CRIMINAL DEFENSE

Arrested or charged with a crime? Do not discuss your case with anyone other than your criminal defense lawyer. As much as you want to communicate with your loved ones about your situation, be mindful that anything you say can be used against you in court. If you’re contacted by law enforcement agents, politely refuse to answer questions and do not consent to any searches without consulting your attorney. In addition, it will help your case to identify any potential witnesses who may have helpful information for your defense.

The Arrest

The first issue in any criminal case is the legality of the original encounter between the accused and law enforcement. We need to know as many details as possible about that encounter,  even minor details can be super important. If law enforcement did not have a 'reasonable and articulable' basis for your detention, all evidence seized must be suppressed. This can likely lead to the dismissal of your case.

Arraignment

Arraignments are conducted in open court. It is when the prosecuting attorney informs the defendant what the charges against them are, and to determine the plea to those charges (“guilty” or “not guilty”). Also, it is determined whether or not a defendant has obtained counsel and/or can afford counsel. Assuming a defendant has obtained counsel prior to arraignment and counsel files a written plea of not guilty prior to the arraignment, the arraignment shall be deemed waived and neither retained counsel nor the defendant need to appear.

If you are a defendant who has not retained counsel prior to your arraignment, you must appear on the date and the place specified on your notice. At that time, the court will advise you of the charges against you and inquire as to your financial ability to obtain counsel. If you are financially unable to obtain counsel and you are charged with a felony offense, the court will appoint counsel for you and that counsel will represent you at your arraignment and all subsequent court proceedings.

However, beware that the court will place you under oath and examine your financial ability to determine whether or not you qualify for court-appointed counsel.

At the arraignment, the court will also set the case for either a status report or for its first trial setting. The arraignment will also start the formal proceedings against you, and all of the time requirements under the Florida Rules of Criminal Procedure dealing with discovery will start at that time. An attorney will be able to advise you of the formal charge against you, the “not guilty” plea you should enter, and the entire discovery you will be entitled to after your arraignment.

If you are ever charged with a crime, it’s essential to have all the information necessary to make the best possible decisions. The best step toward getting the results you want is hiring an experienced criminal defense attorney for timely intervention, negotiation, and strategic preparation.

Possible Defenses

There are specific defenses depending on the alleged charge that can be used if applicable to defend your case. Some examples are: self defense, violation of constitutional rights, defense of property, insufficient evidence, procedural violations performed by law enforcement, law enforcement not giving you Miranda warnings.

Accepting a Plea Deal

Typically (but not always), the prosecutor will offer a plea deal to resolve the case. Often times there are collateral consequences to accepting a plea deal that can come up later down the road that can negatively impact you. Some plea deals affect your right to bear arms or have immigration consequences. It is not the prosecutor's responsibility to inform you of these later consequences. Some plea deals come with what is called a "suspended sentence." What this means is that if you violate your probation for any reason at all, you serve a mandatory jail/prison sentence.  It is very important to consult with an attorney to fully understand the terms and conditions of any possible plea deal. Often times an experienced criminal defense attorney can negotiate with the prosecutor and obtain an even better plea deal for your case.

Call us today to schedule your consultation.