As the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have seen how often a healthcare worker’s license turns on the plea entered in the criminal case. I have tried more than 150 jury trials to verdict in over 25 years in Hillsborough County courtrooms. Our attorneys defend the criminal case with the Board of Nursing’s rules in view from the first day, and when a license matter is open, we coordinate with the client’s license counsel so the two cases move together.

This guide starts with nurses (RNs, LPNs, and APRNs). It then covers physicians, physician assistants, pharmacists, EMTs and paramedics, and certified nursing assistants.

Do nurses have to report an arrest to the Florida Board of Nursing?

No Florida statute requires a nurse to self-report an arrest by itself. Section 456.072(1)(x) makes it a disciplinary violation to fail to report, in writing within 30 days, a conviction, a finding of guilt, or a plea of nolo contendere to a crime in any jurisdiction, regardless of adjudication. A pending charge with no plea does not start that clock. The nursing practice act, section 464.018, also ties its criminal grounds for discipline to pleas and findings of guilt.

The arrest does not stay private, though. Under section 456.0135, a nurse who applied for a Florida license on or after January 1, 2013 submitted fingerprints that the Florida Department of Law Enforcement retains. Section 943.05 requires FDLE to report an arrest matched to retained prints to the appropriate agency. Nurses screened through the Care Provider Background Screening Clearinghouse have their arrest notifications reported to the Agency for Health Care Administration under section 435.12. Employer policies may separately require you to disclose an arrest, so read your handbook before your next shift. Our firm plans every healthcare client’s defense on the assumption that the Department of Health and the employer will learn of the arrest.

What must a Florida nurse report, and by when?

A Florida nurse must report a conviction, a finding of guilt, or a nolo contendere plea in writing within 30 days, and the arrest itself carries no statutory deadline. Other deadlines and automatic consequences follow from the type of charge and the type of job.

The 30-day report goes to the Board in writing. Physicians licensed under chapters 458 and 459 also must update their public practitioner profile within 15 days under section 456.042. Our attorneys flag the 30-day reporting deadline before any plea is entered.

Does a withhold of adjudication or a no contest plea still count against a nurse’s license?

Yes. Florida’s licensing statutes apply “regardless of adjudication,” so a withhold of adjudication (a judge’s decision not to formally convict) or a plea of nolo contendere (no contest) counts the same as a conviction for licensing purposes. Section 464.018(1)(c) covers any crime that directly relates to the practice of nursing or the ability to practice nursing.

Section 464.018(1)(d) goes further. It lists offenses that are grounds for nursing discipline whether or not they relate to nursing:

• A forcible felony
• Any theft or robbery offense under chapter 812
• Fraud under chapter 817
• Lewdness and indecent exposure under chapter 800
• Assault, battery, and culpable negligence under chapter 784
• Child abuse under chapters 827 and 39, and abuse of vulnerable adults under chapter 415
• For a nurse with a multistate (compact) license, any felony under Florida or federal law

That list means a misdemeanor petit theft plea or a simple battery plea with a withhold can open a Board of Nursing case. Section 464.018(1)(e) adds any offense listed in the level 2 screening statute, section 435.04, and any act of domestic violence. Our attorneys check every proposed plea against these lists before advising a nurse to accept it.

A withhold of adjudication did not stop the Board

In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), a licensed practical nurse pleaded nolo contendere to burglary of an unoccupied dwelling. Adjudication was withheld, and she was sentenced to 90 days in the county jail. The Department of Health charged her with pleading to an offense listed in section 435.04 and with failing to report the plea within 30 days. The Board of Nursing permanently revoked her license.

The First District Court of Appeal reversed the revocation. The Board’s own guidelines set a range from a reprimand up to a $10,000 fine and suspension for a first offense, and the record held no clear and convincing evidence to justify going past that range. The withhold did not prevent discipline. What limited the damage was a thin record, and the criminal file is the record the Board reads. That is why our attorneys pay close attention to what goes into a plea form, a factual basis, and a sentencing order.

A DUI reduced to reckless driving still had to be reported

In Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024), a University of South Florida College of Pharmacy student held a pharmacy student intern registration when he was arrested for DUI. He pleaded nolo contendere to reckless driving. To stay in school he was evaluated by the Professionals Resource Network, did not comply with its monitoring plan, and was dismissed from the program. The Department of Health then charged him with failing to report the nolo plea within 30 days. The First District affirmed, holding that the Department could proceed because he was a licensee when he entered the plea.

A charge reduction that looks like a win in criminal court still produces a reportable plea. Our attorneys explain that trade-off to every licensed client before a reduced plea is accepted.

Which criminal charges put a Florida nursing license most at risk?

Felony drug charges, theft or drug diversion from an employer, health care fraud, and battery or domestic violence carry the most license risk, because Florida law names them. DUI and lesser misdemeanors are reportable on any plea, and the discipline that follows depends more on the facts.

Florida’s own enforcement numbers show how often nurses face emergency action. In fiscal year 2024-25, the Florida Department of Health issued 346 emergency orders, and registered nurses drew more than any other license type (76), with certified nursing assistants at 66 and licensed practical nurses at 25, according to the Division of Medical Quality Assurance FY 2024-25 Annual Report. The same report counts 347,857 active in-state registered nurses. Our attorneys treat any charge on this table as a license case from the first phone call.

What happens to a nurse’s license after a DUI or drug arrest?

A DUI or drug arrest does not suspend a nursing license on its own, but the plea that ends the case can. These two charges also raise impairment questions, which can bring the Intervention Project for Nurses into the picture.

DUI arrests

A first DUI under section 316.193 is a misdemeanor, and any plea to it, or to a reduced charge such as reckless driving, must be reported within 30 days. Our Tampa DUI lawyer team attacks the stop, the field sobriety exercises, and the breath or blood result first, because a suppressed test can mean no plea at all. As a former police academy instructor and a member of the National College for DUI Defense and the DUI Defense Lawyers Association, I know how officers are trained to build these cases. The driver license has its own 10-day deadline, explained in our post on protecting your Florida driver’s license after a DUI arrest.

Drug possession and prescription drug charges

Possession of a controlled substance without a valid prescription under section 893.13(6)(a) is a third-degree felony, and obtaining a controlled substance by misrepresentation or fraud under section 893.13(7)(a)9. is also a third-degree felony. A plea to either, with or without a withhold, requires an emergency suspension under section 456.074(1)(a). At renewal, section 456.0635 requires the Department to refuse renewal until the sentence and any probation ended more than 5 years earlier for a section 893.13(6)(a) felony, 10 years for other third-degree felonies, and 15 years for first- and second-degree felonies. The exception is a nurse currently enrolled in a pretrial diversion or drug court program that allows the plea to be withdrawn on completion. Our Tampa drug crimes attorney page explains the possession defenses we raise first.

Drug diversion investigations at the hospital

A medication discrepancy at work often becomes an investigation before anyone is arrested. That window is the time for representation before charges are filed. Do not give a written or recorded statement to hospital security, a pharmacy investigator, or a detective before speaking with a defense attorney. Our post on the signs you are being investigated for a crime in Florida lists the warning signs, and our attorneys can contact the detective and the State Attorney’s Office for you.

What are IPN and PRN, and how do they affect the criminal case?

IPN and PRN are Florida’s impaired practitioner programs under section 456.076, which evaluate and monitor licensees with alcohol, drug, or mental health conditions. The Intervention Project for Nurses (IPN) serves nurses. The Professionals Resource Network (PRN) is the other designated program and serves physicians and other licensed professionals. IPN accepts referrals from employers, treatment providers, attorneys, the Department of Health, and the Board of Nursing, and nurses may self-refer.

The statute gives the program real weight. When the Department receives a complaint alleging only impairment, it refers the licensee to the program, and the impairment is not grounds for discipline if the licensee acknowledges it, enters the program, and completes the participant contract. For a licensee who self-refers before any Department investigation exists, the program may not report to the Department while the licensee stays compliant. A licensee terminated for noncompliance is reported, and that report becomes a complaint.

Monitoring is a long commitment. A 2020 study in the Journal of Nursing Regulation, Smiley and Reneau, “Outcomes of Substance Use Disorder Monitoring Programs for Nurses”, followed 7,737 nurses in 13 monitoring programs and found that about 61.5% completed them; the authors recommend at least three years of monitoring. Whether and when to self-refer is a licensing decision to make with license counsel. Our attorneys coordinate the timing so the evaluation, any treatment, and the criminal case support each other.

How does the criminal case outcome protect a nurse’s license?

A nurse’s license is safest when the criminal case ends without a plea. A no-file decision, a dismissal, a not guilty verdict, or diversion completed without a plea leaves nothing to report under section 456.072(1)(x).

Under section 948.08, first offenders charged with a misdemeanor or third-degree felony can be considered for pretrial intervention with the State Attorney’s consent, and defendants charged with nonviolent felonies who complete the drug treatment track have their charges dismissed.

In Hillsborough County, the State Attorney’s Office for the 13th Judicial Circuit runs several programs that matter to healthcare workers. RIDR (Reducing Impaired Driving Recidivism) covers first-time, non-aggravated DUI cases with enhanced sanctions such as alcohol monitoring and DUI education, and in our experience it may result in a reduction to reckless driving. DETRR (Drug Education and Treatment Reducing Recidivism) is limited to drug possession cases for low-risk, non-violent defendants, and the charge is dismissed after treatment or education and six months without a new arrest. The Misdemeanor Intervention Program is a diversion program for first-time offenders that requires the State Attorney’s consent.

One question decides the licensing effect of each program: does it require a plea? A plea entered to get into a program can itself be the event the Board must hear about within 30 days, as Schaffner v. Florida Department of Health, No. 1D2022-2829 (Fla. 1st DCA May 8, 2024) shows. Our attorneys answer that question before a nurse signs anything. Pinellas and Pasco cases are handled by a different State Attorney’s Office with its own programs; see our Pinellas County and Pasco County pages.

The best outcome is often reached before the State Attorney decides whether to file. Through pre-file advocacy, our attorneys present the mitigation a prosecutor needs to decline or divert: treatment records, a clean license history, employer support, and the weaknesses in the State’s evidence.

I’m a nurse arrested for a misdemeanor in Tampa. What should I do in the next 30 days?

Protect the criminal case first, because the criminal outcome decides what the Board will see. These steps apply in Hillsborough, where arrestees are booked at the Orient Road Jail and appear at first appearance by video, and in Pinellas and Pasco.

1. Say nothing about the facts at first appearance. The judge sets release conditions; the facts come later.
2. Do not give statements to police, your employer’s investigators, or a Department of Health investigator before speaking with counsel.
3. If the arrest was for DUI, act within 10 days to request the driver license review hearing.
4. Hire a criminal defense attorney before arraignment, while the State Attorney is still deciding what to file.
5. Read your employer’s policy on reporting arrests, and ask license counsel whether to contact IPN.
6. Map every plea offer to the licensing rules: the 30-day report, emergency suspension, renewal bars, and level 2 screening.
7. If a plea is entered, calendar day 30 and make sure the written report reaches the Board on time.

Our attorneys can walk you through this list at a free consultation.

How do the rules differ for physicians, pharmacists, PAs, EMTs, and CNAs?

Every Florida healthcare license reaches pleas “regardless of adjudication,” but the details differ by profession. The 30-day report under section 456.072(1)(x) applies to licensees regulated under chapter 456.

• Physicians (MD and DO). Section 458.331(1)(c) covers a crime that directly relates to the practice of medicine or the ability to practice. Physicians also have the 15-day profile update, and PRN is their impaired practitioner program.
• Physician assistants. PAs are disciplined under section 456.072 and section 458.331, and a PA sits on the probable cause panel in PA cases.
• Pharmacists. Under section 465.016(1)(f), a plea of nolo contendere counts as a conviction, and violating chapter 893 is a separate ground for discipline under section 465.016(1)(e).
• EMTs and paramedics. These certificates fall under chapter 401. Section 401.411 allows discipline for a guilty or nolo plea to a crime related to EMS practice, for possession of a controlled substance outside legitimate duties, and for a felony conviction unless civil rights have been restored.
• Certified nursing assistants. CNAs are certified by the Board of Nursing, and section 464.204 makes any chapter 456 violation a ground for discipline. Most CNA jobs require level 2 screening, and the Board can grant an exemption from disqualification.

Teachers and law enforcement officers answer to their own licensing systems. See our posts on criminal defense for teachers in Tampa and criminal defense for law enforcement officers. The criminal defense approach in this guide applies to each of them.

What results has our firm obtained for licensed professionals and drug charges?

Our firm’s published results include outcomes that ended without a conviction and protected careers.

For a nurse, a reduction like the airline pilot’s still produces a plea that must be reported within 30 days, which is why our attorneys push for a no-file, a dismissal, or diversion without a plea first. More outcomes are on our case results page. Past results do not guarantee future outcomes.

Why do nurses and healthcare workers call The Brancato Law Firm?

Our practice is devoted entirely to criminal defense, from misdemeanors to capital cases. That focus is what a licensed professional needs, because the license depends on the criminal disposition.

• Experience you can measure. Over 150 jury trials to verdict, 25+ years in Hillsborough County, former Major Crimes Unit attorney, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office overseeing a staff of over 100 attorneys. Rocky Brancato holds an AV Preeminent rating, Super Lawyers selection, and National Trial Lawyers Top 100 recognition, and wrote “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.”
• The license in view. Our attorneys handle the criminal case and coordinate with your license counsel when a Board matter is open.
• Three counties. We defend clients in Hillsborough, Pinellas, and Pasco Counties, two blocks from the Hillsborough County Courthouse.
• Reachable. Call us at any hour. Clients get case updates through our client portal, and calls are returned within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Clear fees. We quote a flat fee for the whole case, including trial, based on the facts and intricacy of the case. At least half is due up front, with a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. Our post on what a criminal defense attorney costs in Tampa explains why a separate trial fee creates a financial incentive to settle before trial preparation.

For more about our defense strategies, visit our DUI defense and drug charge defense pages.

Frequently Asked Questions

Do I have to tell my hospital I was arrested in Florida?

No Florida statute requires a nurse to tell an employer about an arrest, but your employer’s policy may. Our attorneys at The Brancato Law Firm can review your employer’s disclosure rule with you before you respond to it. Hospitals and other employers that screen through the Care Provider Background Screening Clearinghouse can learn of the arrest through retained fingerprints under section 435.12.

Can a nurse lose her license for a first DUI in Florida?

A first DUI does not automatically suspend a nursing license, but any plea must be reported within 30 days and can lead to discipline or an IPN evaluation. Our attorneys at The Brancato Law Firm challenge the stop and the test results first, because a case that ends without a plea leaves nothing to report. Our Tampa DUI defense page explains the defenses we raise.

Will a withhold of adjudication protect my nursing license?

No, because Florida’s nursing discipline statute applies “regardless of adjudication.” The Brancato Law Firm treats a withhold as a fallback and works first for a no-file, a dismissal, or diversion without a plea. In Brewer v. Florida Department of Health, Board of Nursing, 268 So. 3d 871 (Fla. 1st DCA 2019), an LPN with a withhold of adjudication still had her license revoked by the Board before the appeals court reversed the penalty.

Is a reckless driving plea reportable to the Florida Board of Nursing?

Yes, a plea of guilty or nolo contendere to reckless driving is a plea to a crime, and it must be reported in writing within 30 days. Our attorneys at The Brancato Law Firm explain this before any DUI reduction is accepted, so the client and license counsel can meet the deadline.

Can criminal charges against a nurse be dropped in Florida?

Yes, charges can be dropped through a no-file decision, a nolle prosequi, a dismissal after a successful motion, or completion of a diversion program. The Brancato Law Firm pursues those outcomes first through pre-file advocacy with the State Attorney’s Office before a filing decision is made.

Can I seal my record so the Department of Health never sees it?

No, because section 943.059 bars a person with a sealed record from denying it when seeking employment or licensure with the Department of Health or when screened through the Care Provider Background Screening Clearinghouse. The Brancato Law Firm advises healthcare clients on sealing eligibility and is clear that sealing does not hide the record from licensing agencies.

What kind of lawyer should a Tampa nurse arrested for a misdemeanor hire?

Start with a criminal defense attorney, because the criminal outcome decides what the Board of Nursing will see. The Brancato Law Firm defends the criminal case and coordinates with license counsel when the Department of Health opens a file. Our Tampa drug crimes defense and DUI teams handle the charges nurses most often face.

Your license clock starts with the plea

Your license clock starts the day you enter a plea, and the best chance to keep that clock from ever starting is right now, before the State Attorney decides what to file. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends nurses, physicians, pharmacists, EMTs, and other licensed healthcare workers across Hillsborough, Pinellas, and Pasco Counties. Our attorneys will review the arrest report, identify every route that ends without a plea, and coordinate with your license counsel. Call (813) 727-7159 at any hour for a free consultation.

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.

Much of the evidence that damages a first arrest case in Tampa is created after the handcuffs go on: in the back of the patrol car, on recorded jail calls, and on social media. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have watched that pattern for more than 25 years in Hillsborough County, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Our attorneys step in at first appearance, argue bond, and contact the State Attorney’s Office before charges are filed, while the outcome is still open.

What should you do in the first 48 hours after an arrest in Tampa?

In the first 48 hours, your job is to protect your rights, get released, and get a lawyer working before first appearance. These six steps cover most first arrests in Hillsborough County.

1. Ask for a lawyer out loud, then stop talking. In Miranda v. Arizona, 384 U.S. 436 (1966), the U.S. Supreme Court held that police must warn a person in custody of the right to remain silent and the right to a lawyer, and that questioning must stop once the person asks for one. Silence alone is not always enough. In Salinas v. Texas, 570 U.S. 178 (2013), a man who simply went quiet during a voluntary police interview could not keep prosecutors from using that silence, because he never said he was invoking his rights. Say the words: “I want a lawyer, and I am not answering questions.”
2. Do not resist, argue, or explain. Explaining your side to an officer gives the State a recorded statement and rarely ends the arrest. Body cameras and patrol-car cameras keep recording.
3. Treat every jail call as a call with the prosecutor listening. Hillsborough County jail calls are recorded, and prosecutors listen to them. In Jackson v. State, 18 So. 3d 1016 (Fla. 2009), the Florida Supreme Court upheld the use of a recorded jail call because the automated warning told the inmate the call was monitored, so he had no protected expectation of privacy.
4. Have family call a defense lawyer right away. A lawyer who is retained before first appearance can argue bond and release conditions at that hearing. Family can find you through the Hillsborough County jail inmate search, which shows booking number, charges, and bond.
5. Stay off social media, and do not delete anything. Posts, messages, and photos are evidence. Deleting them after an arrest can create a new felony charge for tampering with evidence under section 918.13, Florida Statutes.
6. Write down what happened, for your lawyer only. Note times, names, witnesses, and where cameras were. Give the notes to your attorney and to no one else.

Our firm’s practice is devoted entirely to criminal defense, and you can call us at any hour at (813) 727-7159.

Which mistakes after an arrest hurt a Tampa case the most?

The mistakes that hurt most are talking, contacting the alleged victim, and missing court. The table below sums up what our attorneys tell clients after a first arrest.

What happens at first appearance in Hillsborough County?

First appearance is a short hearing, held within 24 hours of arrest, where a judge reviews the charges and sets bond and release conditions. Under Florida Rule of Criminal Procedure 3.130, every arrested person who has not already been lawfully released must be taken before a judge within 24 hours, in person or by audio-video technology. For people arrested in Hillsborough County, the arrested person is booked at the Orient Road Jail and appears by video from the jail, while the judge and the lawyers appear from downtown.

At the hearing, the judge must tell you the charges, advise you that you do not have to speak, and set pretrial release or detention. A prosecutor and an assistant public defender are usually present. If you have hired a private lawyer, the judge must give reasonable time to reach that lawyer. You can read the current rules on The Florida Bar’s rules page.

A separate federal deadline applies to warrantless arrests. In County of Riverside v. McLaughlin, 500 U.S. 44 (1991), the Supreme Court held that a person arrested without a warrant generally must receive a judicial probable cause determination within 48 hours. Florida’s Rule 3.133(a) requires a judge’s probable cause review within 48 hours for anyone held in custody, unless a judge already found probable cause when issuing an arrest warrant.

First appearance moves fast. A lawyer who has already talked with the family can tell the judge about your job, your ties to Tampa, and your lack of a record before bond is set. In one of our firm’s August 2026 cases, a domestic violence battery by strangulation count was dismissed at first appearance, and the State later declined to file charges at all. Our office at 620 E. Twiggs Street is two blocks from the courthouse, and our Hillsborough County criminal defense lawyers handle first appearance and bond hearings as a routine part of the practice.

How do bond and pretrial release work in Hillsborough County?

In Hillsborough County, release usually comes through a cash bond, a surety bond posted through a bail bond agent, or release on recognizance, meaning release on your promise to return. Hillsborough County does not offer pretrial services supervision as a release option, though some neighboring counties do. That makes the first bond argument more important here, because there is no supervised-release middle ground for the judge to fall back on.

Some people can bond out before first appearance using the statewide bond schedule. Since January 1, 2024, section 903.011, Florida Statutes has required the Florida Supreme Court to adopt a uniform statewide bond schedule. The same statute bars release before first appearance for people arrested on capital, life, first-degree, or second-degree felonies and certain other listed offenses, so those defendants wait for a judge.

