Frequently Asked Questions

The cost of defending you against criminal charges will vary depending upon the charges, the facts of your case, and other factors.  That’s why we have to do a consultation. 

At My DUI Guy, a Division of Ancient City Law we offer a variety of payment options including payment plans, flat fees, and structured payment schedules based on specific services rendered. We also offer discounts under certain circumstances. 

We provide a free consultation so that we can look at your case and establish a reasonable fee and we accept all major credit cards, cash, and checks, or a combination of the three.  Contact My DUI Guy, a Division of Ancient City Law today and schedule your free consultation because you have nothing to lose but your rights!

Because at Ancient City Law we believe you should only pay for the work we do on your case.  In most cases other attorney’s charge you a flat fee no matter how much work they do.  Whether they spend one hour, or a hundred hours on your case, the price is the same.  Some attorneys even include the cost for a trial in your flat fee, even if you don’t go to trial.  So, the question is: “Why should you pay for work that your Attorney doesn’t do”?  At My DUI Guy, a Division of Ancient City Law you only pay for the work done on your case!

Simply put, convenience and experience.  We will make your life easier and explain the process to you and your options so you can make the best possible decisions for your freedom, family, finances, and future. If you have been arrested, more likely than not, you want to move on with your life and get it behind you as soon as possible. At My DUI Guy, a Division of Ancient City Law we are here is to help you do just that. We handle every aspect of your criminal case from start to finish, so you don’t have to worry about a thing. 

As a Former Prosecutor and Former Circuit Court Judge, Attorney DuPont has handled thousands of first appearances, bond hearings, evidentiary hearings, and criminal cases, including DUI’s.  At My DUI Guy, a Division of Ancient City Law, we understand that everyone makes mistakes.  That’s why we are here to help you with your legal issues, and not judge them.

Public Defenders are hardworking attorney’s just like Private Attorney’s.  However, they have a much heavier caseload.  They also do not do civil or administrative issues like driver’s license issues.  Simply put, we have more time to devote to your case and we can assist in areas of your case where Public Defenders can’t. 

At My DUI Guy, a Division of Ancient City Law, we work hard to keep you informed and devote the time needed to help you get the best possible outcome on your case.  That’s why we offer before hours, after hours, and weekend appointments, and we return every call by the end of the day.

When you hire My DUI Guy, a Division of Ancient City Law, you can expect an experienced and qualified ally fighting in your corner from day one. As a Former Prosecutor and Former Circuit Court Judge, Attorney DuPont has established and maintained strong relationships in the legal community and built a reputation for being a hard-working advocate for his clients.  You can also expect to be updated and have every question answered along the way.  At My DUI Guy, a Division of Ancient City Law, it is important that you don’t just know what we are doing in your case, but why we are doing it.  That’s why we keep you informed every step of the way by maintaining close client contact and returning every phone call by the end of the day.

Under the Florida Bar rules of ethics and professional responsibility no attorney can guarantee a specific result.  However, based on the thousands of cases I have completed, I can advise you on the possible and likely outcomes based on my training and experience.

You have the right to represent yourself in your criminal case, but this is NEVER recommended, even if you are an attorney.  Even though you do not have formal training as an Attorney, under current law, the Court must treat you like an Attorney.  In the words of one of my former judicial colleagues, “Being your own lawyer in court is like being your own surgeon during brain surgery.”  If you are considering representing yourself in your criminal case, contact My DUI Guy, a Division of Ancient City Law for a free consultation today because if you make a mistake, sometimes that cannot be fixed.  

Whether you have been arrested, think you are going to be arrest, have a pending criminal investigation, or believe one will be opened, you need to speak with Ancient City Law immediately.  At My DUI Guy, a Division of Ancient City Law, we can put a plan in place in case you are charged or arrested so that if it happens, things will run more smoothly for you.  We can also begin speaking with the Prosecutor to negotiate a lower bond, allow you to turn yourself in, which can save you the embarrassment of being arrested publicly, and we can work to have your charges reduced or dismissed before being filed.

If you think that there may be a warrant for your arrest, you have the ability to search for your name on the Florida Department of Law Enforcement’s warrant website.  If you do have a warrant, you should contact My DUI Guy, A Division of Ancient City Law immediately to discuss your options.  Most of the time we can arrange for you to turn yourself in and assist in having your bond ready beforehand to minimize your time in custody.  We can also negotiate with prosecutors for a lower bond, reduced charges, or maybe even an outright dismissal.

