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Common Misconceptions About Florida Law – Don’t Be Fooled

Florida’s legal system is complex, and unfortunately, it’s often misunderstood. Misconceptions can cause fear, lead to poor decisions, and cost you your freedom. As experienced criminal defense attorneys, we believe in educating the public about their rights and the law.

Let’s take a look at some of the most widespread myths about criminal law in Florida:

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Myth #1: An Arrest Means You’re Guilty

Reality: Arrest ≠ Conviction

Just because you’ve been arrested doesn’t mean you’re guilty or will be convicted. Under the U.S. Constitution and the Florida Constitution, you are entitled to due process. That means the State must prove you’re guilty beyond a reasonable doubt, either through a voluntary plea or after a full trial. Arrest is the beginning of the legal process—not the end.

You have rights. We defend them every step of the way.

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Myth #2: Refusing a Breath Test Means You Can’t Be Convicted of DUI

Reality: Refusing a breath test doesn’t prevent a DUI conviction.

Under Florida Statute § 316.193, DUI convictions can be based on a variety of evidence—not just breath or blood tests. Police observations, field sobriety test results, video footage, and witness statements can all be used to prove impairment.

Additionally, refusing a breath test can lead to immediate license suspension under Florida’s implied consent law (§ 316.1932). Don’t assume refusal protects you—it can actually make things worse.

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Myth #3: “Stand Your Ground” Means You Can Always Use Deadly Force

Reality: Use of deadly force is limited and must be reasonable.

Florida’s “Stand Your Ground” laws (§ 776.012, § 776.013) are often misunderstood. You are only allowed to use deadly force if you reasonably believe it is necessary to prevent imminent death, great bodily harm, or a forcible felony.

You don’t have to retreat—but your belief in the threat must be objectively reasonable. Misinterpreting this law can land you in serious legal trouble. Always consult with a criminal defense attorney before relying on self-defense statutes.

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Myth #4: You Must Talk to the Police

Reality: You have the right to remain silent and to an attorney.

One of the most important rights you have is the right to remain silent. Under the Fifth Amendment and Article I, Section 9 of the Florida Constitution, you are not required to speak with law enforcement without a lawyer present.

If you’re being questioned by the police, calmly state:

“I am invoking my right to remain silent, and I want to speak to a lawyer.”

As your criminal defense attorney, we ensure your rights are protected and no statement you make is used unfairly against you.

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Know Your Rights & Next Steps After Arrest

Being arrested can be frightening—especially if it’s your first time. Understanding the process can help you make better decisions and avoid costly mistakes.

What Happens After Arrest?

• Police Custody: After being read your Miranda rights, you’ll be transported to the station.
• Booking: Your information, fingerprints, and photo will be recorded.
• Bail: Depending on the charge, you may be released or held until arraignment.
• Arraignment: The court informs you of the charges, your rights, and asks how you plead.

Immediately after an arrest, contact a qualified criminal defense attorney. At Landsman Law, we will represent you at arraignment, fight for your release, and begin building a powerful defense strategy from day one.

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Why Choose Landsman Law as Your Criminal Defense Attorney?

At Landsman Law, we provide aggressive and strategic criminal defense representation for individuals across Gainesville and North-Central Florida. Whether you’ve been charged with a misdemeanor, felony, or federal offense, we are prepared to fight for your future. This area includes Alachua County, Levy County, and Gilchrist County, and more.

✅ Available 24/7
✅ Free Initial Consultations
✅ Proven Defense Strategies
✅ Tireless Advocacy in and out of Court

From traffic tickets to serious felonies, every case deserves a strong defense. Our criminal defense attorneys explore every opportunity to reduce or dismiss charges—and we’re always on guard to protect your rights.

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Charged with a Crime? Don’t Wait—Contact a Criminal Defense Attorney Now

If you’re facing criminal charges or have been arrested in Florida, don’t face the system alone. Misinformation can lead to mistakes. And mistakes can cost you your freedom, your record, and your future.

Contact Landsman Law today to speak with an experienced Gainesville criminal defense attorney. Call us or submit our online form to request your free consultation. Let us help you fight for your rights, your future, and your peace of mind.