When the judge sets bond, section 903.046, Florida Statutes lists what the court considers: the charge, the strength of the evidence, family ties, length of residence, employment, past record, and danger to the community. For charges the law defines as “dangerous crimes,” section 907.041, Florida Statutes bars nonmonetary release at first appearance and lets the State move to hold the person without bond.

Getting out early matters for the whole case, and research backs that up. In a 2017 study of misdemeanor cases in Harris County, Texas, published as The Downstream Consequences of Misdemeanor Pretrial Detention, 69 Stan. L. Rev. 711, Paul Heaton, Sandra Mayson, and Megan Stevenson found that detained defendants were 25% more likely to plead guilty and 43% more likely to be sentenced to jail than similar defendants who were released. Our firm’s walkthrough of the Hillsborough County bond process explains self-surrender on a warrant that already has a bond set.

What happens in the first 30 days while the State Attorney decides on charges?

During the first 30 days, a prosecutor at the State Attorney’s Office for the 13th Judicial Circuit reviews the arrest report and decides whether to file formal charges, file reduced charges, or decline the case. The arrest itself is the officer’s decision. The charge is the prosecutor’s.

Florida Rule of Criminal Procedure 3.134 sets the clock. If you are in custody, the State must file formal charges within 30 days of arrest. If it has not, the court on day 30 orders release on your own recognizance on day 33, or on day 40 if the State shows good cause, and no one may be held more than 40 days without a formal charge. If you are out on bond, the State has 60 days, and the court can release you from all bond conditions on day 63 unless charges are filed or the State shows good cause for up to 30 more days. For felony arrests, Rule 3.133(b) also gives a right to an adversary preliminary hearing if no information or indictment is filed within 21 days.

The filing window is busy. From October 2024 through September 2025, the Hillsborough County Clerk of Court opened 21,053 new circuit criminal (felony) cases and 17,651 new county criminal (misdemeanor) cases, according to the Clerk’s monthly outputs report for county fiscal year 2024-25. In our experience, an intake prosecutor working that volume decides most cases on the police report unless the defense supplies more.

That is what pre-file advocacy is. Our attorneys contact the assigned prosecutor, send video, witness statements, receipts, or a signed affidavit from the alleged victim, and explain the legal problems in the case before a decision is made. When it works, the State files a “no information,” meaning it declines to prosecute, or files a lesser charge, or offers diversion. The next section walks through what that early work looks like.

What does a defense lawyer do in the first two weeks after an arrest?

In the first two weeks, a defense lawyer preserves evidence that is about to disappear, finds witnesses, and looks for legal problems with the stop, search, or arrest. That work happens while the State Attorney is still deciding what to file, so it can change the charge as well as the trial.

1. Preserve video before it is recorded over. Many businesses and homes keep surveillance footage for only days or weeks before the system writes over it. Our attorneys send preservation letters, request body camera and patrol-car video from the arresting agency, and subpoena records once a case number exists.
2. Interview witnesses while memories are fresh. Witnesses forget details, move, and change phone numbers. Our firm finds and interviews the people police never spoke to and records what they saw.
3. Review the stop and search for a motion to suppress. The Fourth Amendment bars unreasonable searches and seizures. In Mapp v. Ohio, 367 U.S. 643 (1961), the U.S. Supreme Court held that evidence police obtain through an unconstitutional search cannot be used in a state criminal trial. In Florida, the defense raises that issue with a motion to suppress under Florida Rule of Criminal Procedure 3.190(g).
4. Bring in experts early. Toxicology, fingerprint, and digital evidence experts need time, and an early review often decides whether a lab result or phone extraction will hold up.

Fast action has changed outcomes for our clients. In one Hillsborough County case, a client was arrested for cocaine possession and possession of a firearm during a felony. Our firm argued for low bonds at first appearance and then contacted the intake prosecutor, and within days the State decided not to file any charges. In a driving while license suspended case, our firm requested the body camera video the same day we met the client in jail; the video showed that the actual driver had given police false identification, and the prosecutor dismissed the charge the next day in court. Past results do not guarantee future outcomes.

How long does each step take after a Tampa arrest?

Most first arrests in Hillsborough County follow the timeline below. The deadlines come from the Florida Rules of Criminal Procedure. The local details come from our firm’s daily practice in the 13th Circuit.

What happens at arraignment in Hillsborough County?

Arraignment is the hearing where you are formally told the charge and enter a plea. Under Florida Rule of Criminal Procedure 3.160, it follows the filing of formal charges. When you have a lawyer, the lawyer usually files a written plea of not guilty before the arraignment date, which waives your appearance at that hearing.

After arraignment, the case moves into discovery, depositions, motions, and pretrial hearings. Our firm’s guide to the steps in a Hillsborough County criminal case covers that stage in detail. Felony cases are heard at the George Edgecomb Courthouse at 800 E. Twiggs Street, two blocks from our office.

Is a first arrest in Tampa a misdemeanor or felony case?

The answer depends on the charge, and the track matters because it decides the court, the maximum penalty, and which diversion programs are open. Misdemeanors are heard in county court and felonies in circuit court. The maximums below come from section 775.082, Florida Statutes and section 775.083, Florida Statutes.

If you need a lawyer for a felony charge in Tampa, the stakes run beyond the sentence. A felony conviction can affect gun rights, professional licenses, and immigration status. Felony sentencing runs through a Criminal Punishment Code scoresheet, the point system that sets the lowest permissible sentence, so the charge the State files in the first 30 days often sets the range for the whole case. Our attorneys defend everything from first-time misdemeanors to capital cases, and I meet the Florida Rule of Criminal Procedure 3.112 qualifications for death penalty cases.

Are there diversion programs for first offenders in Hillsborough County?

Yes. The State Attorney’s Office for the 13th Judicial Circuit runs several diversion programs, and most require the prosecutor’s consent. The programs below are listed on the office’s programs page.

Felony pretrial intervention is governed by section 948.08, Florida Statutes. It is open to first offenders, or people with no more than one prior nonviolent misdemeanor, charged with a misdemeanor or third-degree felony, and it requires consent from the program administrator, the victim, the State Attorney, and the judge. Misdemeanor drug court, veterans court, and mental health court programs are governed by section 948.16, Florida Statutes, and successful completion requires the court to dismiss the charges.

Eligibility is not automatic. A prosecutor decides whether to offer diversion, and the best time to ask is before the charging decision, with the reasons laid out in writing. Our firm has closed drug possession and driving while license suspended cases through diversion with no conviction. For a DUI arrest, our post on what happens after a DUI arrest in Hillsborough County explains RIDR and the separate 10-day license deadline.

How do I choose a criminal defense lawyer after a first arrest in Tampa?

Choose a lawyer who handles criminal cases every day in the county where you were charged, who can start before first appearance, and who will tell you plainly what the case is worth. Our complete guide to choosing a criminal defense attorney in Tampa and our list of six red flags to avoid go deeper. These are the questions to ask, with our firm’s answers.

• How much trial experience does the firm have? I have tried more than 150 jury trials to verdict. I came out of the Major Crimes Unit, handling homicide, sex crime, and child abuse cases, and I am a former police academy instructor and a member of the National College for DUI Defense and the DUI Defense Lawyers Association. I hold an AV Preeminent rating from Martindale-Hubbell, have been selected to Super Lawyers, and have been named to The National Trial Lawyers Top 100. I also wrote How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.
• Does the firm only do criminal defense? Yes. Our practice is devoted entirely to criminal defense, from first-offense misdemeanors to homicide. See our full list of practice areas.
• Where does the firm practice? We serve Hillsborough, Pinellas, and Pasco Counties, including Pinellas County criminal cases and Pasco County criminal cases.
• Can I reach the firm? Call us at any hour. Clients get case updates through a client portal, and we return calls within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• What will it cost? Our firm charges a flat fee that covers the whole case, including trial, quoted on the facts and the intricacy of the case. At least half is due up front, with a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and the consultation is free. A flat fee that includes trial matters because a separate trial fee gives a lawyer a financial incentive to settle before trial preparation begins. Our article on what a criminal defense attorney costs in Tampa explains the fee factors.

What results has our firm obtained early in a case?

Some of our firm’s best outcomes came in the first weeks after arrest, before a charge was filed or soon after. These are published results from our firm’s case results page.

Past results do not guarantee future outcomes.

Why should you call a lawyer before first appearance and the filing decision?

Call before first appearance because bond is set at that hearing, and call before the filing decision because that is the fastest point to change the charge. Once the State files an information, the prosecutor has committed to a charge, and changing it takes motions, depositions, and months of court dates. Before filing, a phone call and a packet of evidence can end the case.

The first 30 days also shape your record. A case that is never filed, or that ends through diversion, leaves you in a far better position to seal or expunge the arrest than a case that ends in a plea. For more about our defense strategies, visit our Hillsborough County criminal defense page.

Frequently asked questions

I was arrested in Tampa for the first time and I’m terrified. Can a defense attorney help with a first-offense case?

Yes, and a first offense is often the case where a lawyer can do the most, because first offenders are the main candidates for no-file decisions and diversion. The Brancato Law Firm handles first-offense cases from first appearance through the State Attorney’s filing decision, presenting evidence and mitigation before a charge is set. Our Hillsborough County defense team has closed cases with no charges filed and through diversion.

I need a lawyer for a felony charge in Tampa. What should I look for?

Look for felony trial experience in the 13th Circuit and a firm that will act before the State files its information. At The Brancato Law Firm, felony clients get attorneys who have tried felony cases to verdict in Hillsborough County, led by a founder with more than 150 jury trials. If the State has not filed yet, representation before charges are filed can shape the charge itself.

Can you recommend a good criminal defense attorney in Tampa, Florida?

A good Tampa criminal defense attorney practices criminal law full time, has real trial experience, appears in Hillsborough County courtrooms regularly, and explains fees in writing. The Brancato Law Firm, P.A. meets each of those tests: our practice is devoted entirely to criminal defense, our founder has tried more than 150 jury trials to verdict, and we quote a flat fee that includes trial. Our breakdown of criminal defense fees in Tampa shows how that fee is set.

I need a criminal defense lawyer in Tampa Bay. Do you handle cases outside Hillsborough County?

Yes. The Brancato Law Firm represents clients in Hillsborough, Pinellas, and Pasco Counties, and our attorneys know the first appearance and bond practices that differ among those courthouses. For a St. Petersburg or Clearwater arrest, see our Pinellas County criminal defense page.

I was charged with a crime in Tampa and my previous attorney didn’t do anything. Can I switch lawyers?

Yes, you can hire a new lawyer at any stage, and the new lawyer enters the case by filing a notice with the court. Our attorneys at The Brancato Law Firm take over cases mid-stream, review the discovery that has been produced, and look for missed motions, deadlines, and depositions. Our comparison of a public defender and a private attorney in Tampa covers what to expect from each.

Can I get out of jail before first appearance in Hillsborough County?

Often yes, if the charge is eligible for release on the statewide bond schedule and you can post the scheduled amount. The Brancato Law Firm advises families whether to post the scheduled bond or wait for first appearance, where our attorneys can argue for a lower amount or release on recognizance. People arrested on first- or second-degree felonies and other offenses listed in section 903.011, Florida Statutes must wait for a judge.

Are Hillsborough County jail calls really recorded, and can they be used against me?

Yes. The Brancato Law Firm sees recorded jail calls offered as evidence in Hillsborough cases regularly, and we tell every client in custody to discuss nothing about the facts on the phone. Under Jackson v. State, 18 So. 3d 1016 (Fla. 2009), the automated warning that the call is monitored defeats any claim of privacy.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Call us before your first court date

Call us before your first appearance if you can, and before the State Attorney’s filing decision if you cannot, because those two deadlines decide bond and the charge. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can start on your case today. Call (813) 727-7159 at any hour for a free consultation.

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 you were arrested for DUI in Hillsborough County, you have 10 days to protect your driver’s license, and that clock started the day the officer issued the notice of suspension. As a former police academy instructor and a member of both the National College for DUI Defense and the DUI Defense Lawyers Association, I know how officers are trained to build a DUI arrest report and where those reports come apart. I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, after more than 25 years in Hillsborough County courtrooms and more than 150 jury trials to verdict. Our Tampa DUI defense attorneys start every case by filing the license review request, ordering the video, and screening the client for diversion, all inside that first 10-day window.

What is the timeline after a DUI arrest in Hillsborough County?

A Hillsborough County DUI case runs on two tracks at once: an administrative license case with the state motor vehicle department and a criminal case in county court. The license track moves fastest, with a 10-day deadline and a hearing within 30 days of the request. The criminal track usually takes months. Our attorneys work both tracks from the first week, and the table shows the major steps on each.

What happens in the first 24 hours after a DUI arrest in Tampa?

The first 24 hours cover the arrest, the chemical test request, booking, and release, and each step creates evidence our attorneys later obtain.

Arrest and the breath or urine test

After an arrest for DUI, the officer asks the driver to take a breath test. Under Florida’s implied consent law, section 316.1932, a person who drives in Florida is deemed to have consented to a breath test, and to a urine test for drugs, when lawfully arrested for DUI. Florida’s approved breath instrument is the Intoxilyzer 8000. When drugs are suspected, the officer may request urine or call a drug recognition expert. A warrantless blood draw is generally limited to drivers at a hospital or medical facility where a breath or urine test is impractical.

Booking and the 8-hour DUI hold

A person arrested for DUI in Hillsborough County is booked at the Orient Road Jail. Florida law bars release until one of three things happens: the person is no longer impaired, the breath- or blood-alcohol level drops below 0.05, or 8 hours have passed since the arrest, under section 316.193(9). Bond cannot speed up release while this hold is running.

Bond and first appearance

For most misdemeanor DUI arrests, the person can post a bond set by the statewide uniform bond schedule once the DUI hold ends, without waiting for a judge. Section 903.011 requires a judge to decide bail first in certain cases, including any second-degree felony such as DUI manslaughter and any arrest of a person already on pretrial release or probation for a felony. Anyone not released sees a judge at first appearance within 24 hours of arrest.

In Hillsborough County, the arrested person appears at first appearance by video from the jail while the judge and lawyers appear from downtown, and Hillsborough County does not offer pretrial services supervision as a release option, even though nearby counties do. That makes the bond and conditions set at first appearance the whole release decision, so our Hillsborough County criminal defense attorneys appear at that hearing to argue for reasonable terms. Our post on bond hearings in Tampa covers what happens when bond is set too high.

If the officer drew blood after a crash and did not make an arrest, charges may come weeks later, once the lab results return. That gap is the time for representation before charges are filed, when our attorneys can present the defense’s side to the State Attorney’s Office before a filing decision.

What is the 10-day deadline after a Florida DUI arrest?

The 10-day deadline is the time a driver has to challenge the administrative license suspension that the officer imposed at the arrest. Under section 322.2615, the driver may request a formal or informal review within 10 days after the notice of suspension is issued, and the temporary driving permit expires at midnight on the 10th day. The suspension runs 6 months for a first breath result of 0.08 or higher and 1 year for a first refusal.

The driver has three choices inside those 10 days:

1. Request a formal review hearing. A hearing officer from the Bureau of Administrative Reviews decides whether the officer had probable cause and whether the test result or refusal is valid. The defense can subpoena the arresting officer and the breath technician, and if either fails to appear under subpoena, the department must invalidate the suspension.
2. Request an informal review. The hearing officer reviews the paperwork without live witnesses.
3. Apply for a restricted license instead. Under section 322.271(7), a driver with no prior DUI conviction, no prior administrative suspension, and no prior CDL disqualification can seek a business-purposes license for the length of the suspension. Accepting it waives the formal and informal review.

The formal review hearing matters for more than the license. In Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011), William Hernandez refused a breath test and lost his license, but the hearing officer would not consider his argument that the test request was not tied to a lawful arrest. The Florida Supreme Court held that the department cannot suspend a license for refusing a breath test unless the refusal followed a lawful arrest, and that the driver must be allowed to raise that issue. The lesson today: the license hearing is often the first place the stop and arrest get tested under oath, months before a criminal judge hears a motion to suppress.

These hearings are high volume. From July 1, 2023 through June 30, 2024, the Bureau of Administrative Reviews conducted 26,052 hearings and reviews from eight offices statewide while operating with a vacancy rate of about 50%, according to the department’s December 2024 Inspector General audit. Our firm subpoenas the officer, obtains the breath records, and uses the officer’s sworn answers later in the criminal case. Our post on protecting your Florida driver’s license after a DUI arrest explains how to weigh the hearing against the restricted license.

The license case and the criminal case do not control each other. The department’s DUI and administrative suspension guidance states that the outcome of the criminal case does not affect the suspension, so a later reduction or dismissal will not automatically restore the license.

What happens if you refused the breath or urine test?

Refusing a lawful breath or urine test in Florida now triggers both a license suspension and a separate criminal charge. Since Trenton’s Law took effect on October 1, 2025, a first refusal is a second-degree misdemeanor under section 316.1939, and a refusal by someone whose license was previously suspended for refusal is a first-degree misdemeanor. Section 316.1932 also makes the refusal admissible as evidence in the DUI trial.

The refusal crime covers breath and urine tests only. That line tracks Birchfield v. North Dakota, 579 U.S. 438 (2016), where the U.S. Supreme Court reviewed three cases from North Dakota and Minnesota testing laws that make refusing a chemical test a crime. The Court held that police may require a breath test without a warrant after a DUI arrest, but a blood test needs a warrant or valid consent, so a state cannot make refusing a warrantless blood test a crime.

The refusal crime requires a lawful arrest, probable cause, and correct warnings about both the suspension and the misdemeanor, so our attorneys check the body camera video for each warning. Our post on refusing a breathalyzer in Florida covers the charge in more detail.

I got a DUI in Tampa and I have a commercial driver’s license. What happens now?

A commercial driver’s license holder arrested for DUI in Tampa is disqualified from driving a commercial vehicle on the spot, even if the arrest happened in a personal car. Under section 322.64, the officer disqualifies a CDL holder who is arrested with a 0.08 or higher result in any motor vehicle, or who refuses a test, and issues a 10-day permit for noncommercial vehicles only. The same 10-day window applies to request a review of the disqualification.

The disqualification periods come from federal law, 49 C.F.R. § 383.51, which Florida adopts in section 322.61 and section 322.64.

A hardship license never covers commercial driving: section 322.64(10) allows a business-purposes license for personal vehicles only. For a truck or bus driver, the review hearing and the criminal case decide whether the career survives. In September 2025, after a hearing officer upheld a client’s suspension, our firm petitioned the Thirteenth Judicial Circuit for certiorari review and the court reinstated both his regular license and his CDL, a case we describe in our post on this Florida CDL suspension appeal.

What happens at arraignment, discovery, and trial in a Hillsborough DUI case?

The criminal DUI case is prosecuted by the State Attorney’s Office for the Thirteenth Judicial Circuit, in Hillsborough County Court. Our office at 620 E. Twiggs Street is two blocks from the courthouse in downtown Tampa.

1. Arraignment. The arraignment is the first court date on the charge. When a lawyer files a written plea of not guilty before that date under Florida Rule of Criminal Procedure 3.160, the client usually does not have to attend.
2. Discovery. After the defense files a notice of discovery, the prosecutor must disclose its evidence within 15 days under Rule 3.220. In a DUI case that includes the arrest report, body camera and dash camera video, the breath test affidavit and Intoxilyzer records, and any drug recognition or toxicology report.
3. Speedy trial. A misdemeanor must be tried within 90 days and a felony within 175 days unless the defense waives the time. Since July 1, 2025, those periods run from the date formal charges are filed rather than from the arrest, under In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), the Florida Supreme Court’s March 2025 order rewriting the speedy trial rule, which also extended the State’s recapture window after a notice of expiration from 10 days to 30 days.
4. Pretrial hearings. Motions to suppress, depositions of officers, and plea negotiations happen here. The defenses themselves (the stop, the field sobriety exercises, the breath machine) are covered in our companion post on how to fight a DUI charge in Hillsborough County.
5. Trial. A misdemeanor DUI is tried to a six-person jury in county court. If the case ends in a conviction, the sentencing ranges in our post on DUI penalties in Hillsborough County apply.

Is there a DUI diversion program in Hillsborough County?

Yes. The State Attorney’s Office for the Thirteenth Judicial Circuit runs Reducing Impaired Driving Recidivism (RIDR), a program for first-time, non-aggravated misdemeanor DUI cases that ends with a plea to reckless driving and a withhold of adjudication instead of a DUI conviction. The State Attorney’s Office states in its published RIDR guidelines that “Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes,” and that eligibility is decided at the State Attorney’s sole discretion.

A case is ineligible if it involved a minor in the vehicle, a BAC of .20 or higher, or a crash. Prior DUIs, prior diversion, certain prior felonies, a pending license suspension, and current probation can also disqualify a driver.

Every RIDR plea also carries 12 months of probation, a 10-day vehicle immobilization, and DUI school. Before the plea, the client registers for DUI school, attends the MADD victim impact panel, completes 10 community service hours, and at Levels 1 and 2 installs an interlock or alcohol monitor. At arraignment the defense waives speedy trial, and the case is set for disposition about 60 days later.

The monitoring piece has research behind it. A Community Guide systematic review published in the American Journal of Preventive Medicine in 2011 (Elder et al.) found that ignition interlocks cut re-arrest rates for impaired driving by a median of 67% across 13 studies while the device was installed, and that rates returned to comparison levels once it came off, as summarized in the Community Preventive Services Task Force finding. Our attorneys explain that requirement before a client chooses the program.