Always be polite and cooperative. Arguing, struggling, or fighting will never make the situation better, and could lead to additional charges. Rarely will you be able to convince an officer to stop an arrest. Finally, call My DUI Guy, a Division of Ancient City Law as soon as possible.  Never forget that your best chance of winning your case is always in a court of law, and never on the street. 

After you have been arrested, you should contact attorney Scott C. DuPont, an experienced St. Augustine criminal defense attorney at Ancient City Law to determine your options. Sometimes after your arrest law enforcement will contact you with more questions.  Remember that you have the right to remain silent, and you do not have to provide a statement to law enforcement.

At My DUI Guy, a Division of Ancient City Law our goal is to make this process as easy for you as possible. Many of our clients do not ever have to step foot in a courtroom. Or if they do, it’s only on an “as needed” basis.  This is regardless of whether or not you live in Florida.  If you live out of county or out of State, we can waive your appearance at most court hearings, and even negotiate your reporting by phone or mail for probation.  In some cases, your probation can even be transferred to the State or County where you live. 

On average, less than 5% of criminal cases go to trial in State court, and less than 2% in Federal Court.  At My DUI Guy, a Division of Ancient City Law, we work hard to have your charges dropped, dismissed, or reduced. If the charges cannot be dropped, we will work with the State to come to the best possible resolution for your case.  Regardless, you and you alone will have to decide if your case goes to trial. 

Depending on the severity of the charge, jail time may be inevitable. In some instances, there may be a minimum mandatory prison sentence.  In other instances, you may score a minimum amount of incarceration unless you qualify for a downward departure.  However, hiring Ancient City Law could minimize your chances of going to jail because we fight the charges against you.

In most cases, this is the best possible outcome. If your case is dismissed, the charges are dropped, and the State no longer prosecutes your case.  If that happens, then you may be eligible to expunge or seal all record of the arrest and the charges like they never happened.  Contact Ancient City Law today to see if you qualify for a sealment or expungement.

In most instances, when you are arrested, you are typically brought to the local county jail for processing. This entails providing your biographical and personal information, which the police use to determine if you have any open warrants and/or criminal history.

If you are being arrested for a misdemeanor, the officer in some cases can decide not to book you in the county jail and provide you with what is called a notice to appear. If you have ever heard the term “written arrest”, this is what a notice to appear is; it is a summons or requirement that you appear before a judge on a specific date and time.  If this happens, call My DUI Guy, a Division of Ancient City Law immediately.                                                                             

If you are booked in the jail for a felony, you will be processed and depending on the charges, you will either have a schedule bond that you or a bondsman can pay OR you may have to physically see a judge the following morning. Cases like domestic battery require that you see a judge, even if they are misdemeanors.

No!  If you are being investigated for committing a crime, or have been arrested for committing a crime, you have the absolute right to remain silent under 5th amendment to the U.S. Constitution. When being interrogated and detained by the police, many times they are looking to lock you into a statement or place you at a specific location where a crime occurred. Most times, your best defense is to remain silent.  Politely tell the officer that you do not wish to answer any questions, and then you should LAWYER UP and tell them that you want attorney Scott C. DuPont from Ancient City Law.

When you are arrested in Florida, the first hearing you attend is a first appearance before a judge. This hearing is typically held within 24 hours of your arrest. It is at this time the judge determines if there is probable cause for your arrest, if you are eligible for a bond, and if so, how much it is, and whether you will be hiring a private attorney because if not, the Public Defender will be appointed to represent your interest. 

An arraignment is your time in a courtroom.  It takes place after formal charges are filed against you, and it is your first opportunity to enter a plea in your case. 99.9% of cases start with us entering a plea of NOT guilty for you. It is only until we have completed our due diligence and investigated all avenues and defenses in your case, that we entertain changing your previously entered plea unless we go to trial.

Felonies are usually more serious crimes and carry harsher penalties than misdemeanors. The maximum sentence for a misdemeanor is one year in jail or probation and up to a several thousand dollar fine depending on the charge. The maximum sentence for a felony is 30 years in prison and tens of thousands of dollars in fines. This does not include life and capital felonies, which are both extremely severe charges and punishable by life in prison.  Whether you are facing Misdemeanor or Felony charges you should contact Ancient City Law today to discuss your case. 

