Criminal Law FAQs

A criminal defense lawyer protects your rights from the first moment of suspicion through the final verdict. Our firm’s primary specialty is defending sex crimes and homicide cases, but we handle every type of criminal charge in Florida—from DUI to serious violent felonies. Clients come to us when the stakes are high because every detail matters, and we bring that same level of trial preparation to every case, no matter the charge.

Misdemeanors carry a maximum of one year in county jail, while felonies expose you to state prison and permanent life consequences. Because our work routinely involves capital and major felony cases, we approach even misdemeanors with the precision those higher-stakes matters demand. That difference in preparation often determines whether a client’s record remains clean.

The criminal process starts when law enforcement makes an arrest or opens an investigation. After that, the court holds a first appearance, sets bond, and schedules discovery and pretrial hearings that can lead to trial if the case remains unresolved. Each phase gives us opportunities to challenge the evidence and shape the outcome. From the beginning, we design the defense as if the case will go before a jury, forcing the State to prove every claim it makes.

You never have to speak with law enforcement. Even innocent people risk being misunderstood or trapped by selective questioning. We intervene early—often before prosecutors file charges—to prevent clients from making statements that investigators could later twist into evidence.

After an arrest, you have the right to remain silent, the right to an attorney, the right to reasonable bond (in most cases), and the right to a fair trial. In serious felony investigations, police and prosecutors often test these limits. We enforce your rights with the same rigor and precision we apply in homicide and sex-crime defense.

Failing to appear in court or violating bond can result in immediate arrest and bond revocation. We act quickly to address violations, negotiate reinstatement, or seek modification so you remain free to assist in your defense. Judges know that a client represented by our firm is serious about compliance and accountability.

Judges set bail by weighing the charge, prior record, and risk of flight. In major felony cases, we frequently file bond-reduction motions supported by character evidence and pre-trial mitigation. Even in lower-level cases, our courtroom experience gives clients a meaningful advantage in securing release.

Prosecutors can reduce or dismiss charges before trial when flaws in the evidence or procedure are exposed. Early engagement allows us to present legal and factual arguments that shift leverage before the State commits to trial. Many of our best outcomes come from precision strategy, not chance.

A plea bargain is a negotiated agreement to resolve a case without trial, but it’s never entered lightly. At The Brancato Law Firm, P.A., we approach plea discussions only after a complete review of the evidence and legal defenses. In major cases—especially sex crimes and homicide—negotiation is a tool of leverage, not surrender. We prepare for trial first, then assess whether the offer truly serves your best interest. The decision is always yours, but it will be made with full knowledge of the risks and advantages.

State Attorneys prosecute charges under Florida law, while United States Attorneys bring federal cases that agencies such as the FBI, DEA, or Homeland Security investigate. Federal prosecutions involve strict procedures, mandatory sentencing guidelines, and higher evidentiary thresholds. The Brancato Law Firm, P.A. primarily represents clients in serious state-level cases—particularly sex crimes and homicide—but we accept select federal matters where our trial expertise and strategic litigation experience can make a decisive difference.

A criminal charge—whether a misdemeanor or a serious felony—can threaten your employment, endanger your professional license, and place your immigration status at risk long before the court reaches a verdict.Employers, licensing boards, and federal agencies often take action based solely on an arrest or pending case. At The Brancato Law Firm, P.A., we treat every case as if your livelihood depends on it, because it often does. When immigration concerns arise, we work directly with your immigration attorney to coordinate a defense strategy that protects both your legal status and your freedom.

Timing often determines the outcome of a criminal case. The earlier we become involved, the more opportunities we have to shape the investigation, preserve favorable evidence, and prevent damaging statements. In major cases—especially sex crimes and homicide—early intervention often determines whether prosecutors file charges or you face life-changing accusations. At The Brancato Law Firm, P.A., we don’t wait for the State to act; we get ahead of it. Hiring experienced counsel early allows us to protect you before the system begins to build against you.

