who will personally handle the case. Advertising, review counts, and a polished website are the least reliable signals. Use these seven criteria as your scorecard:

1. Jury trials to verdict in cases like yours. Ask for a number, as lead counsel, and for the charges involved.
2. Forensic evidence skill. Ask how the firm reviews lab reports, phone extractions, toxicology, and autopsy findings, and which independent experts it uses.
3. Pre-file advocacy. Ask whether the lawyer will contact the State Attorney’s Office before the charging decision.
4. A named attorney. Get the name of the lawyer who will appear in court, in writing.
5. Verifiable credentials. Peer ratings and court-rule qualifications that cannot be purchased.
6. Local practice. Regular work in the 13th Judicial Circuit (Hillsborough) or the 6th Judicial Circuit (Pinellas and Pasco).
7. A clean record and clear fee terms. An eligible Florida Bar status, no unexplained discipline, and a written fee agreement that says what is and is not covered.

At The Brancato Law Firm, we encourage every prospective client to apply this list to us and to every other firm they interview.

Where should you start looking for a criminal defense lawyer in Tampa?

Start by asking people who watch defense lawyers work: other attorneys, judges, court staff, and law enforcement professionals you know. They see who prepares, who tries cases, and who folds under pressure, and one honest referral from inside the courthouse is often worth more than hours of online searching. If you know any lawyer, even one in a different field, ask who they would hire for a felony.

Many of our clients at The Brancato Law Firm come to us through referrals from other lawyers, including former prosecutors. Once you have two or three names, test each one against the criteria in this guide.

Why does trial experience matter if most cases never go to trial?

Trial experience matters because prosecutors make plea offers based on what they expect would happen in front of a jury. A defense lawyer who has tried serious felonies, and is visibly ready to try yours, changes that calculation. A lawyer who has never tried a case gives the State less reason to move.

The stakes in Hillsborough County are high and rising. In county fiscal year 2024-25, the Hillsborough County Clerk of Court opened 21,053 new circuit criminal (felony) cases, according to the Clerk’s monthly outputs report for October 2024 through September 2025. In fiscal year 2025-26, Hillsborough County sent 1,645 people to state prison as new commitments, up from 1,246 the year before, an increase of 32 percent, according to the Florida Legislature’s Office of Economic and Demographic Research in its July 2026 Criminal Justice Trends presentation.

A website’s list of practice areas tells you what a lawyer is willing to accept. It does not tell you what the lawyer has tried. Ask directly: “How many jury trials have you personally tried to verdict as lead counsel, and how many involved charges like mine?” A trial lawyer answers with numbers and examples. I have tried more than 150 jury trials to verdict, and our firm’s article on how trial preparation builds a stronger defense in Tampa explains why we prepare every case for a jury from the first week.

For the most serious cases, Florida publishes an objective benchmark. Florida Rule of Criminal Procedure 3.112 sets minimum standards for lawyers in capital cases: lead counsel should have at least 5 years of criminal litigation experience and should have been lead counsel in at least 9 state or federal jury trials of serious and complex cases, including murder trials. You can read the rule through The Florida Bar’s court rules page. Florida has no “death penalty certification”; a lawyer either meets the Rule 3.112 qualifications or does not. Our article on what a death penalty qualified lawyer is in Florida explains why that standard matters even in non-capital felonies.

How can you tell if a lawyer can challenge forensic evidence?

Ask the lawyer to explain, in plain terms, how the firm tests the State’s forensic evidence: what it requests in discovery, whether it deposes the analysts, which independent experts it retains, and when it files a motion to exclude unreliable science. A lawyer who cannot answer those questions will usually accept the lab report as written.

Forensic evidence is not as certain as it looks on television. In 2009, the National Research Council of the National Academies concluded that, apart from nuclear DNA analysis, no forensic method had been rigorously shown to consistently and with a high degree of certainty connect evidence to a specific person or source (Strengthening Forensic Science in the United States: A Path Forward, sponsored by the National Institute of Justice). The National Registry of Exonerations found that 39 of the 97 exonerations recorded in 2025, or 40 percent, involved false or misleading forensic evidence (National Registry of Exonerations 2025 Annual Report, April 2026).

Florida gives the defense real tools to test that evidence. Florida Rule of Criminal Procedure 3.220 requires the prosecutor to disclose expert reports and the results of scientific tests, and it lets the defense take depositions of the State’s witnesses, including experts who will testify. Under section 90.702, Florida Statutes, an expert’s opinion is admissible only if it rests on sufficient facts or data, comes from reliable principles and methods, and applies those methods reliably to the case. In In re Amendments to the Florida Evidence Code, 278 So. 3d 551 (Fla. 2019), the Florida Supreme Court adopted that Daubert standard as the rule for expert testimony in Florida courts, replacing the older Frye test. That is the legal basis for a defense motion to keep unreliable science away from a jury.