RIDR does not stop the administrative license suspension, which still has to be handled within the 10 days. A disqualifier does not end negotiations either. In July 2026, a client of ours charged with DUI, leaving the scene, and refusal did not qualify for RIDR because of a crash; after our firm prepared a mitigation report and treatment plan, the charges were reduced to reckless driving with adjudication withheld.

I was arrested for DUI in Hillsborough County and need a lawyer. What should I look for?

Look for a lawyer who handles the license hearing and the criminal case together, has tried DUI cases to juries in Hillsborough County, and knows how breath testing and police DUI training work. The Brancato Law Firm’s practice is devoted entirely to criminal defense, from first-offense misdemeanors to capital cases, and our attorneys handle both the license case and the criminal case from the first week.

Here is what our firm brings to a DUI case:

• DUI training. I am a member of the National College for DUI Defense and the DUI Defense Lawyers Association, and a former police academy instructor.
• Trial experience. More than 150 jury trials to verdict and 25+ years in Hillsborough County, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys, and in its Major Crimes Unit.
• Recognition. AV Preeminent (Martindale-Hubbell), Super Lawyers, and National Trial Lawyers Top 100. I also wrote How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.
• Availability. Call us at any hour. Clients get updates through our client portal, and our attorneys return calls within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Coverage. We defend DUI cases in Hillsborough, Pinellas and Pasco Counties, from an office two blocks from the Hillsborough County courthouse.

On cost, our flat fee covers the whole case, including trial and the formal review hearing. It is quoted on the facts and intricacy of the case, realistically and fairly, with at least half up front and a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. A lower quote with a separate trial fee creates a financial incentive to settle before trial preparation begins. Our post on what a criminal defense attorney costs in Tampa explains how fees are set.

What results has The Brancato Law Firm obtained in DUI cases?

Our firm’s published DUI results include jury verdicts, license reinstatements, and reductions to reckless driving.

Past results do not guarantee future outcomes.

What mistakes should you avoid after a DUI arrest in Tampa?

The most damaging mistakes after a DUI arrest happen in the first weeks, before the defense has the video and the breath records. These are the ones our attorneys see most often in Hillsborough County cases:

1. Missing the 10-day license deadline. The suspension stays in place without a hearing, and the outcome of the criminal case will not undo it.
2. Explaining your side to the officer or the prosecutor. Anything you say can be used as evidence, and you have the right to remain silent. Let your lawyer do the talking.
3. Talking about the arrest on jail calls, text messages, or social media. Jail calls are recorded, and posts and messages can be obtained and shown to a jury.
4. Missing a court date or breaking a release condition. A judge can issue a warrant and revoke bond, and under section 843.15, Florida Statutes, willfully failing to appear after release on a misdemeanor charge is a separate first-degree misdemeanor; on a felony DUI it is a third-degree felony.
5. Assuming a first DUI is minor. A conviction brings a license revocation, probation, a 10-day vehicle impoundment, and in many cases higher insurance requirements explained in our guide to FR44 insurance after a DUI. It can also affect professional licenses and, for noncitizens, immigration status.
6. Waiting to hire a lawyer. Surveillance video from businesses near the stop is often recorded over within days, and the license review must be requested within 10 days.

Our attorneys at The Brancato Law Firm send preservation requests for video in the first week and route every question about the case through counsel.

What should you do before the 10-day deadline runs out?

The most important step after a Hillsborough DUI arrest is acting on the license before day 10, because a missed deadline leaves the suspension in place without a hearing. Use the time this way:

1. Find the notice of suspension. Its issue date starts the 10-day count.
2. Choose between a formal review and a restricted license with a lawyer, since the restricted license waives the review.
3. Write down what happened that night and share it only with your lawyer.
4. Do not post about the arrest or discuss it on recorded jail calls.
5. Tell your lawyer right away if you hold a CDL. The disqualification starts on the notice date.

Our overview of what counts as DUI in Florida covers the elements of the charge. For more about our defense strategies, visit our Tampa DUI lawyer page.

Frequently asked questions about the DUI process in Hillsborough County

Can I drive after a DUI arrest in Hillsborough County?

You can drive on the temporary permit until midnight of the 10th day after the notice of suspension, as long as you were otherwise eligible to drive. The Brancato Law Firm files the review request or the restricted-license application inside that window, because a review request does not by itself stop the suspension.

Should I request a formal review hearing or waive it for a hardship license after my first DUI?

It depends on the strength of the arrest and how much the client needs to drive during the suspension. Our attorneys at The Brancato Law Firm weigh the video and the officer’s report against the client’s work needs before choosing, because a restricted license under section 322.271(7) waives the formal review. A driver with a prior DUI or prior administrative suspension does not qualify.

Is refusing a breath test a crime in Florida after October 2025?

Yes. A first refusal of a lawful breath or urine test is now a second-degree misdemeanor, and a refusal after a prior refusal suspension is a first-degree misdemeanor. The Brancato Law Firm defends refusal charges by testing whether the arrest was lawful and whether the officer gave every warning the statute requires, as our post on breathalyzer refusal in Florida explains.

Can a first-time DUI be reduced to reckless driving in Hillsborough County?

Yes. Through the State Attorney’s RIDR program, an eligible first-time misdemeanor DUI can end with a plea to reckless driving and a withhold of adjudication after the client completes the pre-plea sanctions. The Brancato Law Firm screens every first-time client for RIDR at the first meeting and negotiates reductions for clients who do not qualify, as our DUI defense attorneys in Tampa did in a 2026 case involving a crash and a refusal.

Will a DUI arrest in my personal car affect my CDL in Florida?

Yes. A CDL holder arrested with a 0.08 or higher result, or who refuses a test, in any vehicle is disqualified from commercial driving, and a first DUI conviction brings a 1-year disqualification under federal rules. The Brancato Law Firm treats CDL cases as two fights, the disqualification review and the criminal charge, and our post on a Florida CDL suspension appeal shows how a reinstatement was won in circuit court.

Can you recommend a DUI defense attorney in Tampa, Florida?

Choose a Tampa DUI lawyer whose practice is devoted to criminal defense, who has tried DUI cases to juries in Hillsborough County, and who handles the license hearing as part of the case. The Brancato Law Firm was founded by a former police academy instructor who belongs to the National College for DUI Defense and the DUI Defense Lawyers Association and has tried more than 150 jury trials to verdict. Consultations are free, and you can call us at any hour about DUI defense in Tampa.

Talk to our firm about a Hillsborough County DUI arrest

The 10-day clock on your license started at the arrest, and the video and breath records our attorneys need are easiest to secure in that same window. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will request your license review, order the evidence, and tell you whether RIDR is on the table.

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 child is facing a sex charge in Hillsborough County juvenile court, the first question is usually whether the case can end without registration. I’m the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I handled sex crimes and child abuse cases in the Major Crimes Unit during more than 25 years in Hillsborough County courtrooms. Our attorneys negotiate Rehabilitation Plans when they are available and work with therapists, probation officers, and the court to help children complete them.

What is a Rehabilitation Plan?

A Rehabilitation Plan is an agreement between the defense, the State, and the court in a juvenile sex case. The child enters a plea of guilty or no contest, but the plea is held in abeyance, meaning the court does not act on it, while the child completes treatment and follows strict conditions.

This all-or-nothing structure is why the plea terms, the treatment provider, and the conditions need careful attention from the start. Our Tampa sex crimes defense attorney page explains how our firm approaches sex charges at every stage.

How long does a Rehabilitation Plan last?

Most Rehabilitation Plans last 9 to 12 months in practice, but they have no fixed end date. A plan ends only when treatment is complete and the supervising therapist confirms progress, so the therapist’s evaluation carries great weight. Florida law lets the juvenile court keep jurisdiction over a juvenile sexual offender placed in a community-based treatment program until age 21, specifically so the child can finish the program, under section 985.0301, Florida Statutes.

What conditions come with a Rehabilitation Plan?

The conditions vary with the case, but they usually include:

• Active participation in sex-offender-specific counseling and treatment
• No contact with the alleged victim or other vulnerable people
• Restrictions on internet use, pornography, and social media
• Random device checks by probation officers
• Community service or restitution in some cases
• Curfews and school or work requirements

Every plan is tailored to the child and the allegations. Treatment research gives families a reason for hope: a 2010 meta-analysis of 63 studies covering 11,219 juveniles who committed sexual offenses found a weighted mean sexual recidivism rate of 7 percent over an average follow-up of 59 months, according to the U.S. Department of Justice SMART Office’s Sex Offender Management Assessment and Planning Initiative. The same report states that most juveniles do not go on to commit future sexual offenses.

How does a Rehabilitation Plan help avoid sex offender registration?

A Rehabilitation Plan helps because registration for juveniles depends on an adjudication of delinquency, and a completed plan ends in dismissal instead. Under section 943.0435, Florida Statutes, a juvenile must register as a sexual offender if adjudicated delinquent for certain offenses committed when he or she was 14 or older, and the court must make a written finding of the child’s age at the time of the offense.

Registration brings lasting restrictions on housing, work, school, and family life. Completing the plan avoids the adjudication, so registration is avoided. If the plan is violated and the child is adjudicated on a qualifying offense, registration can still apply. Our post on sexual offender and predator designation explains what registration involves.

Can the record be expunged after a Rehabilitation Plan?

Sometimes. Like other diversion outcomes, a completed plan can open the door to juvenile expungement, which removes the record from public view. Some sex offenses are not eligible for expunction under Florida law even after a successful plan, so eligibility depends on the offense and must be reviewed before applying. Our post on juvenile expungement in Florida walks through the process.

Why does experienced counsel matter in a Rehabilitation Plan case?

Experienced counsel matters because a Rehabilitation Plan is treatment-focused, open-ended, and closely monitored, and one violation can lead to sentencing. Availability depends on the charge, the child’s age, and the facts, and the plan is negotiated with the State Attorney’s Office in the 13th Judicial Circuit. Our Hillsborough County criminal defense attorneys practice two blocks from the courthouse and know how these plans are structured locally.

When a child is under investigation and has not yet been charged, our attorneys can step in early through representation before charges are filed, before statements are made or a petition is filed.

Frequently asked questions

How long does a Hillsborough County Rehabilitation Plan usually take?

Most plans last 9 to 12 months, but they stay open until treatment is complete. The Brancato Law Firm stays in contact with the treating therapist so the court has the progress reports it needs to close the plan.

Who decides when a Rehabilitation Plan ends?

The court ends the plan, and it usually will not do so without the treating therapist’s recommendation. Our attorneys at The Brancato Law Firm present that recommendation to the court and ask for dismissal once treatment is done.

What happens if my child violates a Rehabilitation Plan?

The court can enter the plea held in abeyance, adjudicate the child delinquent, and impose a sentence. The Brancato Law Firm defends violation allegations and works to keep the plan in place when a violation is minor, as described on our Tampa sex crimes lawyer page.

Does a Rehabilitation Plan guarantee my child will not have to register?

No. Registration is avoided only if the plan is completed, and a violation followed by an adjudication on a qualifying offense can still require registration under section 943.0435. Our attorneys at The Brancato Law Firm review the registration rules for the specific charge before any plea is entered.

Is every juvenile eligible for a Rehabilitation Plan?

No. Eligibility depends on the charges, the child’s age, and the circumstances, and the State must agree. The Brancato Law Firm builds the case for a plan with treatment evaluations and school and family records, and our juvenile expungement guide covers what can happen to the record afterward.

Talk to our attorneys about a Rehabilitation Plan

What your family does in the first weeks after a juvenile sex charge often decides whether a Rehabilitation Plan is still on the table. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour for a confidential consultation; 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. For more about our defense strategies, visit our Sex Crimes 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.

The call usually comes after midnight. Your son or daughter has been booked into the Orient Road Jail, every jail call is recorded, and you may be hours away trying to learn what happens next. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have practiced in Hillsborough County courtrooms for more than 25 years, including as Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Our attorneys defend USF, University of Tampa, and Hillsborough Community College students on both tracks at once: the criminal case in the 13th Judicial Circuit and the student conduct case on campus.

Is a college student charged as an adult in Florida?

Yes. A student who is 18 or older is charged as an adult, because section 743.07, Florida Statutes, removes the “disability of nonage” for every person 18 and older. The case goes to adult county court (misdemeanors) or circuit court (felonies), and the arrest record is public. A 17-year-old dual-enrollment or early-admission student starts in the juvenile system instead, which our guides on teen takeover arrests and juvenile expungement in Florida explain.

Age still matters after 18. A student who commits a felony before turning 21 may be sentenced as a youthful offender under section 958.04, which caps the combined sanction at six years, and our parent’s guide to youthful offender sentencing explains who qualifies. At The Brancato Law Firm, we raise youthful offender eligibility during plea negotiations, not only at sentencing.

What happens in the first 48 hours after a student is arrested in Tampa?

The student is booked, sees a judge at first appearance within 24 hours, and is either released or held. In Hillsborough County, the student appears by video from the jail while the judge and lawyers appear from downtown. Hillsborough County does not offer pretrial services supervision as a release option, even though neighboring counties do, so release turns on the bond amount and conditions such as a no-contact order. Students arrested near USF St. Petersburg or Eckerd College go through Pinellas County, and students arrested near Saint Leo University go through Pasco County, where the procedures differ.

After first appearance, the State Attorney’s Office reviews the arrest report and decides what to file, a process that can take weeks. That window is when representation before charges are filed can change the outcome. In January 2026, a mother called our firm because her college-age son had an active warrant for domestic violence battery after the family called police only to get him mental health help. Our firm prepared affidavits from both parents and presented them to the intake prosecutor, and the State ended the prosecution within 24 hours of her call, before he was ever arrested. Our Hillsborough County criminal defense attorney page explains each later stage of a local case.

What are the most common charges against college students in Tampa?

Most student arrests in Tampa involve alcohol, fake IDs, marijuana or THC products, DUI, battery after a bar or party fight, and trespass. The table shows the statute, the maximum penalty, and the paths our attorneys usually pursue for a first offense. Every diversion program requires the State Attorney’s consent, so none is automatic.

Alcohol and fake ID charges

A fake ID is the charge that most often surprises parents, because possessing a counterfeit license is a third-degree felony under section 322.212, even when it was only used to get into a bar. Our firm works to keep a felony finding off the record, for the scholarship reasons covered below, and our post on Florida alcohol offenses covers the related charges in more detail.

Florida’s overdose protection has a gap. Under section 893.21, a person who calls for help during an alcohol or drug overdose cannot be prosecuted for drug possession discovered because of that call, but the statute does not cover the underage alcohol charge itself.

Marijuana, THC, and drug charges

Florida treats marijuana flower and THC concentrates differently. Twenty grams or less of flower is a misdemeanor, but section 893.13(6)(b) excludes resin and its derivatives, so a THC vape cartridge or wax can be charged as a felony. Whether a product is illegal cannabis or legal hemp often turns on lab testing, and our Tampa drug crimes attorney page explains how our attorneys challenge that testing.

DUI and under-21 drivers

A student under 21 can face two separate cases from one traffic stop: a criminal DUI at .08 under section 316.193, and an administrative suspension at .02 under section 322.2616. The license review must be requested within 10 days after the notice of suspension, so that deadline comes before almost anything else in the case. Our Tampa DUI lawyer page explains how our attorneys challenge the stop and the testing. Our post on what happens after a DUI arrest in Hillsborough County walks through each deadline and court date.

Battery and fights

Bar and party fights are usually charged as simple battery, a first-degree misdemeanor, and video is often the deciding evidence. Our Tampa violent crime lawyer page covers aggravated battery and self-defense cases. Our post on battery charges in Florida explains when a fight becomes aggravated battery.

Which diversion programs can keep a first arrest off a student’s record in Hillsborough County?

The Hillsborough County State Attorney’s Office runs several diversion programs that end in no charges or a dismissal for eligible first-time offenders. According to the State Attorney’s Office program list, the programs a student is most likely to see are:

• Adult Pre-Arrest Diversion Program (APAD): for people with minimal or no criminal history who commit an eligible misdemeanor. No charges are filed on completion.
• Misdemeanor Intervention Program (MIP): for first-time offenders, only with the State Attorney’s consent, requested by defense counsel through the assigned prosecutor.
• Drug Education and Treatment Reducing Recidivism (DETRR): for low-risk people charged only with drug possession. The charge is dismissed after treatment or education and six months without a new arrest.
• Pretrial Intervention: for certain first-time felony offenders, supervised by the Department of Corrections, under section 948.08.

The DUI program, Reducing Impaired Driving Recidivism (RIDR), adds sanctions such as alcohol monitoring and is not a dismissal program.

Diversion matters for students because of what comes after it. A dismissed case can usually be expunged under section 943.0585, and a withhold of adjudication can be sealed under section 943.059 if the student has never been adjudicated guilty. Even an expunged arrest must still be disclosed to The Florida Bar, to education licensing agencies, and to several health care agencies under section 943.0585(6)(b). Future lawyers, teachers, and nurses benefit most from a case that is never filed, which is why our firm pushes for a no-file outcome first.

Can parents get information about an adult student’s arrest or school records?

Parents can see the criminal case, because Florida court records are public, but the school’s disciplinary file belongs to the student. Under the federal privacy law known as FERPA, 20 U.S.C. § 1232g, rights over education records transfer to the student once the student turns 18 or attends a college. The Brancato Law Firm keeps parents informed within those limits, with the student’s written consent.

There are two exceptions parents should know. A school may share records with the parents of a student who is their tax dependent, under 34 C.F.R. § 99.31(a)(8). A college may also tell parents when a student under 21 has committed a disciplinary violation involving alcohol or drugs, under section 1232g(i). Both are permissions, not requirements, so the simplest path is for your student to sign the school’s release form.

Who is the client when parents pay for the lawyer?

The student is the client, even when parents sign the fee agreement and write the check. Florida’s ethics rule on third-party payment, Rule 4-1.8(f) of the Rules Regulating The Florida Bar, allows a lawyer to accept payment from someone other than the client only if the client gives informed consent, the payer does not interfere with the lawyer’s judgment, and the client’s information stays confidential.

Privilege is the second issue. Under section 90.502, a lawyer-client communication stays confidential only if third persons present are furthering the legal services or are reasonably necessary to transmit it. In Gerheiser v. Stephens, 712 So. 2d 1252 (Fla. 4th DCA 1998), a mother met with a lawyer to hire him for her jailed son, and the court held that conversation privileged because she was acting as her son’s agent. In Witte v. Witte, 126 So. 3d 1076 (Fla. 4th DCA 2012), the appeals court reversed a ruling that a client waived privilege by talking with her lawyer in front of her daughter, holding that a family member’s presence does not decide waiver by itself.

Your first call to find a lawyer is protected, but a parent who sits in on every fact discussion invites a fight over privilege. Our attorneys at The Brancato Law Firm meet with the student alone about the facts and bring parents in for strategy, cost, and scheduling, with the student’s consent. Anything your student tells you directly, outside a meeting with the lawyer, is not covered by the attorney-client privilege.

How does the campus conduct case work, and can it hurt the criminal case?

The school runs its own disciplinary case on its own timeline, and what your student says there can reach the prosecutor. USF’s Student Code of Conduct, Regulation USF6.0021, applies to student behavior “regardless of location or forum,” and it states that the conduct process “may be carried out prior to, concurrently with, or following civil or criminal proceedings.” USF can also impose an interim suspension, an immediate temporary separation from the university, while the case is pending.

Florida law gives students at public institutions such as USF and HCC specific rights. Under section 1006.60(3), the student gets written notice at least 7 business days before a proceeding, a witness list and the known evidence at least 5 business days before it, a presumption of no violation, the right to remain silent, and an advisor or lawyer who may directly participate and question witnesses. The University of Tampa is a private university, so section 1006.60 does not govern it, and its own Student Code of Conduct sets the procedure.

In Gabrilowitz v. Newman, 582 F.2d 100 (1st Cir. 1978), a University of Rhode Island senior charged with assault with intent to commit rape faced a campus hearing on the same facts. The federal appeals court held that his testimony at the hearing would be “entirely voluntary and subsequently admissible at the criminal case,” and it ruled that due process required letting a lawyer advise him during the hearing. Florida’s statute now guarantees that help at public colleges.

For many students, the campus case is the more likely one. In 2024, the University of Tampa reported 380 liquor-law disciplinary referrals and zero liquor-law arrests on campus, plus 58 drug-law referrals and zero drug arrests, in its federally required Clery Act crime statistics. In May 2025, a parent hired our firm for a USF student facing a conduct hearing after an off-campus arrest. Our firm prepared the student with written materials and a mock hearing, and USF resolved the matter informally with no disciplinary record.

My son was accused of a sex offense at college in Tampa. What happens next?

A sexual misconduct accusation at college usually starts two cases at once: a Title IX or conduct case at the school and a criminal investigation by campus or city police, often weeks before any arrest. The detective may try to interview your son, or ask the accuser to make a recorded call to him, before he knows he is a suspect. That pre-arrest stage is where pre-file advocacy matters most. In January 2026, our firm represented a client in a lewd or lascivious conduct investigation that closed with no arrest and no charges.

On the school side, the U.S. Department of Education formally restored the 2020 Title IX regulations on September 29, 2026. Under 34 C.F.R. § 106.45, a college’s grievance process must presume the respondent is not responsible, and a postsecondary school must hold a live hearing where each party’s advisor can cross-examine the other party and witnesses. USF handles these cases under its Sex Discrimination Policy 0-004.

