West Palm Beach Criminal Defense Trial Lawyer(s)

To begin, one must interview lawyers and take the time to do the research. Consider the following when making your selection:

Legal Representation is crucial: When you are facing a criminal charge in West Palm Beach, Palm Beach County, or anywhere in Florida, the attorney you choose is one of the most important decisions you will make. A criminal case can affect your freedom, your reputation, and your future. People who want the best possible defense look for an attorney with experience, judgment, discipline, and a respected presence in the courtroom. That is why clients choose attorney Roger P. Foley.

Exceptional criminal defense requires far more than simply showing up to court. It requires a lawyer who understands how cases move through the Palm Beach County Courthouse, how judges operate, and how prosecutors approach different types of charges. It also requires the ability to evaluate evidence, identify weaknesses in the State’s case, anticipate challenges, and develop a strategy grounded in law and preparation. This is the standard of high-end representation, and it is the standard that Mr. Foley delivers.A skilled criminal defense attorney ensures fair trials and safeguards individuals' rights during legal proceedings. A top-tier West Palm Beach (WPB) lawyer not only navigates Palm Beach County Courthouse intricacies but also understands each judge's courtroom conduct. Exceptional or highly rated lawyers combine these traits while prioritizing client treatment, earning respect and success.

Perception of Fairness and Justice: Hiring a criminal defense attorney is not about finding the cheapest option. It is about finding someone capable, experienced, and honest. Clients who hire attorney Foley want a lawyer who can guide them through one of the most serious moments of their lives with clarity, competence, and professionalism. They want someone who prepares thoroughly, communicates directly, and approaches every case with discipline and focus.

Trust and Confidence: Trust is essential. Clients need an attorney who explains the law clearly, gives realistic assessments, and never makes promises that cannot be kept. High-level representation means refusing to rely on gimmicks or guarantees. It means providing honest guidance and strategic counsel. Roger P. Foley is known throughout Palm Beach County and across Florida for giving clients the truth and preparing every case with precision.

Ethical Considerations: Ethical representation requires integrity. Mr. Foley never makes guarantees, claims influence with judges or prosecutors, or relies on gimmicks. His approach is based on preparation, knowledge of the law, and careful strategy. Clients know they are receiving honest, high-quality legal guidance.

Media and Popular Culture Influence: Media portrayals often create unrealistic expectations about criminal defense work. Real defense requires time, analysis, and strategy. It requires a lawyer who studies the evidence, understands Florida law, and plans several steps ahead. Attorney Foley is grounded and direct. He explains exactly where you stand, how the law applies, and what options exist for your case.

Local experience can provide a valuable advantage because understanding the procedures, courtroom culture, and patterns in West Palm Beach and Palm Beach County allows for more effective preparation. However, representation is not dependent on personal relationships. Prosecutors do not decide cases based on who I know. What makes the difference in a courtroom is preparation, mastery of the law, attention to the rules of evidence, and strategic thinking. That same approach is why I accept cases throughout the State of Florida. Whether a case is in West Palm Beach, Miami, Orlando, Tampa, Key West, or any other Florida jurisdiction, thorough analysis and preparation give clients a real chance in a courtroom battle.

Attorney Roger P. Foley offers a detailed fifty minute paid consultation for one hundred fifty dollars. This consultation is designed for people who want a serious, professional evaluation of their case. During the consultation, he reviews your version of events, examines any available evidence, analyzes the Florida statutes that apply, compares your facts with relevant case law, and explains potential defenses and strategies. This level of work cannot be accomplished in a brief five minute conversation.

Before scheduling a paid consultation, Mr. Foley provides a brief five minute screening call at no cost. This call is only to confirm that your case is appropriate for a full consultation. It is not legal advice or a strategy session.

To schedule your fifty minute paid consultation, use the secure payment link. After payment, call our office to schedule your consultation during normal business hours. After hours or emergency consultations are billed at a different rate.