Your first meeting is the foundation of your defense. Bring all court documents, police reports, release paperwork, and any texts, photos, or digital records that relate to the incident. Just as important, prepare a list of possible defense witnesses with their contact information—anyone who can speak to your whereabouts, character, or the events in question. If medical, employment, or counseling records may help explain context, include those as well. The more thorough the information we have on day one, the faster we can dismantle the State’s version of events and start building your own.

In addition to the documents and witness information you bring to our first meeting, the most important thing we need is honesty. The attorney-client relationship is built on complete transparency and trust—especially in major felony and sex-crime cases where credibility determines outcomes. Tell us everything, even the details you fear could hurt you. Surprises are dangerous in the courtroom, but they’re manageable in private strategy. The strongest defenses come from collaboration: you provide the facts, we shape them into a narrative the State cannot withstand.

Attorney Rocky Brancato has practiced criminal defense for more than twenty-five years and has tried well over one hundred jury trials throughout Florida. His work spans the most serious charges in the criminal justice system, including homicide and complex sex-crime cases. He reached the pinnacle of courtroom qualification when he was certified under the Rules of the Florida Supreme Court to handle death penalty cases—an honor held by only a select group of attorneys in the Tampa Bay area. That level of experience informs every case our firm accepts, regardless of the charge.

We practice nearly exclusively criminal defense. That focus allows us to operate at the highest level in cases ranging from DUI to homicide and complex sex offenses. In addition to criminal court, we also represent students in disciplinary and conduct hearings at both the high school and college levels. While these proceedings are not criminal, they often involve parallel investigations and can affect academic standing and future opportunities. We apply the same investigative skill and strategic precision developed in major felony defense to protect students’ reputations and educational futures.

Our greatest depth lies in defending sex offenses and homicide cases. We also handle violent-crime, child abuse, DNA, and digital-forensics cases statewide. These complex cases demand mastery of science, strategy, and courtroom skill.

Yes. After decades of practice in Hillsborough county, we know how each courtroom operates. That familiarity allows us to anticipate how prosecutors build cases and how judges evaluate arguments.

Every case begins with investigation, not assumptions. We start by uncovering the facts—interviewing witnesses, reviewing evidence, and often employing professional investigators, mitigation specialists, and expert witnesses in areas such as digital forensics, medicine, or psychology. Once we understand the evidence and the motives behind it, we determine whether negotiation, motion practice, or trial will yield the best result. We take a disciplined, methodical approach: we build the facts first, control the narrative second, and never negotiate from a position of weakness. That process has proven effective in cases ranging from homicide to complex sex-crime allegations.

We never make that decision lightly or emotionally. After conducting a thorough investigation, we evaluate the strength of the State’s evidence, test witness credibility, and measure the potential risks of trial. We also factor in your goals, tolerance for risk, and the long-term impact of each option. Because we routinely handle major felony and homicide cases, we know how prosecutors build leverage and how juries respond. When we recommend a plea, it’s because it achieves a result that trial likely cannot improve. When we recommend trial, it’s because we see a path to win. You make the final informed decision.

No single number can measure success in criminal defense. Each case turns on its own facts, the quality of the evidence, and the skill of the defense. What sets our firm apart is the consistency of our results in high-stakes cases—ranging from not-guilty verdicts in sex-crime and homicide trials to dismissals and reduced charges in serious felonies. We achieve favorable outcomes because we prepare relentlessly, expose weaknesses others overlook, and never accept the State’s version of events at face value. Our reputation for results comes from decades of disciplined trial work, not chance.

We explain complex issues—such as evidentiary rulings or plea considerations—in clear, practical terms. You always know where your case stands without getting lost in unnecessary detail. You bring candor and cooperation; we bring judgment, strategy, and control.

Criminal law evolves constantly, and staying ahead of those changes is part of what defines an effective trial lawyer. We monitor new appellate decisions every week and adapt our strategies as the law shifts. Attorney Rocky Brancato remains active in professional organizations and local defense associations, maintaining close relationships with judges, prosecutors, and fellow trial lawyers throughout Tampa Bay. That engagement keeps us informed not just about changes in the law, but about how those changes are applied in real courtrooms. Preparation means knowing the rules—and knowing how the players interpret them.