Prosecutors also have a constitutional duty to disclose favorable evidence. In Brady v. Maryland, 373 U.S. 83 (1963), the U.S. Supreme Court held that suppressing evidence favorable to the accused violates due process when the evidence is material to guilt or punishment. The 2025 Registry report lists failure to disclose exculpatory evidence in 55 exonerations, which is why our attorneys press for the complete lab file in every forensic case.

Forensic work has decided cases for our firm. In a first-degree murder case, our Daubert motion on the DNA evidence led to the death penalty being withdrawn. Learn more on our Tampa forensic science attorney page, in our article on what a forensic defense lawyer does, and in our guide to why expert witnesses are not optional in major crimes cases.

Can a defense attorney help before charges are filed in Hillsborough County?

Yes. In Hillsborough County, the State Attorney’s Office for the 13th Judicial Circuit decides whether to file charges, file reduced charges, or decline the case, and a defense lawyer can present evidence and mitigation to the prosecutor before that decision is made. That window is short. If the person arrested is in custody, Florida Rule of Criminal Procedure 3.134 requires formal charges within 30 days, with release on the 33rd day if none are filed, and in no event may an uncharged person stay in custody beyond 40 days.

Our attorneys contact the assigned prosecutor right away on unfiled cases, provide information the police report left out, and argue against filing or for a lesser charge. When a person is under investigation and not yet arrested, our representation before charges are filed can also include managing contact with detectives. Many of the best outcomes in criminal defense leave no public record, because the case was never filed.

Local practice matters at this stage. Hillsborough County does not offer pretrial services supervision as a release option, though some nearby counties do, so release in Hillsborough usually comes through a cash bond, a surety bond, or release on recognizance. A lawyer who works in the Hillsborough County courts every week knows those differences before the first appearance hearing.

Who will actually handle your case?

Before you pay, get the name of the attorney who will argue motions, take depositions, and try your case, in writing. Some firms meet clients with a senior lawyer and then assign the case to someone the client has never met. That is not always a problem, but you are entitled to know.

• Ask who will appear at each hearing and who will try the case.
• Search the firm and the attorney on the Florida Division of Corporations (Sunbiz) search page to confirm the lawyer is an officer of the firm you are hiring, and not a separate company working under a marketing agreement.
• After you hire, check that the notice of appearance filed with the clerk lists the firm and lawyer you were told would represent you.
• For large or statewide brands, read employee reviews on Glassdoor and Indeed. Patterns of turnover or sales pressure are worth knowing.

At The Brancato Law Firm, clients receive case updates through a secure client portal, can send confidential messages through it, and our attorneys return client calls within 24 hours.

Which credentials can you verify, and which can be bought?

The credentials worth weighing are the ones awarded by peers or set by court rule, because they cannot be purchased. Check each one at the source.

Rocky Brancato holds the AV Preeminent rating and has been selected to Super Lawyers. Our article on whether to hire a former public defender in Tampa explains what that background does, and does not, tell you about a lawyer.

What red flags should end a consultation?

A guarantee of any result should end the conversation. Rule 4-7.13 of the Rules Regulating The Florida Bar treats lawyer advertising that a prospective client can reasonably read as a guaranty of success or specific results as deceptive and inherently misleading. No honest lawyer can promise what a judge or jury will do. Other warning signs:

• Selling relationships instead of strategy. Every experienced local lawyer knows the judges and prosecutors. A lawyer who leads with “I know the judge” has not told you how they will attack the evidence.
• No named trial attorney. If the firm will not commit a specific lawyer, expect to meet someone new at your first hearing.
• Review counts from low-stakes cases. Hundreds of five-star reviews earned on traffic tickets say little about defending a felony or cross-examining a DNA analyst.
• A short prosecutor stint sold as insider knowledge. Prosecution experience can be valuable after years of serious trials. In our experience, many prosecutors leave the State Attorney’s Office within about two years, so ask how long they served, in which division, and how many jury trials they tried.
• Pressure to sign today. A consultation should give you clear answers and time to decide.

If you already hired a lawyer and see these signs, our guide on how to switch criminal defense lawyers in Florida walks through the process.

How do criminal defense fees work in Tampa?

Most Tampa criminal defense lawyers charge a flat fee set by the charge and the complexity of the evidence, and Florida does not allow contingency fees in criminal cases. Rule 4-1.5(f)(3)(B) of the Rules Regulating The Florida Bar prohibits a contingent fee for representing a defendant in a criminal case.

