What does a Pinellas County criminal defense attorney do?

A criminal defense attorney protects your rights at every stage of a case. We can step in to protect you during police questioning, challenge an unlawful stop or search, negotiate with the Sixth Judicial Circuit State Attorney’s Office for reduced charges or a lighter sentence, and present well-prepared arguments on your behalf at trial in the Pinellas County Criminal Justice Center in Clearwater.

The timing of that first call matters. The earlier we are involved, the more we can do, because it is far easier to keep a charge from being filed than to undo one after the fact. We handle every kind of Florida criminal charge, from a first-time DUI to a serious felony, and you work with Brian directly at every step, never a junior associate.

DUI defense in Pinellas County

Pinellas County is one of the busiest DUI jurisdictions in Florida. The Sheriff’s Office, the St. Petersburg, Clearwater, and Largo police departments, and the Florida Highway Patrol all run active enforcement. After an arrest, you are booked into the Pinellas County Jail, and your case is prosecuted through the Criminal Justice Center at 14250 49th Street North in Clearwater.

The first is to request a formal review hearing. This challenges the suspension head-on. Request it in time and we can usually secure a 42-day permit so you keep driving while the hearing is pending, and if we win, the suspension comes off your record entirely. The second path, open to first-time offenders, is to waive the hearing and apply right away for a Business Purposes Only hardship license by enrolling in DUI school. That avoids the hard suspension period, the 30 days with no driving for a breath or blood result, or 90 days for a refusal, but the administrative suspension then stays on your record for good.

There is a real trade-off here. Fighting the suspension can clear it completely, but if we lose, you serve the hard time. Waiving it gets you back on the road immediately, at the cost of a permanent mark. We walk every client through both options at the start, because that first decision shapes the rest of the case.

Under Florida Statute § 316.193, the legal limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for anyone under 21. A Florida DUI conviction cannot be sealed or expunged, so the choices you make in the first days carry real weight.

The penalties are serious. A first conviction can bring up to six months in jail, a fine of $500 to $1,000, 50 hours of community service, DUI school, and a license revocation of six months to a year. When the breath reading is 0.15% or higher, or a child was in the vehicle, the exposure rises to as much as nine months in jail and a fine of $1,000 to $2,000.

A high breath reading does not decide the case. The Intoxilyzer 8000, the instrument Florida uses, must be calibrated and maintained on a documented schedule. Field sobriety exercises must follow set procedures. Every traffic stop must have a lawful basis. When one of those requirements fails, part of the State’s case fails with it. Many first-time offenders also qualify for Pinellas County’s D.R.O.P. program (the DUI Rehabilitation of Offenders Program), which can reduce a DUI to reckless driving after community service, DUI school, and a victim impact panel. A BAC over 0.15%, a crash involving injury, or a prior arrest generally removes that option, and we will tell you early and honestly whether it applies to your case.

Other criminal charges we defend in Pinellas County

DUI is one part of our practice. We defend the full range of criminal cases in Pinellas County, and the same former-prosecutor approach applies to each of them.

• Assault & battery: from simple misdemeanor battery to aggravated felony charges involving weapons or serious injury.
• Domestic violence: cases that carry no-contact orders, firearm restrictions, and lasting family consequences, often built on a single 911 call.
• Drug offenses: possession, sale, and trafficking of controlled substances, where illegal searches and lab-testing issues frequently create defenses.
• Theft & property crimes: petit and grand theft, shoplifting, burglary, and fraud, where intent and value are often contestable.
• Violent & serious felonies: including weapons charges and offenses that carry mandatory-minimum prison terms.

No matter the charge, we begin the same way. We identify exactly what the State must prove, and we work to take it apart, one element at a time.

For many first-time and lower-level cases, the goal is to keep a conviction off your record entirely, and Pinellas County offers real paths to that. The Adult Pre-Arrest Diversion program (APAD), run by the Pinellas County Sheriff, can let eligible people resolve a first-time misdemeanor without a formal arrest record. For cases that have already been charged, the Sixth Circuit’s Pretrial Intervention program (PTI) is open to defendants with little or no prior record on certain misdemeanors and non-violent felonies, and finishing it gets the charges dismissed. At the front end, Pinellas uses a standard bond schedule at the jail on 49th Street North, so for many misdemeanor and lower-level felony charges you can post a set bond and be released without waiting for a judge. More serious charges are held for a first appearance, where we argue for a reasonable bond and conditions that let you go home.

What should I do after an arrest in Pinellas County?

After booking into the Pinellas County Jail, most people see a judge within 24 hours at a first appearance, where the court sets bond and the conditions of release. From there, the Sixth Judicial Circuit State Attorney’s Office prosecutes the case at the Criminal Justice Center in Clearwater.

A DUI arrest also opens two cases at once, one with the DMV over your license and one in criminal court, and each has its own deadline. The timeline below shows how the first days unfold.

Why choose a former prosecutor for your Pinellas County case?

There is a real difference between a defense lawyer who has only seen a case from one side and one who has stood at the prosecution table. Before founding this firm, Brian Palacios spent years as a State Prosecutor for Florida’s 13th Judicial Circuit.