Yes, you do!  Florida if you are convicted of a Felony, you will lose certain Civil Rights including the right to vote, serve on a jury, hold public office.  More importantly, you lose your right to carry a firearm or own a gun.  A Felony conviction also restricts the issuance and renewal of some professional licenses such as real estate and insurance.

However, you may be able to have these civil rights restored!  Contact My DUI Guy, a Division of Ancient City Law today and see how we can help.

Yes!  Depending on the circumstances, you may be eligible to have your criminal record and charges expunged or sealed. In Florida, when someone wants to seal or expunge a case from their record, they must meet specific criteria to qualify.

For example, if you are charged with certain types of crimes, like sex crimes, regardless of whether the case was dropped, you CANNOT expunge or seal the case.  If you have ever been convicted of ANY crime, even something as minor as trespassing, you CANNOT seal or expunge a case. If you have been adjudicated delinquent as a juvenile, you CANNOT seal or expunge any case.  If you have already sealed or expunged a case in your past, you CANNOT seal or expunge a case.                        

However, if your case is not on the list of excluded crimes and all charges against you were dropped, you will likely be able to expunge your case. This means the record will be totally destroyed at the local police agency that arrested you and at the clerk’s office in the county which you were arrested. The only organization that will have a master file, which is NOT viewable to the public, is Florida Department of Law Enforcement (FDLE).  So how do I know if my case can be expunged or sealed?

If you plead guilty BUT were NOT convicted, meaning you received a WITHHOLD OF ADJUDICATION OR ADJUDICATION WITHHELD, then you will likely qualify to SEAL your case.If you completed a diversion program like drug court, pre-trial diversion, pre-trial intervention, or the like where your charges were dropped, then you would likely qualify to have your case expunged.Sealing a case has the same practical effect as expunging the case, meaning no record is viewable to the public, however, the record can be unsealed upon a signed order from a Judge.

It’s important to get your records expunged or sealed so that something like an arrest is only discoverable under limited means. It helps preserve your dignity, privacy, and possibly your future career.

At My DUI Guy, a Division of Ancient City Law we have many clients who live out of State but were arrested or charged while visiting or traveling through Florida. As stated earlier, our goal is to resolve your case as easily as possible, while keeping you out of the courtroom.  If you are a Non-Florida Resident charged with a crime, contact My DUI Guy, a Division of Ancient City Law today to see how we can make the criminal process easier for you.

The criminal justice system must treat everyone equally whether you are a U.S. Citizen, or not. As a Non-US Citizen, you have the right to remain silent, the right to an attorney in your criminal case, and you have the same Due Process rights as US Citizens.

However, the consequences of a criminal conviction for Non-US Citizens are not the same as US Citizens.  They can be more severe and have consequences that you will pay for the rest of your life. As a Non-US Citizen, not only do you face the risk of going to jail or having a criminal record that could affect getting jobs in the future, but the criminal case could also create a risk of deportation or prevent you from becoming a resident or U.S. citizen in the future.

As a non-U.S. citizen, it is extremely important that YOU and YOUR ATTORNEY treat your criminal case differently and with careful attention. Under the current law, you have the right to receive proper advice on the immigration consequences of your criminal case. At My DUI Guy, a Division Ancient City Law, we understand the potential immigration consequences of your criminal charges and are able defend you in your criminal case while trying to minimize those consequences.  Please see the Non-US Citizen tab on our website for further information. 

Bail is money or other property that is deposited with the court to ensure that you will return to court when you are required to do so. If you return to court as required, the bail will be returned at the end of the case, even if you are ultimately convicted. However, if you do not come to court when required or you violate your bail conditions, the bail will be forfeited to the court and will not be returned.   

You can be if a judge allows you to be “released on your own recognizance”, or “R.O.R’d.” This normally happens on less serious crimes and may require special conditions of release. 

You have two options when trying to pay someone’s monetary bond.  First you could pay the bond amount in cash at the jail, and when the case is over, it will be returned to you.  Second, you could pay a fee (usually 10% of the total bond) to a bondsman/bond company.  They will pay the other 90% of the bond and once the case is over, the full amount is returned to them.  Your fee for them paying the other 90% is the 10% you paid. 