Read every line of the retainer agreement before signing. Some firms charge a separate trial fee, which can create a financial incentive to settle before trial preparation begins. Attorney fees also differ from costs, which are third-party expenses such as court reporters, investigators, and expert witnesses. Ask whether costs are included or billed separately.

At The Brancato Law Firm, our flat fees cover the whole case, including trial, and are quoted on the facts and intricacy of the case. Costs are separate and are billed at actual cost. Every client also receives our in-house comprehensive mitigation report. For typical ranges by charge, see how much a criminal defense attorney costs in Tampa.

When is a public defender the better choice?

A public defender is often the better choice for a person who cannot afford an experienced private lawyer, and a dedicated public defender with real trial experience will usually outperform a bargain-rate, high-volume private practice. Under section 27.52, Florida Statutes, an applicant is indigent if household income is at or below 200 percent of the federal poverty guidelines or the applicant receives certain public benefits, and each application carries a $50 fee.

As former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I saw what its felony and major crimes lawyers do every day. Our article on public defender versus private attorney in Tampa gives an honest comparison.

What should you bring and ask at a consultation?

Bring every document you have and a written timeline, and ask questions that require specific answers. Useful documents include the arrest report or charging affidavit, bond paperwork, any letters from the State Attorney’s Office or the court, and the names and contact information of witnesses.

How soon should you hire a lawyer after an arrest in Tampa?

Hire a lawyer as early as you can, ideally before the first appearance hearing and before the State Attorney’s filing decision. In Hillsborough County, first appearance is held within 24 hours of arrest, with the arrested person appearing by video from the jail. For a person in custody, the 30-day charging clock under Rule 3.134 starts at arrest. Surveillance video, phone records, and witness memories can disappear in that same window. Our guide on what to do after being arrested in Tampa covers the first 48 hours and the first 30 days step by step.

What results has our firm obtained in serious felony cases?

These are real results from our firm’s homicide and major crimes practice.

Past results do not guarantee future outcomes. Every case depends on its own facts. More results are on our Tampa homicide attorney page.

Frequently asked questions about choosing a criminal defense attorney in Tampa

How many jury trials should a felony defense lawyer have tried?

There is no legal minimum for most felonies, but Florida’s capital case rule is a useful benchmark: lead counsel should have tried at least 9 serious and complex jury trials. The Brancato Law Firm is led by a lawyer with more than 150 jury trials to verdict, and our attorneys prepare every felony as if it will be tried.

Do I need a different lawyer for a felony than for a misdemeanor in Tampa?

Often, yes, because felonies are prosecuted in circuit court with higher stakes, more forensic evidence, and a greater chance of trial. At The Brancato Law Firm, our attorneys handle both, and felony defense, including homicide and sex crimes, is the core of our practice.

How do I find a Spanish-speaking criminal defense attorney in Tampa?

Ask each firm whether a lawyer, and not just a receptionist, can speak with you in Spanish, and search The Florida Bar’s directory using its languages filter. At The Brancato Law Firm, attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, and our Spanish and Haitian Creole criminal defense page explains how we work with Spanish-speaking clients and families.

What should I do if my current criminal defense lawyer is not doing anything?

Ask your lawyer in writing for a case status update and a plan, and get a second opinion if you do not receive one. The Brancato Law Firm regularly reviews cases for people who already have a lawyer, and our guide to changing defense lawyers in the middle of a Florida case explains how a substitution of counsel works.

What should parents do when a college-age son or daughter is arrested in Tampa?

Help your child stay silent with police, avoid discussing the facts on recorded jail calls, and contact a defense lawyer before the first appearance. Our attorneys at The Brancato Law Firm often work with parents on bond and first appearance, while keeping the attorney-client relationship with the student, who is the client. Our guide to the first steps after a Tampa arrest covers the rest.

Can a Tampa criminal defense lawyer handle a case in St. Petersburg or Clearwater?

Yes, a Tampa-based lawyer can handle cases from St. Petersburg and Clearwater, which are prosecuted in Pinellas County in the 6th Judicial Circuit, and any lawyer licensed in Florida can appear there. The Brancato Law Firm serves Pinellas and Pasco Counties as well as Hillsborough; see our Pinellas County criminal defense page.

Is pre-file advocacy worth it if I have not been arrested yet?

Often, yes, because the time before charges are filed is when a defense lawyer can still influence whether the State files at all. The Brancato Law Firm offers pre-file advocacy under a separate flat fee that is credited toward the full fee if charges are later filed.

For more about how we use forensic evidence in our defense strategies, visit our Tampa criminal forensic science defense page.

Your next step is a consultation, and the earlier it happens, the more options you keep. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends felony and misdemeanor charges in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 at any hour, ideally before the first appearance hearing or the State Attorney’s filing decision. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

For a longer treatment of this subject, see Rocky’s book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.