Burglary and Robbery in Florida

Burglary is entering a dwelling, structure or conveyance with intent to commit an offense inside (unless open to the public or the person was invited), or remaining inside secretly or after permission is withdrawn with that intent. It is a third-degree felony (up to 5 years) for an unoccupied structure or vehicle; a second-degree felony (up to 15 years) for any dwelling, occupied or not, or an occupied structure or vehicle; and a first-degree felony punishable by up to life if the burglar commits an assault or battery, is or becomes armed with explosives or a dangerous weapon, uses a vehicle to damage the building, or causes more than $1,000 in damage. Robbery is taking money or property from a person or their custody by force, violence, assault or putting in fear. Robbery without a weapon is a second-degree felony (up to 15 years); carrying a weapon makes it a first-degree felony (up to 30 years), and carrying a firearm or other deadly weapon makes it a first-degree felony punishable by up to life.

Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52

Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.

How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.