Attorney Foley represents clients throughout West Palm Beach, Palm Beach County, and the State of Florida. Every case receives the same level of thorough, strategic, and high-quality defense, whether local or statewide.

Referrals are always appreciated. If someone you know is facing criminal charges in West Palm Beach, Palm Beach County, or anywhere in Florida, please have them contact the office at any time.

Do you only handle criminal cases in West Palm Beach?
No. While I have extensive experience in West Palm Beach and Palm Beach County courts, I also accept criminal defense cases throughout Florida. My approach relies on preparation, knowledge of the law, and courtroom strategy, not personal relationships with prosecutors.

What types of criminal cases do you handle?
I handle a wide range of criminal cases, including DUIs, drug charges, theft, domestic battery, probation violations, and serious felony charges. Every case receives thorough review, careful strategy, and experienced representation.

How does your paid consultation work?
I offer a fifty-minute paid consultation for $150. During the consultation, I review your version of events, any evidence, and relevant Florida statutes and case law. This is a detailed, professional assessment designed to provide strategic guidance. I also offer a brief five-minute screening call at no cost to confirm that your case is appropriate for a full consultation.

Why should I hire you over other criminal defense attorneys?
Clients choose me for my extensive experience, strategic approach, and ethical, high-end representation. I prepare every case thoroughly, explain options clearly, and focus on giving you the strongest defense possible. I do not rely on gimmicks or promises, but on careful preparation, knowledge, and advocacy.

Can you represent clients outside Palm Beach County?
Yes. I handle criminal cases anywhere in Florida. Preparation, knowledge of the law, and attention to the rules of evidence are what make the difference in court, whether a case is local or statewide.

What if I am unsure about my current representation?
If you are uncertain about your current representation or believe you may have hired the wrong attorney, you are free to seek a second opinion. Attorney Foley regularly evaluates ongoing cases for clients who want a more experienced and strategic perspective.

Back to Top

Facing criminal charges can be intimidating, especially if you are unfamiliar with the legal system. Understanding what to expect and how the process works is essential for making informed decisions and protecting your rights. At the law office of Roger P. Foley, we guide clients through each stage of the criminal process with clarity, expertise, and strategic insight. Our experienced attorneys provide detailed explanations, professional advice, and personalized support to help you navigate complex legal proceedings. If you need a skilled criminal defense trial lawyer, contact our West Palm Beach office to discuss how we can assist you in defending your case.

Back to Top

After an arrest, a defendant is typically brought before a court within forty-eight hours for a hearing called a First Appearance. While Florida law generally requires this appearance within twenty-four hours, the timing can vary depending on when the arrest occurs. For example, someone arrested late at night may not appear until the next available docket, which could extend the wait to forty-eight hours.

The First Appearance serves several important purposes. The judge reviews the probable cause affidavit, usually the police report, to determine whether there is enough evidence to justify the arrest. Probable cause is a very low standard of proof, far lower than the burden prosecutors must meet to secure a conviction at trial. In practice, probable cause is almost always found. If the judge determines probable cause exists, they set bond and any associated conditions. In rare cases where probable cause is not found, the defendant may be released without posting bond, often referred to as being released on one’s own recognizance or ROR. Even when there are minor issues in the police report, the state attorney may request additional information before filing charges.

Many people assume they must hire a private attorney immediately for a First Appearance, but in most routine cases this is not necessary. Standard bond amounts in Florida are often predetermined based on the type of charge. For example, a trespassing charge or petty theft often has a set bond amount listed by the court, leaving little room for legal argument. In these cases, the public defender can provide competent representation for a minimal application fee, usually around seventy-five dollars.