Our firm almost exclusively uses flat fees, quoted at the outset of representation. The amount is based on the seriousness of the charges, the anticipated complexity of the case, and the level of preparation required to achieve the best possible result. This structure allows clients to know exactly what to expect—no hourly surprises or hidden costs. For us, the focus is on building the strongest defense, not counting time.

Our fee covers all attorney work through case disposition—investigation, motion practice, and trial. We discuss outside costs—such as expert witnesses or investigators—in advance. You pay those providers directly at cost, with no hidden charges or markups.

We offer a complimentary strategy session to evaluate your case and outline potential defense approaches. This meeting is not a quick sales conversation—it’s a focused discussion about facts, risks, and options. If you decide to move forward with representation, we will provide a clear, upfront flat-fee quote based on the complexity and demands of your case. The goal is for you to leave that first meeting with clarity and confidence about the road ahead.

Yes. We design our payment structures to meet the realities and demands of the work required on each case. Serious criminal defense often requires months of investigation, preparation, and litigation, and our payment schedules reflect that commitment. For clients who need flexibility, our LawPay platform offers additional options, including the Pay Later financing feature. We work with clients to make high-level representation attainable, but every arrangement starts with what the case demands—not with cutting corners.

We rarely use retainers. In nearly all cases—including serious felonies, complex sex offenses, and homicide matters—we work under a flat fee agreed upon at the start of representation. This structure creates certainty and ensures you know exactly what your investment covers. In select white-collar or consulting matters, where time demands can vary, we may use a retainer instead. When we do, we refund any unused balance with a detailed accounting. We build every fee arrangement on transparency and fairness so you can focus entirely on your defense.

Communication sits at the center of how we practice law. We provide updates after every major development—court hearings, motions, or negotiations—and give you access to our secure client portal to review documents and strategy updates at any time. You also receive my direct cell number for urgent matters, and our legal assistant may contact you for scheduling or document coordination. You always know where your case stands and what comes next because we build transparency and accessibility into every stage of representation.

Every client works directly with me, Attorney Rocky Brancato. I personally handle all strategic decisions, court appearances, and communication regarding your defense. Our legal assistant assists with scheduling, document organization, and maintaining communication through our secure client portal, ensuring nothing falls through the cracks. This approach gives clients direct access to their attorney while maintaining the structure and support necessary for high-level preparation.

We make communication a priority. We return most calls, emails, and messages the same day or within one business day, depending on urgency. Clients also have my direct cell number for calls or texts, and when I can respond immediately, I do—it’s often the most efficient way for both of us to stay ahead of developments. Our legal assistant monitors the secure client portal to ensure that every question and update receives a timely response. You’ll never be left wondering about your case or whether your message reached us.

Expect updates after every major event. Even during quiet periods, we check in to keep communication steady and stress low.

You’ll receive updates after every major development—hearings, filings, and substantive negotiations—but we don’t limit communication to those moments. Clients are always welcome to check in whenever they have questions or concerns. Our secure client portal makes it easy to stay current on filings and deadlines, and we also communicate directly by phone, email, or text when a personal update is more appropriate. We believe that open communication builds trust and helps keep your defense focused, steady, and informed at every stage.

Yes. Strong pre-trial advocacy often leads to dismissals or reductions. By identifying weaknesses early, we give prosecutors a reason to reconsider their case before it reaches a jury.

The State Attorney files charges directly, while a grand jury issues an indictment in capital cases. Drawing on our background in capital litigation, The Brancato Law Firm, P.A. handles both processes with precision and seasoned trial experience.

Probation and parole let a person remain in the community instead of serving time in custody. Courts impose probation after a conviction, while the Department of Corrections grants parole after release from state prison. Both require strict compliance with conditions such as reporting, treatment, curfews, and limits on travel or contact. A single violation can trigger an arrest and return to custody. At The Brancato Law Firm, P.A., we defend clients accused of violating supervision and frequently persuade courts to avoid revocation or grant early termination when the client has demonstrated compliance.