Many factors come into play when determining how long your criminal case will last. For instance, how complex the matter is, your criminal history, the county in which you were charged, and if it is a misdemeanor or a felony are all considerations when determining how long your criminal case will take.

The complexity of a case will affect how long it takes. A simple misdemeanor might be resolved within a few weeks or a few months, while a felony case might last for several months or over a year. If the prosecution makes a reasonable plea offer early in the process or there are some motions to exclude evidence. the case will end much sooner than if it goes to trial.

In some cases, we have been able to get the charges dropped within 48-hours of the arrest.  Contact My DUI Guy, a Division of Ancient City Law today to discuss your case.

YES! You may be saying to yourself “why do I need a lawyer because I know I’m guilty. What could they possibly do?”  In the Criminal Justice System, it does not matter what you did, or what you did not do, but only what the State can prove. 

When you are arrested and charged with a crime the government is literally fighting to put you in jail, prison, convict you, and take away your rights. Do you want to go into that fight alone?

There have been many times we have represented guilty individuals, however, through our training and experience, were able to work out settlements that were advantageous to them and would not have been offered if they represented themselves.  Contact My DUI Guy, a Division of Ancient City Law. today and let us go to work for you!

If you are charged with a criminal offense in Florida, you are entitled to the statutory speedy trial rights provided under the law. The speedy trial time limit for a misdemeanor is 90 days. The speedy trial time limit for a felony is 175 days. Oftentimes, we waive speedy trial to give us the time we need to obtain discovery (reports, statements, evidence) in your case and prepare for trial.  Once speedy trial rights are waived, they can be recaptured by filing a demand for speedy trial. 

In Florida, you only have 10-days from the date of your ticket is written to apply for your Hardship License / Work Permit.  If you do not apply within that time period, you normally cannot obtain one for six months to a year depending on whether or not you refused to blow. 

If you are arrested for DUI, the officer normally takes your driver’s license.  The ticket you receive acts as your driver’s license for 10-days then it automatically expires.  Driving on a license that was suspended because of a DUI normally results in a separate criminal case and jail time.

If you have been arrested, ticketed, or charged with DUI contact My DUI Guy, a Division of Ancient City Law immediately so we can begin working to secure your Hardship License / Work Permit.   

When an officer requests you to do roadside exercises (FSE’s), their request is not a requirement. These exercises are voluntary, and you do NOT have to complete them if you choose not to. While there may be negative consequences from this choice, they are 100% voluntary.

However, the requirement to provide a breath sample is different.  This is a requirement and something you agreed to do when you received your driver’s license.  If you do not provide a sample of your breath your license will normally be suspended for a year.  If it is your second refusal or more then you will be charged with an additional crime and may not be eligible for a hardship license.

Either way, keep in mind that the more information you provide law enforcement in the form of roadside exercises and breath samples or blood tests, the more evidence they will have to use against you.  It’s a choice only you can make.   

If you have been falsely accused of a crime in Florida, you need to immediately contact My DUI Guy, a Division of Ancient City Law so we can help you.  If you have not already been charged, then there is a strong likelihood that an investigation is pending, and charges are coming in the near future.  The sooner we start working on your case the greater chance we have of stopping the false charges from being filed.                     

Just because you were not read your Miranda Rights does NOT mean you were not placed under arrest. It also does not mean your case will be thrown out. It only means that whatever you said before your Rights were read to you may be thrown out in court.

The two are the same.  A verdict of not guilty constitutes an acquittal. In other words, to find a defendant not guilty is to acquit. At trial, an acquittal occurs when the jury (or the judge if it's a non-jury trial) determines that the prosecution hasn't proved the defendant guilty beyond a reasonable doubt.

If arrested in the state of Florida, you have the right to remain silent, the right to have an attorney present, and the right to due process.

The goal of the adult criminal system is to punish, while the goal of the juvenile criminal system is to rehabilitate.  Even though they are different, the consequences of juvenile crimes can still be serious.  Under Florida law, juveniles (under 18) can be prosecuted for a wide variety of crimes. Juveniles can also be charged as adults under certain circumstances. 

As a Former Circuit Court Judge who has presided over thousands of juvenile criminal cases, Attorney DuPont has the experience to protect your legal rights.  If your child is a minor and has been charged with a crime, contact My DUI Guy, a Division of Ancient City Law today to schedule your free consultation.