In Palm Beach County, judges often impose Supervised Own Recognizance or SOR as a bond condition. SOR requires defendants to report regularly to the court, check in weekly, or follow other reporting requirements in addition to posting bond. While intended to ensure compliance, SOR can be unnecessarily burdensome for individuals who are presumed innocent until proven guilty. When a monetary bond is already set, additional SOR conditions are often redundant. At the law office of Roger P. Foley, we advocate for straightforward bond conditions whenever possible, negotiating for simple monetary bonds without additional reporting requirements to reduce unnecessary complications.

A private attorney’s presence becomes critical in more serious cases such as drug trafficking, burglary, or violent felonies. Experienced counsel can challenge probable cause, advocate for favorable bond conditions, or address SOR restrictions when appropriate. For routine, lower-level offenses, hiring a private attorney immediately is often unnecessary and can result in extra costs without improving the outcome. At the law office of Roger P. Foley, we focus on providing high-level, strategic representation where it truly matters, ensuring that client rights are fully protected throughout the initial stages of the criminal process. Back to Top

During the First Appearance, the judge reviews the probable cause affidavit, which is usually the police report submitted by the arresting officer. The purpose of this review is to determine whether there is sufficient evidence to justify the arrest.

It is important to understand that probable cause is a much lower standard of proof than what prosecutors must meet to secure a conviction at trial. While the burden at trial is beyond a reasonable doubt, probable cause only requires enough evidence to reasonably believe that a crime occurred. In practice, probable cause is almost always found.

If the judge determines that probable cause exists, they will set bond and any associated conditions. In rare instances where the judge finds that probable cause does not exist, the defendant may be released without posting bond. This is often referred to as being released on one’s own recognizance or ROR.

Even when there are minor defects in the police report, the state attorney may request additional documentation or investigation from the arresting officer before deciding whether to formally file charges. This process ensures that all relevant facts are reviewed and that the case proceeds appropriately.

Back to Top

After probable cause is established at the First Appearance, the judge sets a bond amount. The defendant may secure release by paying a bondsman ten percent of the bond or by posting the full cash amount. Posting bond allows the defendant to return home while the case moves forward. If a private attorney has not yet been retained, it is important to do so promptly.

Standard bond amounts in Florida are often predetermined based on the type of charge. For example, petty theft or trespassing typically has a set bond amount determined by the court. However, bond conditions can vary depending on the severity of the offense, prior criminal history, and other factors the judge considers relevant.

In Palm Beach County, judges may also impose Supervised Own Recognizance, or SOR, as a condition of bond. SOR requires defendants to report regularly to the court, check in weekly, or follow other reporting requirements. While intended to ensure compliance, SOR can be burdensome for individuals who are presumed innocent until proven guilty. When a monetary bond is already set, additional SOR requirements are often unnecessary. Experienced counsel can help negotiate clean, straightforward bond conditions whenever possible.

Felony cases that carry a potential life sentence are not entitled to bond at the First Appearance. In these cases, the defendant must request a separate bond hearing, known as an Arthur Hearing, before the trial judge. At the Arthur Hearing, arguments can be made regarding bond eligibility, the amount, and any conditions for release.

Understanding the bond process is critical because it defines the defendant’s freedom while preparing a defense. In many routine cases, such as bonds of one thousand, two thousand, or five thousand dollars, posting the bond through a bondsman may resolve the matter without the need for additional arguments or hearings. When necessary, an experienced criminal defense attorney can advocate for reasonable bond conditions, address unnecessary restrictions, and ensure the defendant’s rights are fully protected.

Back to Top

Being arrested and charged by the police does not automatically mean that the State Attorney’s office will file formal charges. After an arrest, the police submit a packet of evidence used to justify the arrest to a case filing attorney. The case filing attorney is the prosecutor responsible for reviewing the evidence and deciding whether to file the charges as presented, reduce the charges, increase them, or decline to file altogether.

Typically, within the first seven to thirty days following an arrest, the State Attorney’s office will make a filing decision. The defendant’s attorney will quickly determine which prosecutor has been assigned as the case filing attorney and may provide information regarding the defendant’s version of events. The goal is to have charges reduced or declined if the evidence or circumstances support it. The defendant is not present during this review process.

