Criminal Defense Overview

Winston Law, P.A. specializes in fighting for clients charged with all types of felonies, misdemeanors and juvenile crimes. Susan Winston, the founding partner of Winston Law, P.A. has defended thousands of complex criminal cases in Palm Beach County since 2004.

If you are arrested, given a notice to appear, under investigation, or have been charged with any felony or misdemeanor, please contact Winston Law, P.A. for a free consultation, at (561)670-9375 or susan@winstonlawpa.com as soon as possible.

Classification of Crimes

Crimes are classified based on severity or age of the defendant. They are then put into three major categories: felonies, misdemeanors, and juvenile delinquency.


A felony is any crime punishable by over one year and one day in prison. Felony crimes are filed in Circuit Court. Felonies in the State of Florida include:
  • Capital Crimes – crimes that are punishable by death. Capital crimes include First Degree Murder and Capital Sexual Battery (which at common law was punishable by death but is punishable by life today).
  • Felonies Punishable by Life (PBL) (i.e. Second Degree Murder, Burglary with Assault/Battery and Robbery with a Firearm).
  • Felonies of the First Degree – crimes that are punishable by up to 30 years in prison (i.e. Sale of Cocaine with in1000ft. of a School/Park/Daycare and Home Invasion Robbery).
  • Felonies of the Second Degree – crimes that are punishable by up to 15 years in prison (i.e. Burglary of a Dwelling and Dealing in Stolen Property)
  • Felonies of the Third Degree – crimes that are punishable by up to 5 years in prison (i.e. Grand Theft Auto, Burglary of a Structure, and Possession of Cocaine).

A misdemeanor is any crime that is punishable one year or less in the county jail. Often times police will issue a notice to appear in court instead of making an arrest. Misdemeanors are filed in County Court. Examples of common misdemeanors are assault, battery, domestic battery, trespass, Driving Under the Influence (DUI), and Driving Under Suspended License (DUS).

Juvenile delinquency cases are felonies and misdemeanors filed against children. In the State of Florida, juveniles do not have the right to jury trials. Instead all juvenile trials are heard and decided by a judge. Because the objective of juvenile delinquency law is deterrence rather than punishment the consequences of juvenile crime do not include traditional prison time. The consequences instead include probation and/or time in a juvenile program. In some situations, children might have their cases filed in adult court. This is called direct file. It is common, especially in Palm Beach County, for juveniles with a prior record or who are charged with serious felonies to have their charges filed in adult court. Juveniles charged in adult court face the same consequences as adults including prison time.

Withhold of Adjudication v. Adjudication

If you have been arrested for a crime, you will have a criminal record. That criminal record shows arrests, the type of crime and the disposition (how the case was resolved) of the case. If you are convicted of a crime in Florida there are two ways to resolve the case, with a withhold of adjudication or an adjudication. An adjudication is a formal finding of guilt that will stay permanently on your record.

If you have been adjudicated of a crime it may result in difficulties finding a place to live, getting a loan, and finding a job. If you have been adjudicated of a felony you will lose certain rights. These rights might include the right to possess or own a firearm, the right to vote and the right to jury duty. Felony convictions can be extremely devastating to a person’s life.

In certain circumstances, Florida law allows the court to withhold a formal finding of guilt and results in a withhold of adjudication. This permits a person to state they have not been convicted of a crime on job, school, housing, and bank applications. It is intended to give first time offenders a second chance by not formally convicting them of a crime. A withhold of adjudication preserves certain rights such as the right to vote, possess a firearm, and serve as a juror. Depending on the crime, a person who has a withhold of adjudication on their record may also be able to have their record sealed or expunged.

Frequently Asked Questions

Should I Talk to the Police?


NO, if you are arrested or being investigated for a crime it is not in your best interests to talk to the police. Telling the police you do not want to speak to them is a lot more difficult than it may sound. Police officers, especially detectives, are specifically trained to use coercive techniques to obtain confessions. They may make promises or indicate that they will help you by reducing your charges or letting you go home. If the police try to interview you about your case tell them you want to speak with a lawyer (even if you are not currently represented by a lawyer).

What happens if the police do not read my Miranda rights?


Miranda rights were established in Miranda v. Arizona a United States Supreme Court case decided in 1966. That case established that police must tell you that “you have the right to remain silent, anything you say will be used against you in a court of law, you have the right to an attorney, if you cannot afford an attorney one will be appointed for you.”

Despite what is seen on television, if a police officer fails to read your Miranda rights your case is not automatically dropped. The police are only required to read you Miranda rights in the event that you are in custody and they want to question you about a crime. Police do not have to read your Miranda rights at the time of arrest. If police do make an error involving your Miranda rights, it does not automatically result in the dismissal of your case. Instead any incriminating statements you may have made will be suppressed. Prosecutors can still move forward with your case by using other evidence.

What happens after an Arrest?


If you or someone you know has just been arrested it may be vital to hire an attorney as soon as possible after that arrest. Florida Law requires that within 24 hours of an arrest, an arrestee must have a First Appearance Hearing. At this hearing, a judge decides whether there is probable cause for the arrest. If a judge does find probable cause the next step will be to determine the conditions of release for the arrestee.

It is important to have an attorney at this hearing. Winston Law, P.A. can help preserve important evidence such as photographs or witness information even before the First Appearance. At the hearing, Winston Law, P.A. can argue for an affordable monetary bond for the arrestee or even an “OR” (own recognizance) release.

What Happens After the First Appearance?


The State of Florida has 30 days to file charges against a defendant being held in custody after First Appearance. In the event that you are released from jail the State can extend their filing deadline up to 45 days. It is very important to hire an attorney before charges are formally filed. Prosecutors have the power to “No File” a charge or reduce charges from a Felony to a Misdemeanor. Winston Law, P.A. can help you by presenting the Prosecutor with alternative evidence or can attack the police version of the evidence before charges are even filed.

Does an Arrest Mean I will be Found Guilty?


No, an arrest is just the start of a criminal case. Under the law you are innocent until proven guilty beyond and to the exclusion of every reasonable doubt. This is why having a knowledgeable and skilled attorney is highly essential. Winston Law, P.A. can help you by working to get the charges reduced or dropped, deposing or interviewing witnesses and police officers, hiring experts to aid in your defense, hiring investigators to uncover facts and witnesses to help your case, negotiate with prosecutors, fight for you in trial and more….


If you or a loved one needs a knowledgeable and experienced attorney please contact Winston Law, P.A. for a free consultation, by calling (561) 670-9375 or by emailing susan@winstonlawpa.com