Frequently Asked Questions

Facing criminal charges in Volusia County is a challenging life event, probably leaving one with many questions.  Below you will see answers to some of the more commonly asked questions by clients.  For more information, please do not hesitate to contact one of our dedicated attorneys at Hager & Schwartz, P.A.; we will happily assist you with more specific questions you may have pertaining to your criminal case. 

If one is charged with DUI in Daytona Beach, and their blood alcohol level clearly shows over the legal limit, is there any point to having an attorney?

Even at times where one’s blood alcohol level has extended beyond the legal limits, a criminal defense lawyer can still be of aid in getting your charges reduced or dismissed.  This can help you to avoid harsh penalties such as jail time and expensive fines.  Having an educated lawyer in your corner is in your best interest because they will be able to effectively argue on your behalf, offering you a better chance at winning your case.

When pulled over by the police, being searched, or arrested, what rights do I have?

Upon being arrested, an officer must inform you of your Miranda Rights, otherwise a case would be deemed invalid.   You have the right to ask an officer why you were stopped in the event you are pulled over.  The officer may legally check you for concealed weapons by patting down your clothing, however, you do possess the right to refuse any further searches if the police have no warrant for such.

What is the distinction between a felony and a misdemeanor?

A misdemeanor is a minor offense punishable by less than one year of jail time.  A more serious crime, like arson or murder, is known as a felony offense, carrying harsh penalties like lengthy prison sentences.  Felonies remain on a person’s record, likely affecting one’s future prospects in a negative way.  These carry much steeper consequences, and can destroy chances of success if any future crimes are committed.

For more answers to your criminal case questions in Volusia County and Daytona Beach, please contact an attorney at Hager & Schwartz today!