Know Your Rights
Before any law enforcement officer questions you when you are in custody, he or she must tell you that:
You have the right to remain silent.
Anything you say may be used against you.
You have a right to have a criminal defense attorney / lawyer present while you are questioned.
If you cannot afford a criminal defense attorneys / lawyers, one will be appointed for you.
These are referred to as your Miranda rights as guaranteed by the U.S. Constitution. If you are not given these warnings, we may be able to keep any statements you made to police out of court. Without those statements, the State may not be able to prosecute you for the crime charged.
Getting Out of Custody - Bail/Bond
In most cases, individuals arrested are entitled to be released from custody after posting a reasonable bond. A bond is a binding agreement to pay money to the court in the event that you do not appear for your scheduled court dates. The amount of bond is determined by the severity of the charged offense and an individual’s prior criminal record. Generally, the amount of bond is set according to a standard written schedule based on your charges. Your bond may be a cash bond or a surety bond. A cash bond is generally cash posted by the individual arrested, or a friend or family member. (A cash bond is less likely in more serious cases.) A surety bond requires the assistance of a bondsman who posts the bond with the court on your behalf, thereby guaranteeing your appearance in court. If you cannot afford to post the bond that is set by the court, it may be necessary for one of our criminal defense attorneys / lawyers to request a bond reduction hearing with the court. We will come to you! Our criminal defense attorneys / lawyers serve the Tampa, Orlando, Ft. Lauderdale, and Miami areas.
Can’t Bond Out of Jail?
If you, a friend, or a relative have been arrested and cannot afford the bond that has been set, or if the bond is set at "no-bond", our firm will schedule a bond hearing. At a bond hearing, we will ask the judge to lower your bond, or set a bond, in order to get you out of jail. Factories the judge will consider in reducing or setting bond are family history, work history, background, residence, past criminal history, and circumstances surrounding the case.
Differences Between Misdemeanors and Felonies
The general difference between a misdemeanors and felony offense is the potential punishment. A misdemeanor offense is punishable by up to one year in county jail. Examples of misdemeanor crimes include DUI, disorderly conduct, petit theft, simple battery, and trespassing. A felony offense is punishable by up to one year or more in state prison. Examples of felony offenses include murder, rape, possession of cocaine, aggravated battery, grand theft, and robbery.
First Appearance / Magistrate Court
If you are still in custody, you are entitled to see a judge within 24 hours of your arrest for a determination of whether probable cause exists for your arrest. Probable cause for an arrest are facts and circumstances which would lead a reasonably prudent person to believe that a crime has been committed. If no probable cause is found for your arrest, you can be released without the need to post a bond. In the majority of cases, probable cause is found by the initial judge and the bond amount is set based on the standard written schedule based on the offense.
When Should I See a Defense Attorney / Lawyer?
It is in your best interest for you, a friend, or a family member to contact our firm as soon as possible. We can advise you on how to get out of custody, what to expect based on the charges, and what we need to do to begin our case preparation. In some cases, photographs must be taken immediately, surveillance tapes must be requested, 911 tapes must be requested, to give a few example. If these items are not requested immediately, they may be destroyed. This is especially important for cases involving sex crimes, drug trafficking and murder.
Your First Court Date - Arraignment
Once formal criminal charges are filed, an arraignment is scheduled. An arraignment is the accuser’s first Court appearance. The purpose is to advise the defendant of the specific charges against them as well as for the accused to enter a plea. (guilty, not guilty, no contest) A guilty or no contest plea tells the Court that you do NOT want to contest the charges against you. You will have a criminal record and will be sentenced which could effect your right to vote, carry firearms, drive an automobile, and secure employment. By hiring one of our criminal defense attorneys / lawyers, you will not have to appear at your arraignment. We will appear on your behalf and enter a plea of not guilty. This advises the Court and the prosecutor that one of our criminal defense attorneys / lawyers will fight for you.
Pre-Trial Conference
After arraignment, the Court will set the case for a status conference and depending on which county in the State your case is in, it may have different names, Pre-Trial Conference, Status, Disposition, Docket Sounding, Calender Call, or Trial Call. Regardless of the title, the Court will be advised of the status of the case. Topics discussed will include, reduction of charges, pretrial motions, depositions, and potential trial dates.
Motion to Suppress / Dismiss
If we file a Motion to Dismiss, we are asking the Court to throw out evidence and/or the charges against you. Motions to Dismiss can result from police misconduct, statute of limitations, speedy trial violations, malicious prosecution, or a lack of evidence. Also, if we file a Motion to Suppress, we are asking the Court to exclude evidence gather against you because it was illegally obtained. For example, illegal search of a vehicle, home, or person, illegal stop of a vehicle or person, violation of police department policy. Please view the firm’s Recent Court Wins by our criminal defense attorneys / lawyers to see our victories.
Jury Trial
A jury trial is the fact-finding phase of the case. A jury of your peers will determine if you are guilty or not guilty of the offense charged. The prosecution has the burden of proof in a jury trial, we, as the defense, are not required to do anything. At a trail, the accused is presumed innocent and is entitled to the right to remain silent. Please view the firm’s Recent Court Wins to see our results.
Do I Have To Go To Court?
By hiring our firm, you will not have to appear at your arraignment. If you are charged with a misdemeanor, you may not have to appear at the Pre-Trial Conference. However, if you are charged with a felony, your appearance is mandatory. If you live outside of the county and/or state, it may be possible to waive your appearance in Court. We appear in the following courts in Miami, Tampa, Ft. Lauderdale, Orlando and Dade counties for criminal defense cases.
What Penalties Am I Facing?
If you are charged with a misdemeanor offense, you could face up to one year in county jail. If you are charged with a felony, you could face up to life in prison, depending on the charges against you. Also, your prior criminal record and nature of the offense can affect the potential penalties. We will advise you of the potential penalties, based on your charges, during your initial consultation.
How Long Will My Case Take?
It depends on the complexity of the case. Generally, felonies take longer than misdemeanors. Misdemeanors can take anywhere from a few months to a year or more to resolve. Felonies can take from six months to a year or even two depending on the complexity of the issues.
