FAQ

Every firm client is charged a fee as well as expenses associated with the case. Most clients are charged according to a set fee structure, but there are occasions when our fees are negotiated.

Frank J. Gaviria Law Firm does accept all major credit cards (Visa, MasterCard, and American Express) and a variety of payment arrangements are considered.

Over the course of our careers, we have established a level of expertise in a certain kind of case as trial lawyers. We think it's best to focus upon those types of cases, rather than be a "jack of all trades." That is why we take cases involving serious crimes – white collar crimes, death penalty cases, violent crimes, etc. that have a high likelihood of going to trial.

It depends on the case and on what the prosecutor has in their file.

Once police finish their investigation, they hand the case to the government’s attorney: a federal prosecutor for federal charges, or a district attorney for state charges. That attorney then weighs how strong the case is, both legally and in terms of the evidence. They don’t want the case thrown out, so they have to decide how likely a conviction is and which charge best fits what they have.

Sometimes the prosecution decides a plea deal is its best option. If you accept, their job is done and they move on to the next case. A plea isn’t always in your best interest, though. In some cases, an offer can signal that the prosecution has doubts about its case, and that it could struggle in front of a jury against a strong defense.

Each path takes a different amount of time. A full trial takes the longest, and a plea agreement is usually faster. Getting the charges dismissed outright can be the fastest of all, when the facts support it.

We want to get you back to your life as quickly as possible, but never at the cost of accepting a deal that isn’t right for you. We enjoy trying cases, and we’re good at it, but we also understand that going to trial can be frightening for you and your family.

The bottom line is that we fight for the best possible outcome in your situation, and the fastest way out isn’t always the best one. Every case is different, and we’ll help you understand your options at each step.

First, capital punishment, or the death penalty, is not available in every state. Only 37 states, and the federal government, provide for execution as a punishment for violation of the law.

Florida does allow for the death penalty, and is second only to Texas in the number of defendants executed by law each year. (The other three in the top five are Oklahoma, Virginia, and Missouri.)

Second, under federal law and state law, the death penalty is only available for certain, specific crimes. Certain types of murder carry the death penalty in Florida, for example, as does treason under federal law.

Third, before the death penalty can be imposed upon a defendant, the jury must "meaningfully consider" mitigating and aggravating factors in the case, to decide whether or not death is an appropriate punishment in the case. These factors include not only the circumstances surrounding the crime, but the defendant's background, character, age, mental health, and physical/mental development.

Children cannot be executed in this country. Defendants that have certain physical disabilities cannot be executed, either.

Therefore, before the death penalty can be imposed, the defendant must be found guilty of a crime for which that punishment is available. After that, circumstances that balance between judgment and mercy must be weighed by the jury and the judge before death will be decided.