Our firm’s sex crime defense draws on my years in the Major Crimes Unit, where I handled homicide, sex crime, and child abuse cases. Our attorneys coordinate the Title IX advisor role with the criminal defense, so the student does not hand the prosecutor evidence at the campus hearing. Your son should not contact the accuser or delete any messages, and our post on what to do if falsely accused of a sex crime lists the mistakes to avoid, and our Tampa sex crimes lawyer page explains how we defend these charges. For a student under 18, see our parent’s guide to juvenile sex offender registration.

How can an arrest affect financial aid, Bright Futures, and graduate school?

A drug conviction no longer affects federal student aid, but a felony can cost a Bright Futures award, and any record can follow a student into graduate school applications. The Brancato Law Firm weighs every plea offer against the student’s scholarship and career plans.

Federal aid. The FAFSA Simplification Act removed the drug-conviction penalty. The U.S. Department of Education announced in a June 17, 2021 Federal Register notice that a drug conviction would “no longer impact a student’s Title IV aid eligibility” and that the drug conviction question would be removed from the FAFSA starting with the 2023-2024 form.

Bright Futures. To be eligible for an initial Bright Futures award, a student must not have been found guilty of, or pleaded no contest to, a felony, under section 1009.531(1)(e). A no contest plea counts even when the judge withholds adjudication. The renewal statute, section 1009.532, does not mention criminal charges, but it requires at least 24 semester hours a year, so a suspension or jail time can cost the award indirectly.

Graduate and professional school. In a study published in Criminology in 2020, Robert Stewart and Christopher Uggen found that about 72% of colleges ask about criminal history and that applicants who disclosed a felony were rejected at nearly 2.5 times the rate of matched applicants. Earlier research by David Kirk and Robert Sampson in Sociology of Education (2013) found that arrested youth enrolled in four-year colleges at significantly lower rates than otherwise similar youth.

What if my child is an international student?

An international student should get advice from an immigration lawyer before accepting any plea or diversion offer, because immigration law counts some Florida outcomes as convictions. The USCIS Policy Manual states that a conviction exists for immigration purposes when adjudication is withheld, if the person pleaded guilty or no contest and the judge imposed some penalty. Drug offenses carry the most risk, because 8 U.S.C. § 1182(a)(2)(A)(i)(II) makes a noncitizen inadmissible for a controlled substance violation, even one the person only admits.

The Brancato Law Firm does not practice immigration law, so our attorneys coordinate with the student’s immigration counsel before any plea. In September 2026, our firm obtained diversion for a client charged with possessing a short-barreled rifle, cannabis, and paraphernalia, and deportation was avoided.

How do parents choose a criminal defense lawyer for a college student in Tampa?

Choose a lawyer who practices only criminal defense, appears in the Hillsborough County courthouse every week, and will handle the campus conduct case alongside the criminal case. I wrote a book on this question, “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter,” and its checklist applies to a student case:

1. A practice devoted entirely to criminal defense. The Brancato Law Firm handles only criminal cases, from misdemeanors to capital cases, in Hillsborough, Pinellas, and Pasco Counties.
2. Local knowledge. Diversion depends on knowing how the State Attorney’s Office decides. Our office is two blocks from the Hillsborough County Courthouse.
3. A trial record. I have tried more than 150 jury trials to verdict.
4. Conduct-hearing experience. Ask whether the lawyer will prepare your student and attend the campus hearing as the advisor.
5. Communication. You can call us at any hour. Clients get case updates through our client portal, and we return calls within 24 hours.
6. A clear fee. We quote a flat fee based on the facts and how involved the case is, and it covers the whole case including trial. A separate trial fee gives a lawyer a financial incentive to settle before trial preparation. We ask for at least half up front, with a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, consultations are free, and our post on how much a criminal defense attorney costs in Tampa explains the range.

What should parents do in the first 72 hours?

Act before the school schedules a meeting and before the State Attorney makes a filing decision:

1. Tell your student to stop talking about the facts with police, school officials, roommates, group chats, and social media. Jail calls are recorded.
2. Do not let your student attend a conduct meeting alone. Read the notice for the date and the deadline to respond.
3. Do not contact the alleged victim or witnesses, directly or through friends.
4. Preserve evidence: texts, photos, rideshare receipts, bank records, and the names of any bar or apartment with security cameras, before video is overwritten.
5. Write a timeline of the night while memories are fresh, and give it only to the lawyer.
6. Follow every release condition, including no-contact orders and any curfew.
7. For a DUI or under-21 stop, mark the 10-day deadline to request a license review.
8. Call a defense lawyer before the filing decision, while diversion and a no-file outcome are still on the table.

Our attorneys at The Brancato Law Firm can begin on the conduct notice, evidence preservation, and the State Attorney’s filing review the same day you call.

Recent results for students and young adults

Past results do not guarantee future outcomes. Every case depends on its own facts.

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

Frequently asked questions

My college-age son was arrested in Tampa. Can you recommend a criminal defense lawyer?

Look for a lawyer whose practice is entirely criminal defense, who works in the Hillsborough County courthouse every week, and who will handle the campus conduct case along with the criminal charge. The Brancato Law Firm defends college students in both forums, and our founder has tried more than 150 jury trials to verdict. Our page on defending cases in Hillsborough County courts describes how we handle local cases from first appearance through trial.

What lawyers handle sex offense accusations against college students in Tampa?

Criminal defense lawyers with sex crime trial experience handle these cases, ideally ones who can also serve as the student’s advisor in the Title IX hearing. Our attorneys at The Brancato Law Firm defend sex crime accusations at the investigation stage, in Title IX proceedings, and at trial. Our sex crimes defense page explains how we approach these cases.

Can a fake ID charge be dropped in Florida?

Yes, a fake ID charge can be dropped, reduced to a misdemeanor, or resolved through diversion, depending on the facts and the student’s record. The Brancato Law Firm asks the State Attorney’s Office for Pretrial Intervention or a reduction in first-offense fake ID cases so the student avoids a felony finding. Avoiding that finding protects Bright Futures eligibility under section 1009.531.

Will USF tell me if my child gets in trouble for drinking?

USF may notify parents when a student under 21 commits a disciplinary violation involving alcohol or drugs, because federal law permits that disclosure but does not require it. When The Brancato Law Firm represents a student in a conduct case, we ask the student to sign the school’s release so the parents and our attorneys can stay informed.

Should my child go to a student conduct meeting before the criminal case is over?

Your child should not go without a lawyer’s advice, because statements at a conduct meeting can be used in the criminal case. Our attorneys at The Brancato Law Firm prepare students for conduct meetings and, at USF and HCC, can participate directly under section 1006.60(3). When police are still investigating, we start with help before charges are filed so the criminal and campus strategies match.

Does a misdemeanor marijuana charge affect my student’s financial aid in 2026?

No, a drug conviction no longer affects federal student aid eligibility. The Brancato Law Firm still pushes for diversion in marijuana cases, because a dismissed case can be expunged and keeps the arrest out of most background checks. A THC vape charge is different, because a felony plea can cost an initial Bright Futures award.

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

Parents who call us in the first few days give their student the most options, because the State Attorney’s filing decision and the school’s conduct notice usually arrive within weeks of the arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review the arrest report, the conduct notice, and every diversion option, and tell you plainly what we would do next. Call (813) 727-7159 for a free consultation; you can call us at any hour. 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.

A Florida prosecutor has to sign off before most juvenile records can be cleared early, so the first question we ask a family is how the case ended. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms watching juvenile records follow young people into college, military, and job applications. Our attorneys gather the dispositions, completion letters, and State Attorney certifications a child needs, and we file the application or petition that fits the case.

What is juvenile expungement in Florida?

Juvenile expungement in Florida (the statutes call it “expunction”) is the destruction of a minor’s criminal history record so it no longer appears on public background checks. After a court-ordered expunction, a person may lawfully deny or fail to acknowledge the expunged arrest, with exceptions for jobs such as law enforcement, schools, and agencies that serve children, the elderly, or the disabled, and for admission to The Florida Bar, under section 943.0585, Florida Statutes.

Expunged does not always mean gone from every government file. For a diversion expunction, FDLE keeps a confidential copy that criminal justice agencies may see only to decide diversion eligibility, investigate a crime, or make a juvenile charging decision, under section 943.0582. Records held by local agencies in the county of arrest are sealed rather than destroyed.

How does diversion expunction work after a juvenile arrest?

Diversion expunction is the fastest way to clear a juvenile arrest. FDLE must expunge the nonjudicial arrest record of a minor who completed a qualifying diversion program when three conditions are met, under section 943.0582(3):

• The arrest was for a misdemeanor, or for a felony that is not a forcible felony and does not involve a firearm or weapon.
• The State Attorney for the county of arrest certifies in writing that the child completed that county’s diversion program.
• The child has never been charged by the State Attorney with, or found to have committed, any other criminal offense or comparable ordinance violation.

That last condition trips up many families. The bar is any prior charge or finding, not only a prior forcible felony. A second arrest before the application is filed can end eligibility, so our attorneys file as soon as the completion letter is in hand. The statute sets no deadline after completion, which means an older diversion case may still qualify years later.

Hillsborough County handles many first-time juvenile misdemeanors before they become arrests at all. The 13th Judicial Circuit’s Juvenile Diversion Programs office, run by the court’s administrative office with the Department of Juvenile Justice, the Sheriff’s Office, local police, schools, the State Attorney, and the Public Defender, offers civil citation to youth ages 8 to 17 for offenses such as petit theft under $300, trespass, and simple battery. According to the court’s brochure, a child who completes the sanctions gets no arrest record, and the information is not sent to the Clerk, FDLE, or the State Attorney’s Office. Our Hillsborough County criminal defense attorney team pushes for civil citation or diversion at the first conversation with the prosecutor, because that decision controls everything that follows.

The FDLE application for a juvenile diversion expunction has five parts:

1. Section A of the application, signed in front of a notary or deputy clerk by the applicant and, if the child is under 18, a parent or guardian.
2. The certified statement page, completed by the State Attorney.
3. Proof of completion, such as a pretrial completion certificate or a letter of successful completion.
4. A paper fingerprint card taken by a law enforcement agency or approved vendor.
5. A letter on attorney letterhead if a lawyer represents the family, so FDLE will correspond with counsel.

When are juvenile records automatically expunged in Florida?

Most Florida juvenile records are expunged automatically when the person turns 21. FDLE keeps the record of a minor who was not a serious or habitual juvenile offender, and not committed to a maximum-risk residential facility, until two years after the minor turns 19, then destroys it, under section 943.0515(1). For a serious or habitual juvenile offender or a maximum-risk commitment, the record stays until age 26.

Three situations stop automatic destruction:

The registration rule surprises many parents. Our guide to juvenile sex offender registration in Florida explains which adjudications trigger it and how removal works.

Can my child get a juvenile record expunged before age 21?

Yes, if the young adult is at least 18 and under 21 and has not been charged with or found to have committed any criminal offense in the five years before applying, under section 943.0515(1)(b)2.. Only offenses committed before age 18 qualify, and the State Attorney in each circuit where an offense occurred must approve.

The early juvenile expungement application requires a $75 FDLE processing fee unless waived, fingerprints taken by a law enforcement agency, a certified disposition for each case, and a sworn statement that the applicant is no longer under court supervision. A denial is not the end. A minor who applies early and is not approved still has the record expunged at 21 if otherwise eligible. For a 19-year-old applying to college, the military, or a first career job, two years can matter, so our attorneys usually apply early when the five-year lookback is clean.

What if the juvenile case was dropped or dismissed?

A juvenile case that ended without a finding of delinquency can be expunged by court order under section 943.0585. The person is eligible to petition if no charging document was filed, or the charges were dropped, dismissed, or ended in an acquittal or not-guilty verdict.

Before filing in circuit court, the person must get a certificate of eligibility from FDLE. That requires a certified statement from the State Attorney, a certified copy of the disposition, and a $75 processing fee unless waived. FDLE will not issue the certificate if the person was ever adjudicated delinquent in Florida for a felony or for listed misdemeanors such as assault, battery, petit theft, or carrying a concealed weapon, unless that delinquency record was already expunged under the automatic-expunction statute.

A juvenile case closed with adjudication withheld follows a slower path. The record generally must be sealed for at least 10 years before it can be expunged, unless no plea was entered or all charges were dismissed before trial. Families who want to compare outcomes can read our post on youthful offender sentencing in Florida, which explains how adult-court youth cases differ.

Can a judge deny a juvenile expungement petition?

A judge may deny an expunction petition, but not arbitrarily. In J.F.T. v. State, No. 5D20-0907 (Fla. 5th DCA Aug. 28, 2020), a child was arrested in Marion County and the State filed a notice of no petition, meaning it would not prosecute. The child’s family filed a petition to expunge with an FDLE certificate of eligibility. The State did not dispute eligibility but opposed the petition so the records would be available if the child committed a crime in the future. The trial judge denied the petition in a one-line order.

The Fifth District reversed. Relying on its earlier decision in Kanji v. State, 4 So. 3d 65 (Fla. 5th DCA 2009), which reversed an unexplained denial of an adult’s expunction petition, the court held that the “sole discretion” language in the statute does not permit arbitrary denial. The trial court must consider all the facts and circumstances and may not deny a petition based only on the nature of the alleged crime. The case went back with instructions to grant the petition or state reasons.

The lesson for parents is practical. A prosecutor’s general wish to keep records available is not enough to defeat an eligible petition. Our attorneys build the petition record (school records, work history, letters, and the case outcome) so the judge has facts to weigh, and we ask for a hearing when the State objects.

Why does clearing a juvenile record matter?

A juvenile record can surface on background checks for college admissions, scholarships, military enlistment, professional licensing, housing, and jobs, which is why the timing of expunction matters. Research on adult records shows how much is at stake and how often people miss the chance. In a 2020 Harvard Law Review study of Michigan records, J.J. Prescott and Sonja B. Starr found that only 6.5 percent of eligible people obtained expungement within five years of becoming eligible, and that wages rose by more than 22 percent within one year for those who did (Expungement of Criminal Convictions: An Empirical Study, 133 Harv. L. Rev. 2460 (2020)).

The numbers in our own circuit show how many families face this question. In fiscal year 2019-20, the 13th Judicial Circuit (Hillsborough County) recorded 3,079 juvenile delinquency complaints and 39 juveniles direct-filed into adult court, according to the Florida Legislature’s Office of Economic and Demographic Research 13th Judicial Circuit criminal justice profile. A direct-filed child is prosecuted as an adult, and the juvenile expunction rules in this guide no longer protect that case.

What should parents do now to protect a child’s record?

Parents should act while the case is open, because the outcome decides which path is available. These steps preserve the most options:

1. Ask for diversion or civil citation before the State Attorney files a petition. A completed diversion is the only path that clears the arrest itself within months.
2. Keep the child free of any new charge. One new charge can end diversion expunction and early expunction eligibility.
3. Get the paperwork at the end: the completion letter, the certified disposition, and any order closing the case.
4. Calendar the child’s 18th birthday and the five-year lookback for early expunction.
5. If police want to question your child about an incident, call a lawyer first. Our representation before charges are filed often decides whether a case is diverted or prosecuted.

Frequently asked questions about juvenile expungement in Florida

Does a juvenile arrest show up on a background check in Florida?

A juvenile arrest that has not been expunged can appear on Florida criminal history checks until the record is destroyed at 21 or 26. The Brancato Law Firm reviews a family’s FDLE record and tells them which path can clear it sooner, so the record does not surface during college or job applications.

Can a juvenile record be expunged if my child was adjudicated delinquent?

A delinquency adjudication usually rules out court-ordered expunction for that case, but the record is still expunged automatically at 21 or 26 unless a forcible felony or registrable sex offense keeps it. Our attorneys at The Brancato Law Firm check whether the young adult qualifies for early expunction under section 943.0515 between ages 18 and 21.

Can my child deny the arrest on a college or job application after expungement?

After a court-ordered expunction, a person may lawfully deny the arrest except in listed situations such as law enforcement jobs, school employment, and Florida Bar admission. The Brancato Law Firm explains to each client which applications still require disclosure, so a young adult does not make a misstatement on a sensitive application.

How much does juvenile expungement cost in Florida?

FDLE charges a $75 processing fee for early juvenile expunction and for a certificate of eligibility unless the fee is waived, and diversion expunction requires its own FDLE application. The Brancato Law Firm explains the full cost after reviewing the record, and you can start with our Hillsborough County defense team by phone at any hour.

What happens to a juvenile record if my child is later charged as an adult?

If a person 18 or older is charged with or convicted of a forcible felony before the juvenile record is destroyed, the juvenile record is merged into the adult record and kept. Our attorneys at The Brancato Law Firm defend the adult charge with that risk in mind, since an acquittal or reduced charge can protect the juvenile record too.

Can a human trafficking victim expunge a juvenile record in Florida?

Yes. A trafficking victim may petition to expunge offenses committed as part of the trafficking scheme, regardless of how the case ended, and a conviction expunged this way is treated as vacated under section 943.0583. The Brancato Law Firm gathers the victim-status documentation that creates a legal presumption in the petitioner’s favor.

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

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

Talk to our attorneys about clearing your child’s record

The best time to protect a juvenile record is before the case closes, and the next best time is before your child turns 21. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 to review the record and the fastest path to clear it. 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. Our office is two blocks from the courthouse, 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.

If you were just arrested for drug possession in Hillsborough County, the most valuable weeks of your case are the ones before the State Attorney’s Office decides whether to file a charge. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In more than 25 years in Hillsborough County courtrooms, I have watched DETRR and the programs before it turn possession arrests into closed cases, and our attorneys work to get eligible clients into the program before a charge is ever filed.

What is the DETRR program in Hillsborough County?

DETRR is a drug diversion program run by the Hillsborough County State Attorney’s Office in the 13th Judicial Circuit. The State Attorney’s Office describes it as “limited to drug possession cases for low-risk, non-violent offenders” and lists it among its diversion programs on its programs page. The program launched in October 2020 as a step below Drug Treatment Court, for people whose drug use does not call for the closer supervision of a treatment court.

The deal is simple. The person waives the right to a speedy trial in writing, completes whatever education or treatment the program assigns, and stays arrest-free for six months from the day they enter. If they do, the drug possession charge is dismissed. If they are arrested again, the State can go back to prosecuting the original charge. DETRR is a Hillsborough County program, so our Hillsborough County criminal defense attorneys handle it through the State Attorney’s Office in Tampa.

Who qualifies for DETRR?

DETRR has three levels, and the level depends on the drug, the amount, and the person’s history. According to the State Attorney’s Office DETRR information sheet for defense attorneys, each level can be used only once, and a later arrest moves a person up to the next level if they are otherwise eligible.

Level 1 reaches further than many people expect. Under section 893.13(6)(b), Florida Statutes, possession of 20 grams or less of cannabis is a first-degree misdemeanor, and more than that is a third-degree felony under section 893.13(6)(a). Because DETRR Level 1 goes up to 30 grams, it covers some felony cannabis cases as well as misdemeanors. Our post on how much marijuana is a felony in Florida explains those weight lines.

What disqualifies someone from DETRR?

Any sign of sale or distribution, any trafficking charge, and a violent or high-risk profile keep a person out of DETRR at every level. Pending charges and felony probation also matter. The table below sorts what the State Attorney’s Office lists as disqualifying from what it says does not, by itself, rule a person out.

Can DETRR happen before charges are filed?

Yes, if the defense reaches the State Attorney’s Office early enough. The State Attorney’s Office materials describe DETRR in terms of dismissing a charge, and some sources treat it as a program for cases that are already filed. In our experience, the Hillsborough State Attorney’s Office will also do diversion before filing: when the defense contacts the prosecutor quickly after the arrest, the person waives speedy trial, and the office holds off on filing the charge while the person completes the program.

That timing matters. A case that is never filed leaves no charging document at all, which is the cleanest result a person can get after an arrest. The speedy trial waiver is what makes it work: it gives the State the time to wait without losing the case. This is the core of our pre-file advocacy work, and it is why the first call after a drug arrest should come early, not after the State has already filed.

How often are Hillsborough drug possession cases never filed?

In 2025, the Hillsborough County State Attorney’s Office filed no charge in 62% of the 7,069 drug possession cases it decided, up from 27% in 2022, according to the Florida Department of Law Enforcement’s Criminal Justice Data Transparency database. Marijuana possession cases followed the same path: 51% of the 1,373 decided in 2025 were not filed. Those cases come out of a large pool. Hillsborough County recorded 10,502 drug arrests in 2025, according to FDLE arrest data published on the Florida Department of Health’s FLHealthCHARTS site.

The data does not say why a case was not filed, and pre-file diversion is only one reason. In our experience, prosecutors are also less interested in small amounts of marijuana than they were a few years ago, and roadside field tests often do not hold up once the crime lab looks at the evidence. Our post on how to fight a drug charge before it is filed covers the lab and field test issues. The point for anyone facing a possession arrest in Hillsborough is that a filed charge is far from certain, and early work by our attorneys can push a case toward the side that is never filed.

How do you get into DETRR?

Entry into DETRR runs through the prosecutor, not the judge. For Levels 1 and 2, the assistant state attorney in the felony division prepares the DETRR contract and sends it to the defense attorney for the client’s signature. For Level 3, the case goes to Drug Court for a risk-needs assessment, and the prosecutor assigned to Drug Court prepares the contract. After the case is closed into the program, the person takes the signed contract to the Florida Department of Corrections office at 1313 N. Tampa Street within 24 hours and is assigned an officer who tracks the six months.