A conviction can follow you for life, affecting employment, housing, and reputation. Avoiding conviction is our first goal; protecting your future is the next.

Contact an experienced criminal defense lawyer immediately—before you speak with law enforcement or anyone connected to the case. Early intervention often determines whether prosecutors ever file charges. At The Brancato Law Firm, P.A., we work directly with investigators, secure crucial evidence, and manage every line of communication to prevent statements that could later be used against you. This stage is especially critical in sex-crime and serious-felony investigations, where one misunderstanding or careless word can lead to formal charges. The sooner we get involved, the more control we have over how the case unfolds.

Yes, you have the right to refuse consent to a search unless officers present a valid warrant. Politely exercising that right preserves your legal protections and may later provide grounds to suppress evidence obtained unlawfully. However, if officers decide to proceed with a search anyway, do not resist or physically interfere. The time to challenge the search is in court, not at the scene. At The Brancato Law Firm, P.A., we regularly litigate search-and-seizure violations involving homes, vehicles, and digital evidence, turning unlawful police conduct into a powerful defense advantage.

You’ve heard them on TV: “You have the right to remain silent. Anything you say can and will be used against you.” These rights protect you from self-incrimination during police questioning. When officers question you in custody without reading them, we move to suppress those statements. At The Brancato Law Firm, P.A., we scrutinize every interrogation in serious felony and sex-crime cases to identify Miranda violations that can weaken or exclude the State’s evidence.

No. Innocent people make harmful statements every day because they try to explain or defend themselves without understanding what investigators are looking for. Police are trained to interpret your words through the lens of suspicion. The best way to protect yourself is to remain polite, assert your right to remain silent, and contact an attorney immediately. At The Brancato Law Firm, P.A., we step in to control communication, protect your interests, and prevent misunderstandings from becoming criminal charges.

At arraignment, the court formally reads the charges and enters a plea—usually not guilty—so we can begin building the defense. A preliminary hearing or pretrial conference follows, depending on the type of case. These hearings allow us to review evidence, challenge probable cause, and begin negotiating or litigating critical motions. For clients, these early stages are often the first opportunity to see the strength—or weakness—of the State’s case. At The Brancato Law Firm, P.A., we use each appearance strategically to narrow the issues, protect your rights, and position the case for dismissal, negotiation, or trial.

Yes. False accusations occur more often than most people realize—especially in cases involving sex offenses, domestic disputes, or child-related allegations. A false accusation alone doesn’t end a case; we must prove it false through evidence, investigation, and cross-examination. At The Brancato Law Firm, P.A., we dissect motives, expose inconsistencies, and work with experts to demonstrate what really happened. When credibility collapses, the State’s case often follows.

Dress professionally, speak respectfully, and follow our guidance. Presentation affects perception, and perception influences outcomes. We prepare clients thoroughly.

Yes. You have that right at any time. We frequently take over cases midstream and rebuild a defense strategy that restores confidence and direction.

Public defenders are talented but often overburdened. As a private firm, we limit our caseload to provide individualized strategy and time—an advantage especially in complex or high-profile matters.

You cannot be forced to testify. We weigh the risks and benefits and prepare thoroughly if you choose to take the stand.

Yes. We regularly secure treatment-based alternatives to conviction. Our approach balances accountability with rehabilitation and long-term stability.

Yes. First-time offenders often qualify for diversion or reduced penalties. We highlight your background and potential to persuade the State and court to give you another chance.

Confidentiality is the foundation of every attorney-client relationship. We protect everything you share with us—conversations, documents, and digital records—under the law and handle it with the utmost discretion. We use secure communication systems, including encrypted email and a password-protected client portal, to safeguard sensitive information. This level of protection is especially critical in sex-crime and high-profile felony cases, where privacy concerns extend beyond the courtroom. At The Brancato Law Firm, P.A., you can speak freely knowing your information stays protected.

Sealing conceals your record; expungement erases it. We determine eligibility and handle every step of the process from petition to final order.

Yes. We handle appeals, motions to vacate, and sentence modifications. Our trial experience provides the foundation for identifying and correcting legal errors.