A Florida Bar license is statewide, so that experience is not confined to one county. The insight Brian gained prosecuting cases in the 13th Circuit applies directly across Tampa Bay, including Pinellas County and the Sixth Judicial Circuit, where he defends clients today. He knows how prosecutors on this side of the bay build their cases, and how the courts at the Clearwater Criminal Justice Center actually run.

Because we can think like prosecutors and see both sides, we understand how the State weighs evidence, makes charging decisions, and decides when a case should be dismissed, diverted, or reduced. We know what makes a prosecutor confident, and we know where these cases tend to be weak. Finding that weakness and pressing on it can change how a case ends.

The record backs it up. Over 15 years and thousands of cases, Brian has earned a 10.0 Avvo rating and a Client’s Choice Award, recognition from Expertise.com as a Best DUI & Criminal Defense Lawyer, coverage on NBC 8 Tampa, and an Attorney of the Year honor. Brian handles your case personally, from the first call to the final resolution, and he will not back down in defending you. Call Brian Palacios Law, and we will tell you honestly where you stand.

Where we serve in Pinellas County

We represent clients across all of Pinellas County, from Tarpon Springs at the north end to the Gulf beaches and down to St. Petersburg. One point is worth knowing up front: wherever you were arrested in the county, your criminal case is heard at the Pinellas County Criminal Justice Center in Clearwater, and that is where we appear. The community you were stopped in does not change the courthouse, but it does change which police department is involved and how the case tends to be handled.

Communities we serve include:

• North Pinellas: Tarpon Springs, Palm Harbor, Dunedin, Oldsmar, and Safety Harbor.
• Mid-county: Clearwater, Largo, Seminole, Pinellas Park, Belleair, and Belleair Bluffs.
• South Pinellas: St. Petersburg, Gulfport, Kenneth City, and South Pasadena.
• The Gulf beaches: Clearwater Beach, Indian Rocks Beach, Indian Shores, Madeira Beach, Treasure Island, St. Pete Beach, and the Redington beaches.

Arrests in these areas involve the Pinellas County Sheriff’s Office along with city police in St. Petersburg, Clearwater, Largo, Pinellas Park, Tarpon Springs, Gulfport, and other municipalities, plus the Florida Highway Patrol on the interstates. Enforcement runs heavily along US-19, Gulf-to-Bay Boulevard, Interstate 275, the Gandy Bridge, and the beach approaches on weekends and holidays. No matter which agency made the arrest or where in Pinellas County it happened, we are ready to help.

Frequently asked questions about Pinellas County criminal charges

Here are the questions we hear most often from people facing charges or an investigation in Pinellas County. If your question is not here, call us and we will give you a straight answer.

Do I need a criminal defense attorney if I have not been arrested yet?

Yes, and that is often the best time to call. If you believe you are under investigation, involving a lawyer early can keep you from saying something you cannot take back, and it can sometimes stop charges before they are filed. Preventing a charge is far easier than undoing one.

Should I talk to the police after an arrest in Pinellas County?

No. Tell the officers, politely, that you will not answer questions until you have spoken with a lawyer, and then stay quiet. Do not discuss your case with cellmates or on a jail phone, because those calls are recorded. Almost anything you say early can be used to build the case against you.

How long do I have to save my license after a DUI arrest in Pinellas County?

Ten days. You must request a formal review hearing with the Florida DHSMV within 10 days of your arrest, or your license is suspended automatically on day 11. Request it in time, and you can usually keep driving on a 42-day permit while the case moves forward. This deadline is separate from your criminal case.

What is the D.R.O.P. program in Pinellas County?

D.R.O.P. is the DUI Rehabilitation of Offenders Program, run by the Sixth Judicial Circuit State Attorney’s Office. For eligible first-time offenders, it can reduce a DUI to reckless driving after they complete community service, DUI school, and a victim impact panel. Whether you qualify depends on your BAC and the facts of your case.

What is the BAC limit for a DUI in Florida?

The limit is 0.08% for adult drivers, 0.04% for commercial drivers, and 0.02% for anyone under 21. A breath reading of 0.15% or higher brings tougher penalties, though a high number is not the same as a conviction.

Where are criminal cases heard in Pinellas County?

Adult criminal and DUI cases are heard at the Pinellas County Criminal Justice Center at 14250 49th Street North in Clearwater, and prosecuted by the Sixth Judicial Circuit State Attorney’s Office.

How much does a criminal defense attorney cost in Pinellas County?

It depends on the charge and the complexity of the case. We handle most matters on a flat fee, so you know the cost up front, and we offer payment plans. Some cases are better suited to a retainer, and we will tell you which applies to yours. We also make clear what the fee covers, whether that is the pre-trial and negotiation stage or the case all the way through trial, because a trial takes far more time and is quoted separately.

As a rough range, a simple misdemeanor may start around a few thousand dollars, while serious felonies cost considerably more. We go through all of it at your free consultation, because the right lawyer is an investment in your future, not the place to look for a bargain.

Talk to a Pinellas County criminal defense attorney today

An arrest is not a conviction. Until someone stands up and challenges it, the charge is only the State’s side of the story. We protect the presumption of innocence, we guard your rights, and we push back for the people the system is too quick to write off. Call us and you will reach a former prosecutor who will hear you out, tell you honestly where you stand, and get to work right away. Whatever the charge in Pinellas County, do not try to handle it by yourself, and do not wait, because the clock is already running.

Call (813) 461-3457 for a FREE consultation, 24/7