1. Our attorneys confirm eligibility from the arrest report, the substance, the weight, and the client’s record.
2. We contact the assigned prosecutor, ideally before the filing decision, and ask for DETRR.
3. The client signs the contract and the written speedy trial waiver.
4. The client reports to the Department of Corrections within 24 hours and completes any required evaluation and treatment.
5. After six months with no new arrest, the charge is dismissed, or, in a pre-file case, never filed.

The prosecutor’s decision is final. In Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a woman charged with welfare fraud met every statutory requirement for pretrial intervention, but the state attorney refused to consent, and the trial judge ordered her into the program anyway. The Fourth District Court of Appeal quashed that order, and the Florida Supreme Court approved the appellate decision, holding that “the pretrial diversion decision of the state attorney is prosecutorial in nature and, thus, is not subject to judicial review.” The lesson for DETRR is practical: a judge cannot force a prosecutor to offer diversion, so the case for DETRR has to be made to the prosecutor, and made well.

Does DETRR clear your record?

No, not by itself. Finishing DETRR ends the case, but the arrest stays on the person’s criminal history until it is expunged or sealed. The State Attorney’s Office says DETRR participants are offered information about expunction at every level.

DETRR sets a person up well for expunction. Under section 943.0585, Florida Statutes, a person may petition to expunge a record when no charging document was filed, or when the charge was dismissed or nolle prossed, so long as they have never been adjudicated guilty of a criminal offense in Florida and have never had a record sealed or expunged before. The person first applies to FDLE for a certificate of eligibility, which requires a certified statement from the State Attorney’s Office and a $75 processing fee, and the court still decides the petition. A pre-file DETRR case, where the charge is never filed, falls under the first category.

Does diversion actually work?

The research says yes. A National Institute of Justice study, NIJ’s Multisite Evaluation of Prosecutor-Led Diversion Programs (Rempel and others, 2018), compared five prosecutor-run diversion programs in Illinois, Wisconsin, and Vermont with similar cases that went through regular prosecution. Diversion participants were less likely to be convicted or jailed, four of the five programs were linked to lower re-arrest rates, and diversion cases cost less to handle in all four programs studied for cost. DETRR rests on the same idea: for low-risk possession cases, treatment and a clean six months do more good than a conviction.

What should you do after a drug possession arrest in Hillsborough County?

Act within days, not weeks. The pre-file window is when DETRR can keep a charge from ever being filed, and the State Attorney’s Office can file at any time. Do not discuss the case with police or post about it, keep every paper the jail gave you, and do not pick up a new charge, since a pending case can disqualify you. Then call a lawyer who knows how the Hillsborough State Attorney’s Office handles diversion. For more about our defense strategies, visit our Drug Crimes page.

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

Frequently asked questions about DETRR

Can a judge order DETRR if the prosecutor says no?

No. Under Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a state attorney’s decision on pretrial diversion is not subject to judicial review. That is why our attorneys at The Brancato Law Firm make the case for DETRR directly to the assigned prosecutor, with the facts and records that show the client is low-risk.

Can I get DETRR if I have a prior record?

Often, yes. A prior record does not by itself exclude someone from Level 1 or Level 3, though Level 2 is limited to people with no prior felony conviction or withhold. The Brancato Law Firm reviews the full record before contacting the prosecutor so the request goes in at the right level, and our Tampa drug crimes attorney page explains our wider approach to possession cases.

Is DETRR available in Pinellas or Pasco County?

No. DETRR is a program of the Hillsborough County State Attorney’s Office, and Pinellas and Pasco cases are handled by the State Attorney’s Office for the Sixth Judicial Circuit, which runs its own diversion options. Our attorneys at The Brancato Law Firm handle drug cases in all three counties and know which options each office offers.

What happens if I am arrested again during DETRR?

A new arrest can end the diversion and send the original case back to regular prosecution. The Brancato Law Firm treats that risk seriously from day one, which is why we walk every DETRR client through the six-month terms before they sign.

Does DETRR require a guilty plea?

No. DETRR does not require a guilty or no contest plea. The person signs a contract and a written speedy trial waiver, and after six months arrest-free the charge is dismissed or, in a pre-file case, never filed. Our attorneys at The Brancato Law Firm review every DETRR contract with the client before signing, and in a pre-file case the goal is a charge that is dropped or never filed.

The days right after a drug arrest decide whether DETRR can keep a charge from ever being filed. Our attorneys will review the arrest report, confirm which DETRR level fits, and contact the prosecutor before the filing decision. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; 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 and Haitian Creole-speaking clients.

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.

A Hillsborough County prosecutor deciding whether to file a drug charge looks at two things first: what the lab says the substance is, and how the police found it. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In more than 25 years in Hillsborough County courtrooms, I have watched the filing decision shape drug cases long before any trial date is set. Our attorneys use that window to put the weaknesses in the State’s evidence in front of the prosecutor before a charge is ever filed. Our drug case results include a fentanyl trafficking case dismissed three weeks after the arrest and a not guilty verdict in a 200-to-400-gram cocaine trafficking trial.

This guide explains what happens between a drug arrest and a formal charge in Florida, the court rule deadlines that changed in July 2025, and the five places where drug evidence most often breaks down. If you are facing a drug case now, our Tampa drug crimes attorney page explains how our firm defends these charges.

What happens after a drug arrest in Florida before charges are filed?

After a drug arrest in Florida, the arrest report and the seized evidence go to the State Attorney’s Office, and an assistant state attorney decides whether to file formal charges. The arrest itself is not the charge. The formal charge in a felony drug case is an “information” filed by the prosecutor, and until it is filed, the case sits in what lawyers call the pre-file stage. In the 13th Judicial Circuit, that is where our representation before charges are filed does its most useful work.

During the pre-file stage, three things usually happen at once. The suspected drugs are sent to a crime lab for chemical testing. The prosecutor reviews the arrest report, any body camera video, and the search. And the defense, if one is involved yet, gathers its own evidence and asks the prosecutor to file nothing, file less, or offer diversion.

Florida’s court rules put a clock on this stage. Under Florida Rule of Criminal Procedure 3.134, as amended in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a Florida Supreme Court rules opinion that took effect July 1, 2025, the State must formally charge a jailed defendant within 30 days and a defendant out on bond within 60 days. Missing those deadlines leads to release from jail or from bond conditions. It does not lead to dismissal.

The 2025 amendments also changed Florida’s speedy trial rule. The Florida Supreme Court explained that the speedy trial period “now starts from the date that formal charges are filed rather than from the date of arrest.” The practical effect is that the State faces no speedy trial pressure while it waits for a lab report, so the pre-file stage can run for months when the defendant is not in custody. That is time the defense can use.

How common are drug arrests in Hillsborough, Pinellas, and Pasco Counties?

In 2025, Hillsborough County recorded 10,502 drug arrests, a rate of 666.5 per 100,000 residents, compared with 383.1 per 100,000 statewide, according to Florida Department of Law Enforcement arrest data published on the Florida Department of Health’s FLHealthCHARTS site. That puts Hillsborough’s drug arrest rate about 74 percent above the state average. Pinellas County recorded 5,269 drug arrests in 2025 and Pasco County recorded 1,817.

Together, the three Tampa Bay counties our firm serves accounted for 17,588 of Florida’s 89,562 drug arrests in 2025, or about one in five. Each of those arrests goes through the same filing decision described above. FDLE notes that its figures count arrest events and that one arrest can include several charges. Our attorneys handle drug cases in Hillsborough County, Pinellas County, and Pasco County, and the filing practices of each State Attorney’s Office differ.

Is a roadside field test enough to prove a drug charge in Florida?

No. A roadside field test is a presumptive screen that tells an officer a substance might be a drug. It is a color-change kit, and it can react to legal substances. Florida appellate courts have held that a field test alone did not prove what a package contained, which is why the crime lab report carries so much weight in the filing decision.

A 2024 report by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Carey Law School estimated that about 773,000 drug arrests in the United States each year involve these presumptive field tests. The same report estimated that around 30,000 arrests each year involve people who did not possess any illegal substance, and it noted that the true error rate of the tests remains unknown. Our firm treats a positive field test as a claim the lab still has to confirm.

Tampa Bay has its own record with these kits. A 2016 investigation by ProPublica and the Tampa Bay Times found that over the first several months of 2014, the Hillsborough County Sheriff’s Office arrested 15 people on drug charges for substances the Florida state crime lab later determined were not drugs. Other Florida cases reported in the news follow the same pattern: a roadside color change, an arrest, and a lab result that came too late to prevent it.

The Martinez case was reported by ProPublica and the Tampa Bay Times, the Shaw case by FOX 13 Tampa Bay, and the Rushing case by CBS News. Each of them was cleared by a lab, but only after an arrest. That is why our attorneys push for the lab result before the State makes its filing decision, and why we challenge any case that rests on a field test alone.

Florida’s Second District Court of Appeal, which hears appeals from Tampa Bay, applied that principle in Smith v. State, 835 So. 2d 387 (Fla. 2d DCA 2003). An officer field-tested two baggies of suspected methamphetamine, then poured them into one bag without weighing either one. The court held that “the field test alone does not make a prima facie case” for trafficking and reduced the conviction to armed possession. The lesson carries forward: when the only proof of what was in a package is a field test, the State has a gap.

Where does the lab evidence in a Florida drug case break down?

Drug evidence in a Florida case usually breaks down in one of five places: the field test, the lab’s testing choices, the weight, the chain of custody, or the analyst who testifies. Our attorneys review each one before we talk to the prosecutor, because a weakness found before filing can change what charge, if any, the State files.

1. The lab tested a sample, not every package

When the total weight of several packages matters, Florida courts have required the State to test each package rather than infer the contents from one. In Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025), a Hillsborough County case, detectives found 50 vacuum-sealed bundles of a green, leafy substance, but the FDLE lab tested only one sample, which weighed 24.47 grams. Every State witness admitted they could not tell legal hemp from illegal cannabis by appearance or smell. The Second District reversed the trafficking conviction and ordered it reduced to felony possession of cannabis, holding that the State “must chemically test each packet” when it relies on multiple packages to reach a trafficking weight.

2. Hemp and marijuana look and smell the same

Since hemp became legal, Florida courts recognize that hemp and marijuana cannot be told apart without testing. The Campbell court explained that a substance with a THC concentration above 0.3% is illegal cannabis, and one below 0.3% is legal hemp. That makes the lab’s THC result central in any marijuana or THC case, including vape and edible cases. Our post on how much weed is a felony in Florida explains the weight thresholds that follow from that result.

3. The weight includes the wrong things

Drug charges in Florida climb with weight, and trafficking under section 893.135, Florida Statutes carries mandatory minimum prison sentences. When officers combine packages before weighing them, weigh drugs in their packaging, or estimate pill counts, the weight that drives the charge may not be the weight of the drug. In Smith, combining two baggies before weighing them cost the State its trafficking conviction. Our post on fentanyl trafficking defenses covers how weight issues play out in the most serious cases.

4. The chain of custody has a gap

Florida admits physical evidence unless there is evidence of probable tampering. In Murray v. State, 3 So. 3d 1108 (Fla. 2009), a murder case involving hair evidence, the Florida Supreme Court held that once the defense produces evidence of probable tampering, the burden shifts to the State to establish a proper chain of custody. In drug cases, our attorneys compare the evidence log, the lab intake form, and the weights recorded at each step. A package that gains or loses weight, or changes description, between the scene and the lab is the kind of discrepancy that meets that burden.

5. The analyst who did the testing does not testify

A defendant has the right to confront the lab analyst whose testimonial findings are used against him. In Smith v. Arizona, 602 U.S. 779 (2024), the State of Arizona replaced the analyst who tested the drugs with a substitute expert who relayed her notes and report to the jury. The U.S. Supreme Court held that when an expert relays an absent analyst’s statements to support his opinion, those statements come in for their truth, and if they are testimonial, the defendant has the right to cross-examine the person who did the lab work. The Court sent the case back to decide whether the absent analyst’s statements were testimonial. When analysts leave crime labs or cases are reassigned, that ruling gives the defense real leverage.

Two more issues sit alongside the lab evidence. The first is how the drugs were found: an illegal stop or search can lead to a motion to suppress that keeps the drugs out of evidence, and our posts on drugs thrown down during a police encounter and confidential informants cover two common search issues. The second is knowledge. Under section 893.101, Florida Statutes, lack of knowledge of the illicit nature of a substance is an affirmative defense, and drugs found in a shared car or home raise the constructive possession questions the State must answer. If the lab identifies a different drug than the one charged, our post on being charged with the wrong drug explains what follows.

What can a defense lawyer do before drug charges are filed in Tampa?

Before charges are filed, a defense lawyer can give the prosecutor reasons not to file, to file less, or to offer diversion, while the prosecutor still has full discretion. Once an information is filed, every change has to be negotiated. In our firm’s pre-file drug work, the steps usually look like this:

• Find the weak points first. We review the arrest report, body camera video, and property receipts for the five evidence problems above.
• Document lawful explanations. A valid prescription is a complete answer to many possession charges under section 893.13(6)(a), Florida Statutes, and a receipt for a lawful hemp product can matter in a THC case.
• Press the timeline. We track when the evidence was submitted to the lab and hold the State to the Rule 3.134 deadlines.
• Present mitigation. Employment, school, treatment, and a clean record give the prosecutor a reason to choose diversion over a felony filing.
• Ask for a specific outcome. We ask for a no information, a misdemeanor instead of a felony, or entry into a pretrial program, depending on what the evidence supports.

Speed matters at this stage. In a January 2025 case, a client was arrested for possession of cocaine and possession of a firearm during the commission of a felony. Rocky argued at first appearance that the facts did not meet the intent of the firearm statute, the judge set low bonds, and his immediate work with the intake prosecutor led to both charges being dismissed within days of the arrest. In a March 2025 fentanyl trafficking case, Rocky defeated the State’s motion for pretrial detention, challenged constructive possession and the vehicle search, and the prosecutor issued a Letter of Release within three weeks of the arrest.

Arrests at the Port Tampa Bay cruise terminals show how this works in practice. In March 2026, a husband and wife who flew to Tampa for a cruise were arrested after the cruise line’s security screening found felony amounts of marijuana in their shared luggage, including vape cartridges, flower, and edibles. Before the State made its filing decision, Rocky presented the facts to the State Attorney’s Office and argued constructive possession: neither spouse could be individually linked to drugs in shared luggage. The State never filed charges against either one. Our post on cruise ship arrests in Tampa covers those cases in more detail.

Can drug charges be dropped in Florida?

Yes. Florida drug charges can be dropped before filing through a no information, or dismissed after filing through a pretrial intervention program. Under section 948.08(6), Florida Statutes, a person charged with a nonviolent felony who has a substance abuse problem and no more than two prior nonviolent felony convictions is eligible for a pretrial drug treatment program, and “the court shall dismiss the charges” on successful completion. Admission is not automatic, and the State can oppose it in some cases.

In Hillsborough County, the 13th Judicial Circuit’s Administrative Order S-2026-002, effective February 2, 2026, governs Adult Drug Treatment Court. Its pretrial program does not require a guilty or no contest plea, and successful completion results in dismissal. The defendant must waive speedy trial for the diversion period. The circuit’s post-adjudicatory drug court is different: it requires a plea and is limited to nonviolent felonies scoring 60 points or fewer on the Criminal Punishment Code scoresheet.

Diversion is often the result of pressure on the evidence. In an August 2025 amphetamine trafficking case, Rocky filed a motion to suppress that exposed serious weaknesses in the State’s case. The trafficking charge was reduced, and the client was accepted into a diversion program under which the case will be dismissed once he completes a drug evaluation and any recommended outpatient treatment. In an October 2026 case, a young man charged with multiple counts of possessing party drugs and pills completed a diversion program Rocky negotiated, the charges were dismissed, and he is now eligible to have his record expunged.

Possession of most controlled substances under section 893.13(6)(a) is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Those exposures are why the filing decision matters so much: the difference between a felony information and a no information is the difference between a felony record and none.

How often are drug possession arrests in Tampa Bay never filed?

In Hillsborough County, the share of drug possession cases the State Attorney’s Office never filed more than doubled in four years, from 27% of the 3,280 cases it decided in 2022 to 62% of the 7,069 cases it decided in 2025. Marijuana possession followed the same path in Hillsborough, rising from 27% not filed in 2022 to 51% in 2025. Pinellas County held steady: the State Attorney’s Office there filed no charge in 20% of the 3,163 drug possession cases it decided in 2025, about the same share as in 2023 and 2024. Pasco County’s reported data covers only 2022 and 2023 and a small share of cases, but in that sample 6% of 436 drug possession cases were not filed. These figures come from the Florida Department of Law Enforcement’s Criminal Justice Data Transparency database, which collects the filing decisions each State Attorney’s Office reports under section 900.05, Florida Statutes.

In our experience at The Brancato Law Firm, P.A., three things drive Hillsborough’s rise. Prosecutors are less interested in small amounts of marijuana than they were a few years ago. Pre-file diversion programs give people with low-level possession cases a way to avoid a filed charge, and in Hillsborough the State Attorney’s Office will hold off on filing while a person completes diversion if the defense reaches the prosecutor quickly enough. And roadside field reagent tests are unreliable, as explained above, so a case that rests on a field test often does not hold up once the lab looks at the evidence. Filing practices differ by county, which is why representation before charges are filed starts with knowing how the State Attorney’s Office in that county handles these cases.

About these numbers: Each case is counted once. A case counts as “not filed” when the State Attorney filed no charge in it. Cases consolidated into another case or transferred to another court are excluded. “Drug possession” here means possession of a controlled substance other than marijuana.

What should you do if you are arrested or under investigation for drugs in Tampa?

Talk to a defense lawyer before the State files charges, because Florida’s court rules expect a filing decision within 30 days for a jailed defendant and 60 days for one on bond, and the lab result can arrive sooner. Until then, protect the case:

• Do not explain, discuss, or text about the drugs, the car, or the house with anyone, including family. Jail calls are recorded.
• Do not talk to detectives or agree to a “just to clear things up” interview without a lawyer.
• Keep prescriptions, pharmacy records, and receipts for any lawful hemp or CBD products.
• Write down who had access to the car, room, or bag where the drugs were found.
• Save the property receipt and bond paperwork. The dates on them help track the Rule 3.134 deadlines.

If detectives contact you before any arrest, the same rules apply. Our pre-file advocacy page explains how our firm handles investigations before charges.

What results has our firm gotten in Tampa drug cases?

Our attorneys have won drug cases at every stage: before charges were filed, through motions to suppress and diversion, and in front of juries. The results below are drawn from our firm’s published case results and include trafficking dismissals, not guilty verdicts, and reductions that kept clients out of prison.

Past results do not guarantee future outcomes. Each result depended on its own facts. You can read the full story behind each one on our case results page.

Frequently asked questions

How long does the State have to file drug charges in Florida?

The State must file formal charges within 30 days if you are in jail and within 60 days if you are out on bond, under Florida Rule of Criminal Procedure 3.134. The Brancato Law Firm tracks those dates from the day of arrest and moves for release the day a deadline passes. Missing the deadline leads to release, and the State can still file later. Our representation before charges are filed page explains that work.

Can a drug lab backlog delay my release from jail in Florida?

Yes, sometimes, because a lab backlog can count as good cause to hold a defendant until day 40. At every Rule 3.134 hearing, our attorneys at The Brancato Law Firm press the State for the date it actually submitted the drugs to the lab. In Roberson v. Reyes, 390 So. 3d 669 (Fla. 3d DCA 2023), a Miami-Dade case involving suspected MDMA and oxycodone, the court said a lab backlog “may constitute good cause” but warned that a generic claim of lab delay may not be enough when the State waited almost two weeks to submit the drugs.

Can I be convicted in Florida if only a field test was done?

A field test alone is weak proof of what a substance is, and Florida appellate courts have reversed convictions that depended on one. When the State’s case rests on a field test, The Brancato Law Firm raises it with the prosecutor before filing and, if needed, at trial. In Smith v. State, the Second District held that a field test alone did not prove the contents of baggies the officer combined before weighing. Our drug crimes defense page explains how we defend these cases.

What can cause a false positive on a police drug field test?

Legal substances can trigger the same color change as an illegal drug, and in Florida, reported false positives include doughnut glaze, vitamins, and penicillin for chickens. The Brancato Law Firm treats any arrest based on a field test as unconfirmed until the crime lab reports, and we raise that gap with the prosecutor before charges are filed. Our pre-file defense page explains how we use that window.

Does the lab analyst have to testify at my Florida drug trial?

Often yes, because under Smith v. Arizona a substitute expert cannot simply relay an absent analyst’s testimonial statements to support his own opinion. Our trial attorneys at The Brancato Law Firm check early whether the analyst who did the testing is still available, since the answer can change how the State proves its case.

Do I have to plead guilty to enter drug court in Hillsborough County?

No, not for the pretrial program, which under the 13th Judicial Circuit’s Administrative Order S-2026-002 requires no plea and ends in dismissal on successful completion. The Brancato Law Firm evaluates whether a client qualifies under section 948.08(6) and argues for admission when the State resists.

Can drug charges be dropped in Florida if the drugs were not mine?

Yes, because the State must prove you knowingly possessed the drugs, and drugs found in a shared space raise constructive possession questions the State often cannot answer. Our attorneys at The Brancato Law Firm present those facts to the prosecutor before filing, when a no information is still on the table, and at trial our firm won a not guilty verdict for a client accused of trafficking 200 to 400 grams of cocaine by showing he was merely present. Florida also treats lack of knowledge of a substance’s illicit nature as an affirmative defense under section 893.101.

