Criminal Law FAQs

The following are commonly asked questions:

There is one place to turn in Ocala if you have been accused of a crime

If criminal charges have been brought up against you, contact P. Bobby Rumalla, P.A. to set up a consultation.

What are my rights if I have been accused of a crime?
Those accused of crimes have a number of rights guaranteed by the U.S. Constitution.  These rights include:

  • The right to avoid self-incrimination
  • The right to competent legal representation
  • The right to reasonable bail
  • The right to a fair and public trial
  • The right to be informed of the charges against you
  • The right to be confronted with the witnesses against you and to gather witnesses of your own
  • The right to a speedy trial
  • The right to face your accusers

The person accused of the crime is also presumed innocent until proven guilty.  This means the prosecutor has the burden of proving beyond a reasonable doubt that you committed the criminal act in question.  You do not have to do anything or say anything to prove you are innocent.

What should I do if I have been arrested?
If you have been arrested, answer all questions about your identification like your name, address, and birth date truthfully.  While you have the right to refrain from answering self-incriminating questions, lying is never a good idea.  Giving officers a hard time during the arrest process is also not beneficial and will make things tougher on you.

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What should I do if I get a call that a loved one has been arrested?
Try to gather as much information as possible about the arrest and write it down, then call an experienced criminal lawyer like Bobby Rumalla.  These questions may help:

  • What are the name, birth date, and Social Security number of the arrested person?
  • What has he or she been charged with?
  • What law enforcement agency made the arrest?
  • Where is the arrested person being held?
  • Has bail been set and, if so, what is the amount?

How do I get out of jail after an arrest?
If bail has been set, the only way to get the person out of jail is to pay the bond for his or her release.  A bail bond is like insurance and it means that the accused person must agree to appear at all subsequent legal proceedings.  Failure to do so can result in forfeiture of the bond, the issuance of an arrest warrant, and the loss of subsequent bail privileges.  In certain criminal cases bail may be denied.  If the judge believes there is a high risk that the accused person will flee, or if he or she has been charged with a serious crime like murder, bail may be denied.

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Why should I hire a criminal defense attorney?
The importance of competent legal representation is so great that the Constitution guarantees every criminal defendant the right to an attorney.  A criminal attorney knows the laws and court customs relevant to your case, and can apply this knowledge to protect and maximize your legal interests.  No matter what your legal situation, a criminal lawyer will help you more than you could help yourself by going it alone.  Most judges will not even consider a plea bargain from a defendant without legal representation.

What is the difference between a misdemeanor and a felony?
Most crimes are divided into two categories, based on the severity of the crime—misdemeanor and felony.  State law governs which crimes are considered more serious than others.  A misdemeanor is a crime where the maximum penalty is one year or less in state prison, in addition to fines, probation, and community service.  A felony is a more serious crime that can subject those convicted to jail time for more than one year and, in the most extreme felonies, may warrant capital punishment.  Felony charges also bring a number of other legal repercussions if the defendant is convicted. Bobby Rumalla can maximize your chance that your crime is charged as a lesser offense.

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What types of punishments do I face if convicted of a crime?
Sentencing can vary depending on the location of the case, the crime, the judge, sometimes jury, and other specifics of the case.  A punishment for a particular crime may be governed by the federal sentencing guidelines, and the judge does not have a big impact on determining the punishment.  In other cases, the sentence is up to the judge's discretion. Here, the judge considers several factors when determining a punishment.  The most common punishments for a criminal conviction include:

  • Jail, prison, or other detention facility sentence
  • Punitive fines
  • Restitution or compensation to the victim
  • Probation
  • Community service

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