A highly skilled and organized attorney can make a significant difference during the case filing process. In many instances, strategic advocacy at this stage has resulted in life felony charges being dismissed entirely or reduced to lesser offenses, including misdemeanors. This illustrates why the choice of attorney matters so much. Attorneys who proactively engage with the State Attorney’s case filing or intake units, carefully review evidence, and present a client’s version of events can achieve far better outcomes than those who wait until formal charges are filed.

If the defendant remains in custody and no filing decision is made within thirty-three days, the judge may release the defendant on their own recognizance.

Back to Top

In Florida, the State Attorney’s office has the exclusive authority to decide whether criminal charges will be formally filed against a defendant. While victims or witnesses may provide input, the filing attorney has the final decision. Even if a victim requests that charges be dismissed or chooses not to pursue the case, the prosecutor may still proceed based on the evidence and circumstances of the alleged offense.

Florida law also grants the State Attorney the authority to issue subpoenas to compel victims or witnesses to appear in court. Failure to comply with a subpoena can result in a judge issuing a pick-up order, requiring law enforcement to bring the individual before the court. An experienced attorney can advise defendants on how to respond appropriately and help ensure their rights are protected throughout this process.

Understanding this discretion is important because the filing decision often sets the trajectory of the case. This includes the severity of charges, potential plea negotiations, and the overall defense strategy. A skilled criminal defense attorney can:

• Ensure the defendant’s version of events is clearly presented to the prosecutor.
• Highlight any factual or legal issues that could influence the filing decision.
• Advocate for reduced or dismissed charges when the evidence and circumstances support it.
• Monitor deadlines and procedural requirements to protect the defendant’s rights.

By appreciating the sole discretion of the State Attorney and working with a knowledgeable attorney, defendants are better positioned to navigate the early stages of their case effectively.

Back to Top

The arraignment is the first formal court hearing in the Florida criminal justice system where the charges filed by the State Attorney are read to the defendant. At this hearing, the defendant typically has three options:

• Plead Guilty (not recommended)
• Plead Not Guilty (recommended)
• Plead Not Guilty and apply for a Pre-Trial Diversion Program (recommended)

Pleading Guilty or No Contest at arraignment is generally a poor decision. It does not allow enough time for a West Palm Beach criminal defense attorney to review the evidence, evaluate defenses, or develop the strongest legal strategy. In some cases, a plea at arraignment may be recorded as a “time served” sentence, meaning the defendant has been found guilty and the time already spent in jail satisfies the sentence. While this may seem like a way to move the process along, it can have significant long-term consequences, including:

• Difficulty securing employment
• Challenges in renting or leasing property
• Suspension of driving privileges
• Permanent criminal record and status as a convicted felon

Defendants should never feel pressured by the court, prosecutors, or anyone else to enter a plea at arraignment. Some individuals may plead without consulting an attorney simply because they are scared or want to expedite the process. This can be a serious mistake that limits future legal options.

A skilled Florida criminal defense attorney can guide the defendant through the arraignment, protect their rights, and advise on the best next steps. Early legal guidance helps ensure all options remain available and prevents errors that could affect the outcome of the case.

Back to Top

After a defendant pleads Not Guilty, a highly experienced West Palm Beach criminal defense attorney will request Discovery from the prosecutor. Discovery provides access to all evidence the State of Florida intends to use against the defendant. Reviewing this evidence allows the attorney to identify potential defenses, evaluate strengths and weaknesses, and develop a strategic plan tailored to the client’s situation.