For more about our defense strategies, visit our Drug Crimes page.

Florida’s court rules give the State 30 days to charge a jailed defendant and 60 days to charge one on bond, and the lab result that drives that decision can arrive sooner. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the arrest report and the evidence and contact the prosecutor before charges are filed. 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.

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.

In a mental health diversion request, the prosecutor wants two things answered before saying yes: is there a real diagnosis, and is there a treatment plan that will keep the community safe. I have answered those questions for clients for more than 25 years in Hillsborough County courtrooms, including as a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys and saw how many cases began with an untreated illness. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Our attorneys build the evaluation, the treatment plan, and the written request that diversion requires.

What Is the Tristin Murphy Act?

The Tristin Murphy Act is a 2025 Florida law that creates model pretrial diversion programs for people with mental illness charged with misdemeanors or lower-level felonies. Governor DeSantis signed SB 168 in Tampa on June 25, 2025, and it became chapter 2025-180, Laws of Florida, effective October 1, 2025. The law is named for Tristin Murphy, a 37-year-old father diagnosed with schizophrenia who was serving a prison term for littering more than 500 pounds after driving his truck into a retention pond. He died by suicide on September 16, 2021, while on a work assignment at a state prison, according to the Florida Senate staff analysis of SB 168.

Who Qualifies for Felony Mental Health Diversion in Florida?

A defendant charged with a second- or third-degree felony may qualify for diversion under section 916.136, Florida Statutes, if he or she meets four criteria:

1. Has a mental illness.
2. Has no more than three prior felony convictions in the past five years.
3. Is not charged with a violent felony.
4. Does not have a significant history of violence.

Meeting the criteria does not guarantee entry. The statute gives the state attorney “the sole discretion to determine a defendant’s eligibility,” and it also lets the state attorney waive the criteria “in extenuating circumstances” when doing so “is in the interest of justice.” First-degree felonies are not covered. To participate, the defendant signs a consent form agreeing to treatment, to release of the records needed to prove compliance, and to waive the right to a speedy trial.

Florida courts treat a prosecutor’s diversion decision as off-limits to judges. In Cleveland v. State, 417 So. 2d 653 (Fla. 1982), a woman charged with felony welfare fraud met every statutory requirement for pretrial intervention, but the state attorney refused to consent; the trial judge ordered her admitted anyway. The Florida Supreme Court held that “the pretrial diversion decision of the state attorney is prosecutorial in nature and, thus, is not subject to judicial review.” Under section 916.136, that means the persuasion has to happen with the prosecutor, which is why our attorneys present the evaluation and treatment plan before the State makes its decision.

How Does Misdemeanor Mental Health Diversion Work?

Under section 916.135, a person charged only with a misdemeanor or ordinance violation can be screened for mental illness within 24 hours of booking and then evaluated and assessed for treatment. The state attorney, the defense attorney, or the court may request screening “at any stage of the criminal proceedings.” If the person completes all treatment recommendations, “the state attorney must consider dismissal of the charges,” and if dismissal is not appropriate, may refer the case to mental health court. When a defendant falls short on treatment, the court may “exhaust therapeutic interventions” before considering a return to jail.

Both new sections describe a model process. Each community may adapt it to local resources, and the law encourages counties to apply for state reinvestment grants to fund programs. Whether a program operates in a given county, and how it runs, depends on the local state attorney, public defender, sheriff, court, and treatment providers.

Is Mental Health Court a Better Option Than the New Diversion Law?

Sometimes, because Florida’s older mental health court statute does not leave admission solely to the prosecutor. Under section 948.08(8), a defendant identified as having a mental illness and charged with a nonviolent felony is eligible for a pretrial mental health court program “upon motion of either party or the court’s own motion.” The State and the officer must consent only for resisting an officer with violence or battery on a law enforcement officer, and the State and the victim for aggravated assault. At the end of the program, “the court shall dismiss the charges upon a finding that the defendant has successfully completed” it.

The 13th Judicial Circuit lists an Adult Mental Health Treatment Court among its problem-solving courts in Hillsborough County. In our experience, the best route depends on the charge, the record, and the diagnosis, and our attorneys often present both options so the case lands in the program most likely to end in a dismissal. Our Tampa criminal mental health lawyer page explains how we handle these cases.

How Common Is Mental Illness Among People in Prison?

Common enough that diversion affects a large share of criminal cases. About 43 percent of state prisoners reported a history of a mental health problem in the 2016 Survey of Prison Inmates, according to a 2021 report by the U.S. Bureau of Justice Statistics, and about 14 percent reported serious psychological distress in the 30 days before the interview. In Florida, the Department of Corrections estimates that nearly 60 percent of incarcerated people have a substance use disorder and only about one-third of them receive services, as reported in the 2025 Senate staff analysis of SB 168.

Research supports treatment-based courts. A study published in the American Journal of Psychiatry, Effectiveness of a Mental Health Court in Reducing Criminal Recidivism and Violence (McNiel and Binder, 2007), compared 170 people who entered a San Francisco mental health court with 8,067 other adults with mental disorders booked into the county jail. Participation was associated with a longer time without any new criminal charges or new charges for violent crimes, and graduates kept those reductions after court supervision ended.

What Is the Forensic Hospital Diversion Pilot in Hillsborough County?

It is a community treatment alternative to a state forensic hospital, and the Tristin Murphy Act added Hillsborough County to it. Under section 916.185, the Department of Children and Families may run the pilot in Hillsborough County with the 13th Judicial Circuit, alongside Okaloosa, Duval, Broward, and Miami-Dade Counties, “if existing resources are available to do so on a recurring basis.” It is limited to adults charged with second- or third-degree felonies who have no significant history of violent offenses, who have been adjudicated incompetent to proceed or not guilty by reason of insanity, and who would otherwise be committed to a state facility.

The pilot is modeled on the Miami-Dade Forensic Alternative Center. The Eleventh Judicial Circuit reports that its participants are ready for discharge from forensic commitment an average of 52 days sooner, spend an average of 31 fewer days under commitment, and cost about 32 percent less than people served in state forensic facilities, according to the Senate staff analysis, which projected a Hillsborough pilot cost of about $1.5 million per year. For how competency is decided in the first place, see our post on competency to proceed.

How Do You Get Into Mental Health Diversion in Florida?

You get in by documenting the illness, building a treatment plan, and asking early. These are the steps our attorneys take:

1. Get a qualified evaluation. A psychiatrist or psychologist confirms the diagnosis and links it to the conduct charged. Jail screening under the new law is a start, but a full evaluation carries more weight.
2. Collect the treatment history. Prior hospitalizations, Baker Act records, prescriptions, and provider letters show the illness predates the arrest.
3. Line up a provider. A local treatment center ready to assess and treat the client answers the prosecutor’s safety question.
4. Choose the program. We compare section 916.136 diversion, mental health court under section 948.08(8), and ordinary pretrial intervention for the specific charge and record.
5. Make the written request. We present the evaluation and plan to the State Attorney’s Office, or file the motion for mental health court, before plea negotiations harden.
6. Track compliance. Completion records are what turn treatment into a dismissal.

When diversion is refused, the same work still matters. A documented mental illness can support a downward departure at sentencing, and our mitigation report and autism downward departure posts explain how. For how felony cases move through the courthouse, see our Hillsborough County criminal defense attorney page.

Frequently Asked Questions About Florida Mental Health Diversion

Does the Tristin Murphy Act apply to violent felonies?

No, felony diversion under section 916.136 excludes anyone charged with a violent felony or with a significant history of violence, though the state attorney may waive the criteria in extenuating circumstances. The Brancato Law Firm looks at whether mental health court under section 948.08(8), which allows some listed charges with consent, is a better fit.

Can a judge order me into mental health diversion if the prosecutor says no?

Not under section 916.136, because the state attorney has sole discretion and Cleveland v. State holds that diversion decisions are not subject to judicial review. Our attorneys at The Brancato Law Firm can ask the court for pretrial mental health court under section 948.08(8), which allows admission on motion of either party.

Will my charges be dismissed if I finish the program?

Under the Tristin Murphy Act, the state attorney must consider dismissal, but dismissal is not automatic. The Brancato Law Firm documents every completed treatment step so the request for dismissal is hard to refuse; see our criminal mental health defense page.

Do I give up my right to a speedy trial in mental health diversion?

Yes, the consent form under both new sections includes an agreement to waive the right to a speedy trial. Our attorneys at The Brancato Law Firm explain that trade-off before a client signs, because the case can return to the trial docket if the program is revoked.

Does autism or an intellectual disability qualify for felony diversion under the new law?

Section 916.136 uses the term “mental illness,” and the statute does not define autism or intellectual disability as covered. The Brancato Law Firm raises those conditions through other routes, including a downward departure and competency proceedings; see our autism downward departure guide.

Can a family member ask for mental health diversion for a loved one in jail?

A family member cannot file the request, but the state attorney, the defense attorney, or the court can request screening at any stage of a misdemeanor case under section 916.135. The Brancato Law Firm works with families to gather the treatment records that support a diversion request.

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 a Tampa Defense Attorney About Mental Health Diversion

Start before the first plea offer, because diversion is easiest to win before the State settles on a plan. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review the charge, the record, and the diagnosis to find the program that fits. 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 Tampa Criminal Mental Health Lawyer 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 officers found marijuana in your car, your bag, or your apartment, the charge on your paperwork turns on details most people never think about: the weight, whether it was flower or concentrate, and whether a lab ever proved it was marijuana and not hemp. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend marijuana and THC cases across Hillsborough, Pinellas, and Pasco Counties, and in many of them the most useful work happens before the State Attorney’s Office decides what to file.

How Much Weed Is a Felony in Florida?

More than 20 grams of cannabis flower is a felony. Under section 893.13(6)(b), Florida Statutes, “If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree.” Anything above that falls under section 893.13(6)(a), which makes unauthorized possession of a controlled substance a third-degree felony. Twenty grams is about seven-tenths of an ounce, so the exact lab weight matters.

The charge climbs in steps, from a misdemeanor for a small amount of flower to trafficking above 25 pounds.

Maximum terms come from section 775.082 and section 775.083, Florida Statutes. Our Tampa drug crimes attorney team first checks whether the State charged the right step.

Is THC Illegal in Florida?

THC from marijuana is illegal without a medical marijuana card, while THC within the legal hemp limit is not. Cannabis is a Schedule I substance under section 893.03(1)(c), Florida Statutes, which also lists tetrahydrocannabinols separately. Section 893.02(3) defines cannabis to include “the resin extracted from any part of the plant,” but excludes marijuana dispensed in conformance with the medical marijuana law and “hemp as defined in s. 581.217.”

That is why “possession of tetrahydrocannabinols” or “possession of THC” is such a common charge description. It is the charge prosecutors use for vape cartridges, oils, edibles, and concentrates, and it is usually filed as a third-degree felony under section 893.13(6)(a).

Why Is a THC Vape or Concentrate Usually Charged as a Felony?

Because the 20-gram misdemeanor does not cover resin. Section 893.13(6)(b) states that for the misdemeanor, “the term ‘cannabis’ does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.” Wax, shatter, hash, and resin oils are therefore felonies at any weight.

The State still has to prove where the THC came from. In State v. Stevenson, 307 So. 3d 784 (Fla. 4th DCA 2020), a Broward County man was charged with a felony for three THC vape cartridges with a total gross weight of 14.04 grams. The State’s chemist could not say whether the THC was resin-derived or synthetic. The Fourth District held he “could be charged with a felony only if the State could make a prima facie showing that the source of the THC substance possessed by the defendant was either artificially produced, cannabis resin, or ‘any compound manufacture, salt, derivative, mixture, or preparation of such resin,'” and affirmed dismissal of the felony with leave to refile it as a misdemeanor. Our attorneys at The Brancato Law Firm raise Stevenson in vape and edible cases where the lab report is silent about the source.

Can the State Prove It Was Marijuana and Not Hemp?

Only with chemical testing. Under section 581.217, Florida Statutes, hemp is cannabis with “a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis,” and hemp-derived cannabinoids “are not controlled substances or adulterants” when they comply with the section.

The Second District applied that rule to a Hillsborough County case in Campbell v. State, 407 So. 3d 558 (Fla. 2d DCA 2025). Detectives at Tampa International Airport seized two duffle bags holding 50 vacuum-sealed bundles, and the FDLE analyst tested one 24.47-gram sample. The court held that “Legal hemp and illegal cannabis are indistinguishable by appearance, texture, and odor, such that chemical testing to determine the THC content is now needed to avoid misidentification.” When the State counts several packages toward a trafficking weight, it “must chemically test each packet.” The court reversed the trafficking conviction and ordered entry of felony possession instead.

An officer’s description of “green leafy material” is not proof of THC concentration. Our attorneys at The Brancato Law Firm demand the lab report and check exactly which items were tested.

Can Police Search Your Car Because They Smell Marijuana?

Not on odor alone in Hillsborough, Pinellas, or Pasco County. In Williams v. State, 421 So. 3d 809 (Fla. 2d DCA 2025) (en banc), a Hillsborough County passenger was searched after officers stopped the car for an obstructed tag and a rolling stop and smelled cannabis. The full Second District held that “the plain smell doctrine can no longer establish probable cause based solely on the odor of cannabis,” though odor remains a factor in the totality of the circumstances. It receded from its own 2021 precedent to the extent that precedent held smell alone was enough.

Williams himself lost on the good-faith exception, because the officers had relied on the earlier precedent, and the court certified this question to the Florida Supreme Court: “DOES THE PLAIN SMELL DOCTRINE CONTINUE TO APPLY TO ESTABLISH PROBABLE CAUSE BASED ONLY ON THE ODOR OF CANNABIS?” The Fifth District reached a similar result first in Baxter v. State, 389 So. 3d 803 (Fla. 5th DCA 2024) (en banc), holding that “Unless and until the State demonstrates that illegal cannabis has an odor that is distinct from legal cannabis,” the justification for an odor-only detention “no longer exists.” The Sixth District, which covers Polk and southwest Florida, noted the debate in 2026 but did not decide it.

The issue comes up twice: in a motion to suppress before trial, and in the Campbell testing question at trial. Our post on the Second DCA limits on the plain smell doctrine covers the search issue in more depth.

Does a Medical Marijuana Card Protect You From a Possession Charge?

Only when you follow the rules. Under section 381.986, Florida Statutes, a qualified patient “may not possess more than a 70-day supply of marijuana, or the greater of 4 ounces of marijuana in a form for smoking” or an amount the department approves, and “all marijuana purchased must remain in its original packaging.”

The protection also ends outside “medical use.” A patient who buys from anyone other than a licensed medical marijuana treatment center “violates s. 893.13” under section 381.986(12)(d), and using marijuana other than low-THC cannabis in a vehicle or in public is a separate offense under section 381.986(12)(c). Carrying dispensary product in the car is allowed; using it there is not.

Our attorneys at The Brancato Law Firm bring the patient’s certification, receipts, and packaging to the prosecutor early. Patients also face a federal firearm question, covered in our post on whether you can own a gun if you use marijuana in Florida, and the card is no defense to impaired driving, as our guide to marijuana DUI in Florida explains.

What If the Marijuana Was Not in Your Pocket?

Then the State has to prove constructive possession. Section 893.13(6)(a) reaches “actual or constructive possession,” which is how passengers, roommates, and drivers of borrowed cars end up charged. Our post on constructive possession in Florida explains how courts decide whether the State has tied the item to you, and our attorneys look closely at who else had access.

When Does Possession Become Intent to Sell or Trafficking?

Intent to sell is a third-degree felony at any weight. Under section 893.13(1)(a), a person “may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” and cannabis is in the third-degree group. Giving away 20 grams or less with no payment is a first-degree misdemeanor under section 893.13(3).

Trafficking starts above 25 pounds. Under section 893.135(1)(a), Florida Statutes, possession of “in excess of 25 pounds of cannabis, or 300 or more cannabis plants” is a first-degree felony with mandatory minimums.

A plant counts only if it has “some readily observable evidence of root formation, such as root hairs.” After Campbell, the State must also test each package it counts, so our attorneys attack the trafficking weight first.

Did Florida Legalize Recreational Marijuana?

No. Amendment 3, the 2024 adult personal use measure, received 5,950,589 yes votes, or 55.9%, according to the Florida Division of Elections official results. Constitutional amendments in Florida need 60%, so it failed. Hillsborough County voters approved it 382,243 to 277,062, but the statewide total controls.

A follow-up measure will not reach the 2026 ballot. After the Secretary of State directed county election officials to strike about 70,600 petition signatures, the First District upheld that direction and the Florida Supreme Court declined review in March 2026, Insurance Journal reported. Possession without a medical card is still a crime in 2026.

What Changes for Hemp on November 12, 2026?

The federal definition of hemp narrows on November 12, 2026. According to the Congressional Research Service report Change to Federal Definition of Hemp and Implications for Federal Enforcement (December 3, 2025), Public Law 119-37 moves the federal limit to a total THC concentration, excludes final hemp-derived cannabinoid products with “more than 0.4 milligrams of THC per container,” and excludes cannabinoids synthesized or manufactured outside the plant. “The new definition will take effect November 12, 2026.”

Florida’s hemp statute was last amended in 2023 and does not adopt the federal text, so state charges still turn on section 581.217 and its 0.3% delta-9 limit. Our attorneys at The Brancato Law Firm treat a hemp product’s label and certificate of analysis as evidence from the first day.

How Many Drug Arrests Happen in Hillsborough County?

More than ten thousand a year. In 2025, Hillsborough County recorded 10,502 drug arrests, a rate of 666.5 per 100,000 residents, according to FDLE arrest data published by Florida Health CHARTS. That is up from 8,124 in 2024 and 6,914 in 2016, a 52% increase over nine years, while Florida’s statewide total fell from 103,461 in 2016 to 89,562 in 2025.

Pinellas County recorded 5,269 drug arrests and Pasco County 1,817 in 2025. These figures count arrests for all drug categories, since CHARTS does not separate marijuana, and they are arrests, not convictions.

How Do Our Attorneys Fight a Marijuana or THC Charge?

One element at a time:

1. Challenge the search. If the stop or search rested on odor, we file a motion to suppress under Williams and Baxter.
2. Demand lab proof. Under Campbell, the State needs chemical testing of THC content to tell marijuana from hemp, and it must test each package it counts toward a trafficking weight.
3. Test the felony label. For vapes, edibles, and oils, we hold the State to Stevenson’s requirement that it prove a resin or synthetic source.
4. Check the weight. A few grams decide whether the case is a misdemeanor or a felony.
5. Contest possession. In shared cars and homes, we press the State to prove knowledge and control.
6. Show medical compliance. A card, a receipt, and original packaging can end a case.
7. Push for diversion or a no-file decision. Completing a program, or persuading the prosecutor not to file, ends the case without a conviction.

What Diversion Programs Are Available for Marijuana Charges in Hillsborough County?

Several, run through the State Attorney’s Office for the 13th Judicial Circuit, which lists them on its programs page. Its Drug Education and Treatment Reducing Recidivism program (DETRR) “is limited to drug possession cases for low-risk, non-violent offenders,” and a participant who completes the assigned treatment or education and stays arrest-free for six months has the possession charge dismissed.

The office also lists the Adult Pre-Arrest Diversion Program, established in Hillsborough County in July 2017 for people with minimal or no record who commit an eligible misdemeanor, under which no charges are filed if the program is completed; a Misdemeanor Intervention Program for first-time offenders; and Pretrial Intervention for “certain first-time felony offenders.” Our Hillsborough County criminal defense attorney team negotiates entry into these programs, and our representation before charges are filed can put the lab issues and the client’s record in front of the prosecutor before a charging decision.

What Should You Do After a Marijuana Arrest in Tampa?

Act before the first court date. A person arrested in Hillsborough County sees a judge at first appearance within 24 hours and is held at the Orient Road Jail until release, and the State Attorney’s Office then decides what to file. Four steps protect the case:

• Do not explain. Statements about whose bag it was are the State’s best evidence of possession.
• Do not consent to searches. Say so plainly to preserve the suppression issue.
• Keep your records. Save your medical card, receipts, hemp labels, and certificates of analysis.
• Call a lawyer early. Diversion and pre-file options are easiest to reach before the charging decision.

Frequently Asked Questions About Marijuana Possession in Florida

What happens for a first-time marijuana possession offense in Florida?

For 20 grams or less, a first offense is a first-degree misdemeanor punishable by up to a year in jail and a $1,000 fine, and in Hillsborough County many first-time cases qualify for diversion. The Brancato Law Firm checks eligibility for DETRR, pre-arrest diversion, and the Misdemeanor Intervention Program before anything else; see our drug crimes defense page.

Can marijuana possession charges be dropped in Florida?

Yes, through suppression, failed lab proof, or completion of a diversion program such as DETRR. The Brancato Law Firm often contacts the prosecutor before the filing decision through our pre-file advocacy work.

Is a THC vape cartridge a felony in Florida?

It is usually charged as one, because resin-derived THC is excluded from the 20-gram misdemeanor. Under State v. Stevenson, the State must show the THC came from resin or was synthetic, and our attorneys at The Brancato Law Firm hold the lab to that showing in every vape case.

Can police search my car in Florida if they smell weed?

Not on odor alone in Hillsborough, Pinellas, or Pasco County after Williams v. State, though odor can still count with other facts. The Brancato Law Firm reviews the body camera video to see what else the officers claimed, as our plain smell doctrine post explains.

Can I be charged with possession if I have a medical marijuana card?