Elements of a crime are the specific things the State has to prove in order for your to be convicted of that crime.  For example, the elements of the crime of DUI the State must prove are that 1) You were driving or in actual physical control of a vehicle, 2) You were under the influence of alcohol or drugs, and 3) Your normal faculties were impaired.  If the State fails to prove all three elements beyond and to the exclusion of every reasonable doubt, you will be found not guilty. 

The short answer is that no, you do not have to allow police to enter your home. The Fourth Amendment of the U.S. Constitution protects you against illegal search and seizure. This protection extends not just to your body, but also to personal property such as your home and vehicle.

However, there are a few exceptions to this rule. For example, if law enforcement presents a warrant that is signed by a judge, they are legally entitled to enter the premises, conduct a search, and obtain any items or documents as noted in the warrant. 

If the police are attempting to enter your home with a valid search warrant, which they must show you, contact My DUI Guy, a Division of Ancient City Law immediately.  If you try to stop them you could be arrested and receive additional charges.

Yes!  It is possible you can go to jail for just a “Minor Crime”.  Your best course of action to avoid jail time is to immediately call Attorney Scott C. DuPont, an experienced criminal defense attorney at Ancient City Law.

Florida’s Three Strikes law means a judge can give you a harsher sentence, up to life in prison, if you are convicted three times of certain violent felonies.

Sometimes numerous charges can be brought against you for one incident if multiple laws were broken during the incident.  Sometimes, all it takes getting the officer upset to have multiple charges on your arrest report.  However, that does not mean you will actually be charged with all of the charges.  The Prosecutor has the sole discretion on what you are actually charged with and is the one who formally charges you, not law enforcement. 

At My DUI Guy, a Division of Ancient City Law, we have seen instances where officers would write multiple charges on the arrest report, but the State would only officially charge one charge.  We have also seen instances where the officer would only charge one charge on the arrest report, but the State would charge additional charges, or more serious charges. 

That’s why it’s important to contact Ancient City Law as soon as you think you are being charged with a crime because the sooner we reach out to the Prosecutor before formal charges are filed, the greater chance we have of decreasing your number of charges. 

No!  It is almost never a good idea for you to contact the alleged victim in your case.  Depending on the type of crime there may be an injunction or restraining order in place preventing you from having any contact with the victim.  If this is the case, and you violate the injunction by having contact with the victim, even if the victim imitates the contact, you may be arrested and charged with additional crimes. 

Also, remember that the victim in your case is a witness, and contacting them may give the appearance that you are trying to threaten, intimidate, or harass them, which can also lead to additional charges.  However, since they are a witness in your case, we can contact and question them because you have a right to confront your accuser.

No!  At My DUI Guy, a Division of Ancient City Law, we strongly advise you to contact us before giving any statement to the police regarding an incident you were involved in. While you may have good intentions, most of the time what you can be twisted and used against you.  Remember, if you are under investigation, law enforcement is not your friend.  It is always a good idea to Invoke your 5th amendment right to remain silent and let us talk for you.

Yes!  If there is reasonable suspicion that you are involved in criminal activity, a police officer may lawfully detain you for a short period of time and ask for identification and your reason for being in a certain place.

No!  At My DUI Guy, a Division of Ancient City Law, we understand that being charged with a crime, or being under investigation is a time of significant stress, uncertainty, and challenge in your life.  We also understand it is essential to surround yourself with a proper support system.  However, it is rarely a good idea to talk to friends and family about your case.  It is also never a good idea to talk about your case on social media, or to discuss your case with the victim.

This is because that everything you say to friends and family about your case may be used against you in your case.  More importantly, discussing you case with friends and family can open them up to being called by the Prosecutor as a witness against you. 

Do you have any other questions there were not addressed in our FAQ’s?  If so, please contact My DUI Guy, a Division of Ancient City Law today and schedule your free criminal consultation today so we can answer them for you. 

Even though the legal system has taken great strides to assist litigants in representing themselves, we have seen many unfortunate instances where clients would come to us after the fact in order to correct mistakes they made along the way.  In many instances we are able to correct their mistakes after a lot of hard work, but in some instances the mistakes that were made cannot be corrected.

As one Judge states it: “trying to represent yourself and be your own attorney is like trying to do brain surgery on yourself and be your own doctor.”

No matter how simple your case may seem, you ALWAYS need competent legal representation whenever you are facing legal issues.