Discovery materials generally include:

• Police reports and incident reports
• Video and audio recordings, including body camera or surveillance footage
• Photographs related to the alleged incident
• 911 call recordings
• CAD (Computer-Aided Dispatch) reports
• Witness statements and contact information
• Any additional evidence collected by law enforcement relevant to the case

Under Florida Rule of Criminal Procedure 3.220, defendants are entitled to request Discovery from the State. In practice, obtaining materials can be challenging. Agencies such as the Palm Beach Sheriff’s Office may require formal requests, online ordering, and payment for copies. At times, materials may be redacted or delayed, and attorneys may need to file motions to obtain complete records. While Florida law provides a right to access evidence, the process is not always straightforward or timely.

It is common for the State Attorney to provide Discovery along with an initial plea offer. A careful review ensures the defendant understands the evidence against them and allows their trusted Florida criminal defense attorney to determine whether the plea offer is appropriate or if other defenses should be pursued.

A leading West Palm Beach criminal defense lawyer uses Discovery not only to assess the case but also to prepare motions, challenge evidence when appropriate, and advocate for the most favorable outcome. Early and thorough review of Discovery remains one of the most important steps in building an effective defense in West Palm Beach and throughout Florida.

Back to Top

A plea bargain is an agreement between the State Attorney’s office and a defendant in which the defendant agrees to accept a negotiated sentence instead of proceeding to trial. The goal of a plea bargain is to secure a more favorable outcome than what might result from a conviction after a full trial. Plea agreements also help courts manage caseloads efficiently, resolving cases without lengthy proceedings. Research shows that the vast majority of criminal cases, approximately ninety-four percent, are resolved through plea negotiations.

Defendants may accept a plea bargain for several reasons:

• They are actually guilty and seek a reduced penalty.
• Fear of incarceration leads some defendants to accept a plea even if they maintain their innocence.
• Trials can be expensive, and some defendants cannot afford the financial burden of going to court.
• Some defendants believe the process is unfair or do not trust that a judge or jury will accept their version of events.
• Inadequate legal preparation or lack of confidence in their attorney may lead defendants to take a plea rather than risk trial.

While defendants can always plead without representation at no cost, a top-rated criminal defense attorney can make a significant difference in the outcome. Expert attorneys can negotiate reductions in charges, such as lowering a life felony to a misdemeanor or reducing the degree of a felony.

It is critical never to accept the first plea offer. Initial offers are often unfavorable. A dedicated attorney like Roger P. Foley analyzes the law and evidence, develops creative strategies, and advocates vigorously to reduce charges and penalties. Investing in professional legal representation ensures the defendant has the best chance for a favorable resolution while protecting their rights and future.

Back to Top

Depositions are a critical part of the discovery process in Florida criminal cases. They allow the defense attorney to ask witnesses questions under oath with everything recorded by a court reporter. The goal is to lock witnesses into their statements so that their testimony cannot easily change later. Inconsistencies can be used in motions to suppress evidence, motions to dismiss charges, cross-examination at trial, and to create reasonable doubt in the minds of a jury.

During a deposition, a high-level defense attorney asks detailed, strategic questions to uncover the truth. Every question is carefully planned to test witness credibility, reveal contradictions, and identify conflicts in evidence. Witnesses who lie often struggle to maintain their story over time, and the deposition process helps highlight these discrepancies. The resulting transcript is shared with the defendant and the defense team to review and determine the best legal strategy.

Under Florida Rule of Criminal Procedure 3.220, defendants charged with felonies automatically have the right to take depositions. For misdemeanor cases, the defense attorney must request permission from the court and demonstrate good cause. This ensures that depositions are used responsibly while allowing the defense to fully examine the evidence and witness statements.

Depositions are also highly strategic. They allow the defense to document witness statements under oath for later use in cross-examination, identify contradictions between witnesses or in the evidence, test the reliability and credibility of witnesses, prepare for motions to suppress or motions to dismiss, and gain insight into the prosecution’s case before trial.

A top criminal defense attorney in West Palm Beach and across Florida uses depositions to strengthen the defense, reduce or dismiss charges, and build a winning case strategy. Depositions are more than a procedural formality; they are a powerful tool to achieve the best possible outcome.

Back to Top