Yes, if the marijuana did not come from a licensed treatment center, was out of its original packaging, or exceeded the supply limit. Our attorneys at The Brancato Law Firm gather the certification and receipts that show compliance and present them to the prosecutor.

Is hemp flower or delta-8 legal to carry in Florida in 2026?

Under Florida law, hemp within section 581.217’s 0.3% delta-9 THC limit is legal, though the federal definition narrows on November 12, 2026. The Brancato Law Firm treats the product’s label and certificate of analysis as defense evidence, and the Congressional Research Service report explains the federal change.

Talk to a Tampa Marijuana Defense Attorney

The best time to call is before the lab report comes back and the State makes its filing decision. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review the search, demand the lab testing, and press for diversion or dismissal. Call (813) 727-7159 for a free, confidential consultation; you can reach 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 criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Tampa Drug Crimes 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.

Escort stings in Tampa are built on text messages and recordings, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms learning how much those records decide. Our attorneys start every sting case by getting the complete chat log and every recording, because an arrest report summarizes the conversation in the way that best fits the State’s theory.

How do escort and prostitution stings work in Tampa?

A Tampa escort sting puts an undercover detective on one side of a paid-sex conversation and arrests the person on the other side once the conversation reaches an offer, an agreement, or a meeting. In Hillsborough County, these operations are run mainly by HCSO’s Human Trafficking Section and the Tampa Police Department, and they take four common forms.

Street operations in Tampa have long centered on the Nebraska Avenue corridor, where Tampa Police and HCSO run reverse stings with officers posing as sex workers, as our firm explains in its guide Is Prostitution Legal in Florida? Online operations follow the same logic on a phone screen, and they fall within the work of our Tampa internet crimes attorney team as well as our sex crimes practice.

These operations are frequent and large. HCSO’s “Operation Relentless Summer,” which ran from June 8 to August 5, 2026 and included undercover online chat and hotel and motel operations, produced 116 arrests, according to an HCSO news release from August 2026. An earlier HCSO operation, from January 1 to February 6, 2026, produced 89 arrests and 1,217 felony charges, HCSO reported in March 2026. HCSO also reported in 2026 that its Human Trafficking Section has made 1,343 arrests since it was created in 2021.

Those totals mix adult solicitation cases with child-sting felonies, because HCSO describes the January operation as targeting people seeking “to sexually exploit children and purchase sex.” That overlap is why the first question our attorneys ask in any sting case is whether a minor was ever mentioned.

Reverse stings aimed at buyers are part of a national demand-reduction strategy. A National Institute of Justice summary of a national study by Abt Associates researchers Michael Shively, Kristina Kliorys, Kristin Wheeler, and Dana Hunt lists street-level, brothel-based, and web-based reverse stings, seizing cars used to buy sex, “john schools,” and “john shaming” among the tactics U.S. communities use to reduce demand. Florida’s solicitation statute contains versions of several of them: vehicle impoundment, an educational program, and a civil penalty that funds safe houses.

Do police run stings on Listcrawler and other escort sites?

Yes. Police in the Tampa area post decoy ads and answer real ads on the same escort listing sites and apps the public uses, including sites such as Listcrawler, so the person behind an ad may be a detective. Nothing in the public record shows that Listcrawler itself is operated by police, and a detective does not need to run a website to run a sting on it.

Looking at escort ads is not a crime in Florida. Section 796.07 makes it a crime to offer to commit prostitution, to solicit or procure another person for prostitution, or to purchase the services of a person engaged in prostitution, so the legal line is crossed in the messages, at the point where money is tied to sexual activity. If you are facing escort allegations after a sting, the State still has to prove that offer or agreement beyond a reasonable doubt, and The Brancato Law Firm reads every message to find out whether it can.

What charges follow a Tampa escort sting arrest?

Most buyers arrested in a Tampa escort sting are charged with soliciting prostitution under section 796.07(2)(f), Florida Statutes, which makes it unlawful “to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Some are charged instead with offering to commit prostitution under section 796.07(2)(e) or with purchasing the services of a person engaged in prostitution under section 796.07(2)(i). Florida defines prostitution as “the giving or receiving of the body for sexual activity for hire,” so the State must connect payment to sexual activity. Our Tampa sex crimes attorney page explains how our firm defends the full range of these charges.

Solicitation carries a steeper penalty ladder than the other prostitution offenses. The maximum jail terms and fines for each level come from section 775.082 and section 775.083.

The statute has no look-back period, so an old prior conviction can move a new case up a level. A second solicitation charge is already a felony, which changes the scoresheet, the bond, and the long-term record; our guide Felony vs. Misdemeanor in Florida explains how the levels compare.

What extra penalties come with a solicitation conviction in Florida?

A solicitation conviction in Florida brings mandatory add-ons beyond jail and fines, plus a vehicle penalty the judge may choose to impose. Section 796.07 and section 796.08 set them out:

• $5,000 civil penalty. Under section 796.07(6), a solicitation charge that ends in “any judicial disposition other than acquittal or dismissal” carries a $5,000 civil penalty. The first $500 funds drug court programs, and the rest goes to the Department of Children and Families for safe houses and safe foster homes.
• 100 hours of community service. The court must order it for every solicitation conviction.
• An educational program. The person convicted must pay for and attend one if the judicial circuit has it. Since 2023, the statute has listed what the program covers, including the link between demand for commercial sex and human trafficking.
• A 10-day minimum jail term for a second or later solicitation conviction.
• Vehicle impoundment. If a vehicle was used, the judge may order it impounded or immobilized for up to 60 days after a conviction. The owner can have the order dismissed if, for example, the family has no other transportation or the car was stolen at the time.
• STD and HIV screening. Under section 796.08, a person convicted of prostitution or of procuring another to commit prostitution must undergo screening for sexually transmissible diseases, including HIV, and complete any needed treatment before release from probation or jail.

None of those penalties includes sex offender registration. An adult solicitation conviction under section 796.07 is not on the registration list in section 943.0435; the charges that do require registration are the child-sting felonies covered below. The Brancato Law Firm checks every proposed plea against that registration list before a client decides.

Will my name be made public after a Tampa prostitution sting?

Your arrest is a public record, but Florida no longer keeps a statewide list of people convicted of soliciting prostitution. Starting in 2019, section 796.07(5)(e) sent solicitation convictions involving payment, including those resolved with a withhold of adjudication, to a “Soliciting for Prostitution Public Database” kept by the Florida Department of Law Enforcement. That provision expired on January 1, 2024, and the 2023 version of section 796.07 is the last one that contains it.

Other exposure remains. HCSO news releases about large operations often name the people arrested, and booking photos can spread to commercial mugshot sites. Under section 901.43, a site whose business is publishing booking photos cannot charge to remove one and must take it down within 10 calendar days of a written request sent by registered mail. A dismissal or a withhold of adjudication may also allow the court record to be sealed or expunged under section 943.059 or section 943.0585, which generally require that the person was never adjudicated guilty of a crime. Our attorneys at The Brancato Law Firm shape plea negotiations around keeping that option open.

What happens if a minor was mentioned during the sting?

If a minor was mentioned in the conversation, the case usually becomes a felony sting with prison and registration exposure, even when no real child existed. Florida’s human trafficking statute, section 787.06(3)(g), makes trafficking for commercial sexual activity involving “an adult believed by the person to be a child younger than 18 years of age” a life felony. Using a phone or computer to solicit a child, or a person believed to be a child, is a third-degree felony under section 847.0135(3), and a second-degree felony if the accused misrepresented his or her age. Traveling to meet a believed minor after that kind of contact is a second-degree felony under section 847.0135(4). Each of those offenses requires sex offender registration.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, addressed this pattern in State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023). Officers created a profile of a 19-year-old woman on an adult companionship website, and the persona then told the man she was 14. The trial court dismissed the charges as entrapment, but the appellate court reversed, holding that a jury had to decide whether he was predisposed, even though he had no record of offenses against minors. For anyone arrested after an adult-site conversation, the age claim, when it was made, and every message after it will decide the case.

These felony stings have their own guides on our site: Tampa Bay online sex sting defense, solicitation of a child using a computer, traveling to meet a minor, and Tampa human trafficking defense. Our firm’s published results in these cases include the following.

Every case depends on its own facts, and past results do not guarantee future outcomes. More outcomes are listed on our case results page.

Is entrapment a defense to a prostitution sting in Florida?

Yes. Entrapment is a complete defense in Florida when police induced the crime and the accused was not already ready to commit it. Under section 777.201, an officer entraps a person by using “methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it,” and the accused must prove it by a preponderance of the evidence.

The Florida Supreme Court explained how the defense works in Munoz v. State, 629 So. 2d 90 (Fla. 1993), a case in which deputies used a 16-year-old informant with a false adult membership card to rent X-rated videos from a store owner. The court held that the statute adopted the subjective test, which asks first whether police induced the crime and then whether the accused was predisposed to commit it. Once the defense produces evidence of no predisposition, the State must prove predisposition beyond a reasonable doubt. The court found the store owner entrapped as a matter of law and held that police conduct egregious enough to violate due process under the Florida Constitution can also require dismissal. That second path is often called objective entrapment. The Brancato Law Firm files entrapment motions in Hillsborough County sting cases when the record supports them.

What did a Florida appeals court decide about entrapment in a 2026 prostitution sting?

A Florida appeals court held in February 2026 that an undercover officer who simply gives a driver the chance to buy sex has not, by that alone, induced the crime. In State v. Gadbois, No. 6D2024-1593 (Fla. 6th DCA Feb. 27, 2026), an undercover agent stood outside a hotel on South Orange Blossom Trail in Orange County, an area the State showed was known for prostitution. A driver pulled into the lot, the agent asked if he wanted to “party,” and according to the agent he agreed to her price but needed to get money first. He said he declined. Officers stopped him as he drove away, and he was charged with offering to commit prostitution under section 796.07(2)(e).

The trial court dismissed the charge after he swore that he never started the conversation or any criminal activity. The Sixth District Court of Appeal reversed, holding that “Inducement cannot be found by prompting or creating an opportunity,” and that because the officer’s account and the defendant’s account conflicted, a jury had to decide the question. The court did not decide whether he was predisposed or whether the State could prove the charge.

Gadbois is a recent Florida appellate decision on entrapment in a prostitution sting, and prosecutors in Hillsborough County can be expected to cite it. Its lesson is practical: an entrapment motion wins before trial only when the record of what was said is undisputed, which is why our attorneys fight first for the complete recordings and messages. Facts that can show inducement include a detective who pushed past a clear refusal or kept pressing for days. Facts that can show no predisposition include a clean record and no history of contacting escort ads. Our entrapment defense guide explains the test in more detail.

How do our attorneys fight a Tampa solicitation charge?

Our attorneys fight a Tampa solicitation charge by testing each element the State must prove, then using what that review shows to push for a dismissal, a diversion, or a trial. The work usually follows six steps.

1. Get the complete record. We demand every message, call recording, and body-camera file, plus the ad or profile the detective used, instead of relying on the excerpts in the arrest report.
2. Test the agreement. The State must tie payment to sexual activity. Vague words such as “party” or “hang out” are often weaker evidence than the report suggests, although code words do not protect a conversation that clearly ties money to sex.
3. Raise entrapment. When the detective induced the offense and the facts are undisputed, a sworn motion to dismiss can end the case before trial; when the facts are disputed, the defense goes to the jury.
4. Review the phone search and any statements. We look at how the phone was searched and whether statements were taken after proper Miranda warnings, and we file a motion to suppress when the law supports one.
5. Negotiate diversion or a reduction. We present the weaknesses to the prosecutor and press for a diversion program or a charge that avoids the solicitation penalties.
6. Protect the record. We aim for an outcome without an adjudication of guilt, which keeps sealing or expunction available.

Can a solicitation charge be dropped in Hillsborough County?

Yes. A solicitation charge can be dropped in Hillsborough County, most often through a diversion program or because the evidence will not hold up. The Hillsborough State Attorney’s Office lists a Misdemeanor Intervention Program for first-time offenders, which requires the State Attorney’s consent, and a Pretrial Intervention program for certain first-time felony offenders, supervised by the Department of Corrections. The office does not publish a list of which charges qualify, so our attorneys raise eligibility directly with the assigned prosecutor. For a third or later prostitution offense other than solicitation, section 796.07(4)(b) requires that the person be offered pretrial intervention or a substance abuse treatment program.

Charges can also be stopped before they are filed. After a sting arrest, the State Attorney’s Office decides what to file, and our pre-file advocacy puts the weaknesses in front of the prosecutor before that decision is made.

What other consequences follow a prostitution arrest in Tampa?

A prostitution arrest in Tampa can affect work, licenses, immigration status, and family life long after the criminal case ends. The most common problems are these:

• Background checks. An arrest and its outcome appear on criminal history checks unless the record is sealed or expunged.
• Professional licenses. Nurses, teachers, and other licensed professionals may have to report an arrest or a plea to their licensing board.
• Immigration. Prostitution-related offenses can carry immigration consequences, so a non-citizen should get advice before entering any plea. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Money and transportation. The $5,000 civil penalty, court costs, and a possible 60-day vehicle impoundment add up quickly.

What should you do in the first days after a Tampa escort sting arrest?

Stay silent about the facts, keep every record, and call a lawyer before the State Attorney’s Office makes its filing decision. In practice, that means:

• Do not discuss the case with detectives, with the person from the ad, or with anyone online. A follow-up message may come from the same detective.
• Do not delete messages, apps, call logs, or the ad. Deleting evidence after an arrest can create a new legal problem, and the full conversation is often what helps you.
• Write down what happened, in order, while it is fresh, and share it only with your lawyer.
• Keep the paperwork from the arrest or release, including any court date.
• Call a defense attorney before you speak with a prosecutor, an employer, or a licensing board about the case. You can call The Brancato Law Firm at any hour at (813) 727-7159.

Frequently asked questions about Tampa escort stings

Is it illegal to look at escort ads on Listcrawler in Florida?

No, browsing an escort ad is not a crime under Florida law; the offense begins when someone offers, solicits, or agrees to exchange money for sexual activity. The Brancato Law Firm reviews the messages in each case to find the exact point, if any, where the conversation crossed that line, and our guide on whether prostitution is legal in Florida explains the difference between escorting and prostitution.

Does money have to change hands for a solicitation charge in Florida?

No, section 796.07(2)(f) makes it a crime to solicit, induce, entice, or procure another person to commit prostitution, so an offer can be enough even if no money was paid. Our attorneys at The Brancato Law Firm focus on whether the words actually tied payment to sexual activity, and our online solicitation defense page explains how we challenge chat-based cases.

Do you have to register as a sex offender for solicitation of prostitution in Florida?

No, an adult solicitation conviction under section 796.07 does not require sex offender registration. The Brancato Law Firm handles a sting where a minor was mentioned very differently, because those charges do require registration, as our online sex sting guide explains.

Will my car be impounded after a Tampa prostitution sting?

It can be, but only after a solicitation conviction and only if a vehicle was used: section 796.07(5)(d) lets the judge order impoundment or immobilization for up to 60 days. The Brancato Law Firm can ask the court to dismiss an impoundment order when the owner’s family has no other transportation, the car was stolen, or another exception in the statute applies.

Can a first solicitation charge be dropped in Tampa?

Yes, a first solicitation charge in Tampa can be dropped through a diversion agreement, a successful entrapment motion, or a prosecutor’s decision that the messages do not prove an agreement. Our attorneys at The Brancato Law Firm raise diversion eligibility with the assigned prosecutor early, and our sex crimes defense team handles these cases across Hillsborough, Pinellas, and Pasco Counties.

What if a detective calls me after a sting but I was not arrested?

Politely decline to discuss the facts and call a lawyer, because the call may be an effort to build the case before charges are filed. The Brancato Law Firm can speak with the detective for you through our representation before charges are filed.

¿Qué debo hacer si me arrestaron en un operativo de prostitución en Tampa?

No hable del caso con la policía, no borre sus mensajes y llame a un abogado antes de que la Fiscalía decida qué cargos presentar. The Brancato Law Firm tiene personal que habla español, y el abogado Jean-Luc Adrien habla español, criollo haitiano y francés; lea más sobre nuestros servicios de defensa penal en español.

Talk to our attorneys before the State files charges

Our attorneys start by requesting the complete chat log, the recordings, and the detective’s ad or profile, then press the entrapment and agreement issues with the prosecutor while the filing decision is still open. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends escort and prostitution sting cases across Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free, confidential consultation. 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 about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer 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 you were arrested at a store, accused by an employer, or charged after a dispute over property, the charge on the paperwork is only the State’s opening number. The real case is about intent and value, and both can be challenged. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict. Our attorneys defend petit theft, retail theft, and grand theft charges across Hillsborough, Pinellas, and Pasco Counties.

This guide covers what the State must prove, the penalty thresholds, the 2024 changes, how value is proven and challenged, retail theft and civil demand letters, and the diversion programs available in Hillsborough County.

What does the State have to prove in a Florida theft case?

The State must prove that you knowingly obtained or used someone else’s property with intent to deprive the owner of it. Under section 812.014, Florida Statutes, “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Three elements are usually in play: that the property belonged to someone else, that you knew it, and that you intended to deprive the owner. A self-checkout mistake, a borrowed item, or a dispute between business partners can each defeat intent. Our attorneys at The Brancato Law Firm look for the innocent explanation first, because it is often the true one.

What are the penalties for theft in Florida?

The value of the property decides the degree. The table below reflects section 812.014 as it reads in 2026.

The maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. Certain property is grand theft at any value, including a firearm, a motor vehicle, a will, a stop sign, and any amount of a controlled substance. Our Hillsborough County criminal defense attorney team checks whether the State charged the right tier before anything else.

What changed in Florida theft law in 2024?

Florida’s 2024 theft law, chapter 2024-69, Laws of Florida, took effect October 1, 2024 and made three changes that still apply in 2026:

1. Theft from a home. Taking $40 or more from a dwelling or its unenclosed curtilage is now a third-degree felony. The old threshold was $100. Theft of less than $40 from a dwelling is a first-degree misdemeanor.
2. Porch theft. Theft from more than 20 dwellings is a second-degree felony.
3. Retail theft. The window for adding up retail thefts grew from 30 days to 120 days, and organizing a theft through social media with five or more people became a second-degree felony.

No later amendment has changed section 812.014. Our attorneys at The Brancato Law Firm check the date of the alleged theft, because a case from before October 1, 2024 is governed by the older thresholds.

How does the State prove the value of stolen property?

With evidence of fair market value at the time of the theft. Section 812.012(10), Florida Statutes defines value as “market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” If no minimum value can be proven, “the value is an amount less than $100.”

The leading case is Negron v. State, 306 So. 2d 104 (Fla. 1974), where the Florida Supreme Court held that value “must be established by the State beyond and to the exclusion of every reasonable doubt,” and that “testimony as to the cost of stolen property is insufficient in itself to establish the value.” The Court listed four factors: original market cost, how the property was used, its condition, and “the percentage of depreciation.”

The Second District applied Negron to a Hillsborough County case this year. In Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), the owner testified to purchase prices, dates, use, and condition, “But there was no testimony about the percentage of depreciation or fair market value of the items.” The court reduced the conviction to second-degree petit theft. In T.V.U. v. State, 403 So. 3d 389 (Fla. 2d DCA 2025), a Pinellas case, the court reversed a theft finding because the only evidence of the amount came from a computer printout that was never admitted into evidence. These are the details our attorneys at The Brancato Law Firm press in every grand theft case. Our post on how the State proves value in a Florida grand theft case goes deeper.

Is a good-faith belief that the property was yours a defense?

Yes. Florida courts recognize a claim of right. In Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004), the Fifth District quoted the rule that “In all cases where one in good faith takes another’s property under claim of title in himself, he is exempt from the charge of larceny, however puerile or mistaken the claim may in fact be…. Still, if the claim is dishonest, a mere pretense, it will not protect the taker.” The court found trial counsel ineffective for failing to properly request the instruction.

The claim must be honest, not reasonable. Disputes over a car bought for scrap, tools left at a job site, or money owed between partners often fit this defense. In one of our cases, a client accused of stealing a car he had bought for scrap was found not guilty after we showed the jury he purchased it legitimately.

What inferences can the State use in a theft case?

Two statutory inferences come up often. Under section 812.022, Florida Statutes, “proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.” A purchase or sale “at a price substantially below the fair market value, unless satisfactorily explained,” creates the same inference.

The words “unless satisfactorily explained” are the defense. A receipt, a seller’s name, a text message, or a believable account of how the item was acquired can answer the inference. When the State charges both theft and dealing in stolen property, section 812.025, Florida Statutes allows a guilty verdict on one or the other, “but not both.”

What is retail theft, and what is a civil demand letter?

Retail theft is shoplifting. Section 812.015, Florida Statutes covers taking merchandise, changing a price tag, switching containers, or removing a cart “with intent to deprive the merchant of possession, use, benefit, or full retail value.” A merchant with probable cause may detain a suspect “in a reasonable manner for a reasonable length of time” and must call police. Resisting a merchant’s effort to recover property is a separate first-degree misdemeanor. Retail thefts totaling $750 or more within 120 days can be charged together as a third-degree felony.

The civil demand letter is separate from the criminal case. Under section 772.11, Florida Statutes, a store may demand $200 or three times its actual damages before filing a civil suit, and a person who pays within 30 days receives a written release from further civil liability for that act. Paying the demand does not resolve the criminal charge, and the statute does not require a criminal conviction. Talk to a lawyer before responding.

