FREQUENTLY ASKED QUESTIONS:


What are my rights if arrested?
If you are arrested, you have several constitutional and statutory rights afforded to you. First and foremost, you have the right to remain silent. You actually have this right before you are arrested if you are detained by law enforcement and they are asking you questions about a crime. You also have the right to have an attorney at all critical stages of the prosecution. Unless you are charged with a crime that is punishable by life or a violation of probation, you have the right to have a reasonable bond set. If you are charged with a felony, you have the right to depose the witnesses against you. You have the right to know and see all of the evidence the State of Florida intends to use against you, i.e. police reports, witness statements, video tapes, scientific evidence, reports of experts, etc. Finally, you have the right to a jury trial. Unless you are charged with a capital offense, the jury will consist of six people. Please call us if you have any questions concerning your rights.

The police came to my house and want to do a search. Should I let them in?
If the police come to your home and want to conduct a search, you do not have to let them into your home unless they have a search warrant. If they have a warrant, they are allowed to enter and search your home. However, before entering, they are required to knock and announce their presence. If they break into your home without first knocking and announcing, you may have a basis to suppress the results of the search. Additionally, law enforcement has to convince a judge that they have "probable cause" to believe they will find specific evidence in your house before they can obtain a search warrant. Sometimes, even after a warrant has been obtained and search has taken place, it may be determined that law enforcement did not, in fact have sufficient probable cause to obtain a search warrant and that the original judge should not have signed the warrant. In these types of cases, it is possible to have the evidence gathered from the search suppressed.

Can the police search my car if I am stopped for a civil infraction (speeding, following too closely, etc.)?
NO. Absolutely not. Generally, when a law enforcement officer asks you if they can search you, your car, or your home, it means that they do not have a legal right to do so. If they don't have a legal basis to search, they can still search if you give them permission.

What do I do if I am falsely accused of a crime?
Being innocent does not guarantee you that the charges will eventually be dropped or that a jury will find you not guilty. There are many people in jail found guilty of crimes that they did not commit. If you are accused of a crime you did not commit, you should contact a criminal defense attorney as soon as possible.

Is there any possibility of cleaning up my criminal record?
Many times, people are eligible to have their record sealed or expunged. There are a variety of factors that will determine if you are eligible For this service. The most basic requirement is that the case was either dropped or you received a "withhold of adjudication" when you went to court. If you are a convicted felon, you may be eligible for a restoration of civil rights.

What is a Bail/Bond and how does it work?
A bail or bond is the legal instrument that allows a person being charged with a criminal offense to be temporarily released from jail pending the outcome of his/her case. The bail or bond usually establishes a sum of money that must be forfeited by the bondsman if the accused fails to appear in court for trial. Bail or bond may be posted in two ways. 1: A bondsman can be hired and for 10% of the amount of the Bond will post a surety, or 2: The defendant may post the full amount (a cash bond) which will then be returned at the close of the case, less fines and court fees.

When can I speak to one of your attorneys?
Except in emergency situations (e.g. a person in jail), our attorneys generally will not be the first person that you reach. Our highly trained staff members can answer almost all questions. If an immediate need exists, we will make every effort to let you talk to an attorney when you call in. Almost every day, our attorneys are in court or involved with previously scheduled client interviews.
Every person charged with a crime who calls and sets an appointment will get to talk to one of our attorneys free of charge for the initial consultation. It is expected that you appear on time and bring ALL of your paperwork with you. When you come in for your free consultation, you will be told the favorable and unfavorable aspects of your case and how we would approach handling your case, based on the knowledge we have in front of us at the time of the consultation. Over the course of the case the information available may change and we will advise you and provide you a copy of any new information we receive during the case, should you retain our services.. This will allow you to evaluate your options, so that you may make decisions about how you want to proceed with your case. You are not obligated to hire one of our attorneys merely because you have a free, initial appointment.

How will my case be handled by your firm?
When we receive the questionnaires and discovery from the State we review them to determine the possible defenses and motions that might be presented in your case. Mrs. Benedik will review every questionnaire personally and will personally review each discovery document in each case.  We  take a great deal of pride in our law firm providing the very best defense possible to all of our clients.

How will a DUI arrest affect me if I’m licensed from out-of-state?
Florida cannot suspend an out-of-state license; only your home state can suspend your license. Florida can only suspend your privilege to drive in Florida. A refusal to submit to an officer’s request for a breath, blood or urine test, MAY result in a suspension of driving privileges in Florida (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for processing a notification of a refusal report vary in each state. Florida is obligated to send such notice to your licensing state. Some states take no adverse action against the license in the non-resident driver’s home state for a “refusal” to be tested; for an over the limit blow; or a blood urine test that tests positive for drugs/over the limit alcohol in Florida.

Why should I hire an attorney in your firm?
Ashley Stone Benedik is a Panama City native.  She graduated from Mosley High School in 1986, Florida State University in 1989 and Louisiana State University, Paul M. Hebert Law Center in 1992. She moved back to the Panhandle in 1993 and started her career as a Prosecutor for the State Attorney’s Office. During this tenure, Ms. Benedik tried approximately 100 cases in front of a jury. The type of cases she handled and tried in front of a jury helped her become more knowledgeable in how the complete system works. Now she has decided to apply that experience in helping others in Criminal Defense.
Ms. Benedik is a member of the Florida Association of Criminal Defense Lawyers and the Panama City Rotary Club. In law school she was a member of the Phi Delta Phi legal fraternity.

If I fight the case and lose, do I get any money refunded on legal fees?
No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Florida prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No. An attorney (like a surgeon) is compensated for his/her time, knowledge, expertise and legal acumen. That is our “product.” In addition, we set a “fixed” fee -- not hourly -- so you will know how much you will pay for legal services.

Beyond legal fees, what other costs or expenses will I have in this case if I fight it?
Disregarding fines, there are always a few costs in the typical DUI case. If a court reporter is needed for court proceedings or depositions, you will pay those costs.  We also use “process servers” and couriers to hand-deliver subpoenas, pleadings, and other important documents which you will also need to pay the cost for. We do this so that we can prove to a judge the time, place and person, receiving these items if a challenge to “service” is ever made. Judges can be very unforgiving if an important witness fails to show up with subpoenaed documents, and we cannot prove that the witness was personally served in accordance with Florida’s subpoena law.
In addition, some cases will require the services of other professionals. A case may need an investigator, an accident re-constructionist, an expert on breath or blood testing, a medical expert or similar non-lawyer assistance. We will advise you in advance of these proposed major costs before obligating you to pay.

Do we have any control over which judge or prosecutor I get for my case?
As a general rule, no. Computer assignment or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

DUI Info
Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges will result in fines, driver's license suspension or revocation, and possibly jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
When arrested for a DUI, your license will be suspended and your ticket may serve as a temporary permit for ten days. You only have ten days to request a hearing to invalidate the suspension. If you contact my firm, my staff will assist you with the necessary paperwork to preserve your rights to a Driver's License Hearing.