One persistent myth is worth correcting. Since October 1, 2019, Florida law no longer allows a court to suspend an adult’s driver license for a petit theft conviction. Section 812.0155, Florida Statutes now applies only to people under 18, as an alternative sentence. The one exception for adults is theft of gasoline by driving off without paying, which still carries a mandatory license suspension under section 812.014(5).

How common are theft arrests in Hillsborough County?

Less common than they were a decade ago. FDLE arrest data published by Florida Health CHARTS show 3,395 larceny arrests in Hillsborough County in 2025, down from 6,358 in 2016, a 47% drop. Statewide, Florida recorded 48,932 larceny arrests in 2025. These counts include only physical arrests, so many petit theft cases handled by a notice to appear are not in them.

Retailers report a different trend. The National Retail Federation, an industry group, reported in The Impact of Retail Theft & Violence 2024 that average shoplifting incidents among surveyed retailers rose 93% from 2019 to 2023. The Council on Criminal Justice reported in its Crime Trends in U.S. Cities: Year-End 2025 Update that reported shoplifting was 10% lower in 2025 than in 2024 across the cities it tracks.

Can theft charges be dropped or reduced in Florida?

Yes. The most common paths are a value challenge that moves the case below a felony threshold, an intent defense, a suppression issue, pre-file advocacy before charges are filed, and diversion for first-time offenders. The Hillsborough State Attorney’s Office lists an Adult Pre-Arrest Diversion Program (APAD) for “an eligible misdemeanor offense” and a Misdemeanor Intervention Program (MIP) for first-time offenders on its programs page. The office does not publish a list of eligible charges, but in our experience first-time petit theft cases are often considered.

Research supports diversion for low-level cases. A study in the Quarterly Journal of Economics by Agan, Doleac, and Harvey, Misdemeanor Prosecution (2023), found that not prosecuting a marginal nonviolent misdemeanor defendant reduced the likelihood of a new criminal complaint within two years by 53%, with the largest effects for people with no prior record.

Some theft cases are also charged too high. A struggle with a loss prevention officer can be charged as robbery under section 812.13, which requires force during the taking. When the force happened only during the merchant’s effort to recover the goods, the robbery charge may not hold.

Real results in theft cases

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do after a theft or shoplifting arrest?

Take four steps:

1. Do not make statements. Loss prevention officers and police often ask about other incidents; say you want a lawyer.
2. Do not sign anything at the store, including admissions or payment agreements.
3. Preserve your evidence. Receipts, bank records, texts, and your own photos can prove ownership or purchase.
4. Call a lawyer before the first court date. Diversion and pre-file options close quickly, and surveillance video is often overwritten.

For related charges, see our guides on robbery in Florida, burglary in Florida, and dealing in stolen property.

Frequently asked questions about theft charges in Florida

Can theft charges be dropped in Florida?

Yes. Theft charges can be dropped when the State cannot prove intent or value, when evidence is suppressed, or after completion of a diversion program. The Brancato Law Firm contacts the prosecutor early, often before the case is formally filed, with the receipts, video, or witness statements that change the picture.

Is shoplifting a felony in Florida?

Usually not. A single shoplifting incident under $750 is a misdemeanor, but it becomes a felony when the value is $750 or more, when thefts within 120 days are added together, or when the person has two or more prior theft convictions. Our attorneys at The Brancato Law Firm check every prior and every aggregation the State relies on, as explained on our Hillsborough County criminal defense page.

Do I have to pay a civil demand letter after shoplifting in Florida?

You are not required to pay it to resolve the criminal case, and paying does not make the charge go away. Section 772.11 lets the store demand $200 or triple damages before suing, and The Brancato Law Firm reviews the letter with you before you respond.

Will a petit theft suspend my driver license in Florida?

Not for an adult, except for a gas drive-off. Since October 1, 2019, section 812.0155 allows a license suspension for theft only for people under 18, and our attorneys at The Brancato Law Firm explain how the rule applies to your record.

Can a first-time petit theft charge be resolved without a conviction?

Often, yes. Hillsborough County’s diversion programs, including APAD and the Misdemeanor Intervention Program, can end in no charges or a dismissal with State Attorney approval. The Brancato Law Firm negotiates entry and makes sure the dismissal happens, and you can learn about representation before charges are filed.

What if I forgot to scan an item at self-checkout?

Then the State may not be able to prove intent, which theft requires. Our attorneys at The Brancato Law Firm gather the receipt, the transaction record, and the store video to show what really happened.

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

Talk to our Tampa theft defense attorneys today

Surveillance video and diversion deadlines do not wait for your court date. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will challenge the value, test the intent evidence, and push for diversion or dismissal from the first week. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

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.

If you were just arrested, or charged and given a court date, the first question is usually whether this can go away. Often it can, and the work that makes it happen starts long before trial. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys work every case for an early dismissal when the facts allow it, in Hillsborough, Pinellas, and Pasco Counties.

This guide explains who can drop a case, the difference between dropped and dismissed, how the 2026 rule change affects motions to dismiss, the Hillsborough diversion programs, and how often Florida cases actually end this way.

Who decides whether charges are dropped in Florida?

The State Attorney does. In State v. Bloom, 497 So. 2d 2 (Fla. 1986), the Florida Supreme Court held that “the decision to charge and prosecute is an executive responsibility, and the state attorney has complete discretion in deciding whether and how to prosecute.” A judge cannot order a prosecutor to file or to drop a charge.

That means the alleged victim cannot drop charges either. The person who called the police can ask the prosecutor not to proceed, and that request often matters, but the decision belongs to the State. Our guide for alleged victims, Can a Victim Drop Domestic Violence Charges in Florida?, explains how that works in the most common setting. Our attorneys at The Brancato Law Firm aim our early work at the prosecutor who makes the filing decision.

What is the difference between dropped, nolle prossed, and dismissed?

The words describe who ended the case and when.

Florida’s court statistics use the term “No File” for a case where “All charges in a criminal matter are dropped because the prosecutor did not obtain an indictment, file an information, or pursue the initial complaint.” Our attorneys explain to every client which of these outcomes is realistic, because they affect sealing and expungement differently.

Can charges be dropped before they are filed?

Yes, and that is often the best time. After an arrest, the State Attorney reviews the case before filing a formal charge. Under Florida Rule of Criminal Procedure 3.134, the State must file within 30 days for a person in custody, or the person is released on the 33rd day (the 40th with good cause). For a person out on release, the deadline is 60 days, with release from bond conditions available after 63 days. Under Rule 3.133, a person charged with a felony who has not been formally charged within 21 days can request an adversary preliminary hearing.

During that window, our attorneys present the prosecutor with what the arrest report left out: video, witness statements, texts, injuries to our client, and sworn affidavits. That work is called pre-file advocacy. Recent results include an aggravated assault case where we were hired the day of the arrest and the alleged victim’s affidavit led the State to decline charges within 24 days (February 2026), and a husband-and-wife felony drug possession case where charges were never filed after we addressed constructive possession in shared luggage (March 2026). Past results do not guarantee future outcomes.

How does a motion to dismiss work in Florida?

A motion to dismiss asks a judge to end the case before trial. Under Florida Rule of Criminal Procedure 3.190, all defenses other than not guilty must be raised by a motion to dismiss, “including immunity under section 776.032.” The best-known version is the sworn motion based on undisputed facts.

That motion moved and changed in 2025 and 2026. In In re Amendments to Florida Rule of Criminal Procedure 3.190, 421 So. 3d 424 (Fla. 2025), effective July 13, 2026, the Florida Supreme Court moved the old Rule 3.190(c)(4) motion to subdivision (d)(2) and added a deadline: “The court must dismiss any motion not filed before the deadline set by the court, unless the defendant demonstrates good cause, for the delay, or the motion is based on fundamental grounds.” On October 1, 2026, the Court restored the requirement that the motion be sworn.

Under Rule 3.190(d)(2), the defendant may move to dismiss “on the basis that there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt.” The State can answer with a traverse, a sworn denial of the facts, or a demurrer, which accepts the facts and argues they still prove a crime. In State v. Kalogeropolous, 758 So. 2d 110 (Fla. 2000), the Florida Supreme Court held that a general traverse is not enough; the State must “specifically dispute a material fact alleged by the defendant or add additional material facts that meet the minimal requirement of a prima facie case.” The Court added that “If a material fact is disputed, denial of the motion to dismiss is mandatory.”

Two recent cases show the limits. In State v. Yanes-Blanco, 401 So. 3d 592 (Fla. 5th DCA 2025), the Fifth District reversed a dismissal, holding that “the trial court does not determine factual issues or weigh evidence” on this motion. In State v. Adams, No. 3D23-2305 (Fla. 3d DCA June 25, 2025), the Third District reversed a dismissal granted on an unsworn oral motion. The lesson is that the motion must be written, sworn, specific, and filed on time.

What other grounds can get a case dismissed?

Several. A judge can dismiss based on Stand Your Ground immunity under section 776.032, Florida Statutes, which puts the burden on the State to overcome a prima facie claim by clear and convincing evidence; our post on how a Stand Your Ground immunity hearing works explains the process. A case can also end for a speedy trial violation, covered in our guide to the right to a speedy trial in Florida, for an expired statute of limitations, for double jeopardy, or for a defective charging document.

A successful motion to suppress does not dismiss a case by itself, but when it removes the key evidence, the State often drops the charge because it can no longer prove it. Our attorneys at The Brancato Law Firm often file suppression and dismissal motions together.

Can diversion get charges dismissed in Hillsborough County?

Yes. Florida’s pretrial intervention statute, section 948.08, Florida Statutes, makes “Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree” eligible, with the consent of the victim, the State Attorney, and the judge. The defendant waives speedy trial, the charges are continued for 90 days with up to 90 more, and at the end the program may recommend “dismissal of charges without prejudice.” The State Attorney makes the final decision.

The Hillsborough State Attorney’s Office lists its programs on its programs page:

In October 2026, a client of ours completed diversion on multiple drug possession counts, the charges were dismissed, and the client is now eligible for expungement. Past results do not guarantee future outcomes.

How often are criminal charges dropped or dismissed in Florida?

More often than most people expect. The Florida courts’ FY 2024-25 Statistical Reference Guide shows that 18,616 of 155,206 felony dispositions statewide were dismissals before trial, or 12.0%. Another 76.4% ended in pleas, and 1.3% went to a jury.

Misdemeanors are dropped even more often. The county criminal chapter of the same guide counts 41,433 “No File” dispositions (17.7%) and 41,060 dismissals (17.6%) among 233,667 misdemeanor dispositions statewide in FY 2024-25, together about 35%. The figures exclude criminal traffic and DUI cases.

Hillsborough County has been studied directly. Researchers from Florida International University and Loyola University Chicago reviewed Hillsborough State Attorney’s Office cases from 2017 and 2018 in Race, Ethnicity and Prosecution in Hillsborough County, Florida (2019) and found that about 23% of cases ended in prosecutorial dismissal: 28% of misdemeanors and 8% of felonies. National research suggests dropping low-level cases can help public safety too. A study in the Quarterly Journal of Economics by Agan, Doleac, and Harvey, Misdemeanor Prosecution (2023), found that not prosecuting a marginal nonviolent misdemeanor defendant cut the likelihood of a new criminal complaint within two years by 53%.

What actually gets charges dropped?

Evidence that changes the prosecutor’s view of the case. In our experience, that usually means video, a witness the police never interviewed, proof that the client was the one attacked, a suppression issue, or a sworn statement from the alleged victim. Recent results from our firm:

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do to give your case the best chance of dismissal?

Act during the filing window. Do not talk to police or the alleged victim about the case, save texts, photos, and video, and write down the names of witnesses while you remember them. Tell your lawyer everything, because a sworn motion to dismiss commits the defense to a set of facts, and those facts must be accurate. Our Hillsborough County criminal defense attorney team starts with the filing decision, then moves to motions if the case is filed.

Frequently asked questions about dropped and dismissed charges in Florida

Can the alleged victim drop charges in Florida?

No. Only the State Attorney can drop charges, although the alleged victim’s wishes and a truthful sworn statement often influence the decision. The Brancato Law Firm presents that information to the assigned prosecutor during the filing window.

How long does the State have to file charges in Florida?

For a person held in jail, 30 days, with release required on the 33rd day or the 40th day for good cause under Rule 3.134. For a person out on release, 60 days before bond conditions can be lifted, and our attorneys at The Brancato Law Firm use that time for representation before charges are filed.

What is a 3.190(c)(4) motion to dismiss in Florida?

It is the sworn motion to dismiss based on undisputed facts, which became Rule 3.190(d)(2) on July 13, 2026. It must now be filed by the deadline the judge sets, and The Brancato Law Firm calendars that deadline at arraignment.

Does a dismissed charge stay on my record in Florida?

The arrest record remains until it is sealed or expunged, even after a dismissal. A dismissal often makes the record eligible to be cleared, and our attorneys at The Brancato Law Firm explain the next step when a case ends.

Can a dropped charge be refiled in Florida?

Often, yes. A no information or a nolle prosequi usually allows the State to refile within the statute of limitations, while an acquittal ends the matter for good. The Brancato Law Firm explains which outcome is realistic before a client accepts any resolution, and our Hillsborough County criminal defense page covers the local programs.

Does completing diversion get my case dismissed?

Yes, when the program is completed. Under section 948.08, the program can recommend dismissal without prejudice, and the State Attorney makes the final decision. Our attorneys at The Brancato Law Firm negotiate entry into these programs and track compliance so the dismissal happens on schedule.

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

Call our Tampa criminal defense attorneys while the case is still open

The best time to get a case dropped is before it is filed, and the next best is before the motion deadline the judge sets. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the prosecutor, gather the evidence, and file the right motion on time. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

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.

A Hillsborough County judge sentencing a DUI starts with two questions: what the law requires, and what the driver has already done to address the problem. The first question is fixed by statute. The second is where our attorneys at The Brancato Law Firm do most of the work. As founder of the firm, a Tampa criminal defense practice, and a member of the National College for DUI Defense, I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict.

This guide lays out every penalty tier in section 316.193, Florida Statutes, as it reads in 2026, what Trenton’s Law changed, and how DUI cases are reduced in Hillsborough County.

What are the penalties for a first DUI in Florida?

A first DUI is a misdemeanor punishable by up to 6 months in jail and a fine of $500 to $1,000. The statute adds several requirements that apply even when the judge imposes no jail.

The court cost comes from section 938.07, Florida Statutes, and the revocation from section 322.28, Florida Statutes. The total of probation and jail cannot exceed 1 year. Our attorneys at The Brancato Law Firm explain each of these to clients at the first meeting, because most people only expect the fine.

What happens if your blood alcohol was 0.15 or higher?

The maximums go up. Under section 316.193(4), a breath or blood result of 0.15 or higher, or having a passenger under 18 in the vehicle, raises a first-offense fine to $1,000 to $2,000 and the jail maximum to 9 months. The court must order an ignition interlock for at least 6 continuous months.

The 0.15 result also limits plea bargaining. Under section 316.656, Florida Statutes, a judge may not accept a plea to a lesser offense from a driver whose test showed 0.15 or higher. That makes the accuracy of the breath result the central issue in a high-result case. Our post on what happens when an Intoxilyzer was not properly maintained explains how our attorneys challenge it.

What are the penalties for a second, third, or fourth DUI?

The penalties climb with each prior conviction, and the timing of the priors decides the tier.

Ignition interlock is required for at least 1 year after a second conviction, at least 2 years after a third, and at least 5 years after a fourth under section 322.2715, Florida Statutes. The 10-day and 30-day jail minimums must include at least 48 consecutive hours. Because a prior DUI from years ago can turn a new case into a felony, The Brancato Law Firm verifies every prior conviction on the driving record before advising a client on a plea.

When is a DUI a felony in Florida?

A DUI is a felony in four situations: a third DUI within 10 years of a prior conviction, any fourth DUI, a DUI that causes serious bodily injury, and DUI manslaughter.

The statute states that “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” The prison maximums for each degree come from section 775.082, Florida Statutes. Our Tampa DUI lawyer team defends felony DUI and DUI manslaughter cases with accident reconstruction and forensic toxicology, as described in our post on retrograde extrapolation in Florida DUI cases.

What did Trenton’s Law change?

Trenton’s Law, chapter 2025-121, Laws of Florida, took effect October 1, 2025 and made two changes to DUI penalties. First, a first refusal of a lawful breath or urine test is now a second-degree misdemeanor under section 316.1939, punishable by up to 60 days in jail. Before that date, a first refusal was not a crime. Second, DUI manslaughter is now a first-degree felony when the driver has a prior conviction for DUI manslaughter, boating under the influence manslaughter, vehicular homicide, or vessel homicide.

Trenton’s Law did not change the second, third, or fourth DUI tiers, the license revocations, or the 4-year DUI manslaughter minimum. In practice, a refusal arrest now usually means two charges, the DUI and the refusal, and our attorneys at The Brancato Law Firm defend both together. Our guide on whether refusing a breathalyzer is a crime in Florida covers the refusal charge in detail.

Did Florida change DUI penalties in 2026?

No. The 2026 Legislature considered a bill to raise DUI penalties, HB 1549, but it died in committee on March 13, 2026, according to the Florida Senate’s bill history. The only 2026 changes to these statutes were a cross-reference correction in section 316.193 and a procedural change allowing the Department to email informal license review decisions, effective October 1, 2026. The Brancato Law Firm rechecks these statutes after every legislative session.

How many DUI cases does Hillsborough County handle?

Thousands every year. FDLE’s Total Arrests by County, 2020, the most recent county-level FDLE table, counted 2,808 DUI arrests in Hillsborough County, 2,027 in Pinellas County, and 661 in Pasco County, out of 29,115 statewide.

The Florida Department of Transportation’s FY2025 Highway Safety Annual Report says the MADD court monitoring program tracked more than 4,100 DUI cases in Hillsborough County from October 2024 through September 2025. The human cost behind those numbers is real: the National Highway Traffic Safety Administration’s State Alcohol-Impaired-Driving Estimates: 2024 Data counted 769 alcohol-impaired-driving deaths in Florida in 2024, 24% of all traffic deaths in the state.

Research supports at least one of these requirements. A study in the American Journal of Public Health, Impact of State Ignition Interlock Laws on Alcohol-Involved Crash Deaths in the United States (Kaufman and Wiebe, 2016), found lower alcohol-involved crash death rates in states with interlock requirements for all offenders.

Can DUI penalties be reduced in Hillsborough County?

Yes, in many cases. The most common paths are a challenge to the stop or the breath test that leads to a dismissal or a reduction, a negotiated plea to reckless driving, and diversion for eligible first-time drivers. The Hillsborough State Attorney’s Office lists a diversion program called Reducing Impaired Driving Recidivism (RIDR) on its programs page. A crash can make a driver ineligible.

What persuades a prosecutor is evidence. Our attorneys gather the video and test records, and we document what the client has done since the arrest: a substance abuse evaluation, treatment if recommended, and a mitigation report. Recent results from our firm:

Past results do not guarantee future outcomes. More results are on our case results page, and our guide on how to fight a DUI charge in Hillsborough County explains the defenses.

What should you do after a DUI arrest?

Start with the license deadline. You have 10 days from the notice of suspension to request a review, and our guide on how to protect your license after a Tampa DUI arrest explains your options. Then gather your driving record so the prior-conviction question is answered early, and do not discuss the arrest with anyone but your lawyer. A substance abuse evaluation completed before the first court date often helps the sentencing discussion later.

Frequently asked questions about Florida DUI penalties

Can DUI charges be dropped in Florida?

Yes. DUI charges can be dropped or reduced when the stop was unlawful, the breath test was unreliable, or the evidence of impairment is weak. The Brancato Law Firm reviews the video, the breath instrument records, and the arrest paperwork before any plea discussion.

Will I go to jail for a first DUI in Hillsborough County?

Not necessarily. A first DUI carries up to 6 months in jail but no mandatory jail, and many first-time cases resolve with probation and the statutory conditions. Our attorneys at The Brancato Law Firm present treatment and mitigation to keep jail off the table, and you can read more on our Tampa DUI defense page.

Is a third DUI always a felony in Florida?

No. A third DUI is a third-degree felony only if it comes within 10 years of a prior conviction, while any fourth DUI is a felony regardless of timing. The Brancato Law Firm checks the dates of every prior conviction, because that timing can decide whether the case is a misdemeanor or a felony.

Is an ignition interlock required for a first DUI?

Only in some cases. The judge may order an interlock for a first DUI, but it is mandatory for at least 6 months when the result was 0.15 or higher or a minor was in the car. Our attorneys at The Brancato Law Firm challenge the breath result when it is the only reason the interlock is required, as explained in our Intoxilyzer maintenance guide.

Does Trenton’s Law make DUI penalties harsher?

Partly. It made a first breath-test refusal a crime and raised DUI manslaughter to a first-degree felony for drivers with a prior homicide-type conviction, but it did not change the regular DUI tiers. The Brancato Law Firm explains how the new law applies to the date of your arrest.

What is the RIDR program in Hillsborough County?

RIDR, Reducing Impaired Driving Recidivism, is a diversion program run by the Hillsborough State Attorney’s Office for eligible DUI cases. Our attorneys at The Brancato Law Firm evaluate eligibility early, because a crash or other aggravating fact can rule it out.

Call our Tampa DUI defense attorneys today

The penalties in a DUI case are set by statute, but the outcome is not. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will protect your license within the 10-day window, verify your record, and build the case for dismissal, diversion, or a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our DUI 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.

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.