The Criminal Process

Qualified Criminal Law Attorney in Ocala, FL

Gavel and book - Florida criminal process, Florida attorny in Ocala, FL

THE CRIMINAL PROCESS

(OR THE ROAD TO MANDALAY)

This is intended to be information only and is not intended to provide legal advice. Speaking to a qualified attorney is key. For an appropriate source to obtain legal advice, call 352-620-0797.

If you should have any questions, please feel free to call us, any time of the day or night, to discuss your case. Furthermore, please feel free to contact our office and establish either a telephone conference or an appointment. We have been there, done that and know how to do it. We can help. Need an experienced lawyer with a proven track record? Call us.
If you have been arrested for a crime, or are under criminal investigation or simply a suspect, you are most likely to become involved in the criminal justice system. This, just like any other first experience, can surely be most unsettling and unfortunately detrimental. Facing criminal accusations can be one of the most frightening and confusing experiences in your life. You, as an individual, are out manned, out gunned and out financed by experienced prosecutors, supported by the vast resources of the United States or State Governments.

All criminal charges must be taken seriously. You normally have but one chance to defend yourself. Attempting to ignore your legal problems or assuming that they will go away is not the answer. Decisions you make about your criminal defense, now, will affect the possible outcome of those charges and most likely will affect the rest of your life.

However you choose, we strongly encourage you to obtain the services of an experienced criminal attorney, immediately. Do not wait for the Court to appoint a public defender or a conflict lawyer for you. Choose an attorney or law firm that you feel appropriate. Regardless of who you hire, be sure that they have the proven track record and experience to assist you in your case. Remember, you have absolute rights. Be sure you find someone that knows them and will protect them.

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INITIAL PROCESS

THE CRIMES:

Misdemeanor:
A crime punishable by up to one year in the county jail. Misdemeanors are dealt with by the County Court. However, if a misdemeanor is combined with a felony, it, more than likely, will be handled by the Felony Court assigned to the case.

Felony:
A crime that is punishable by one year or more in the state prison. All felonies are handled in the Circuit Courts. Felonies are initiated by arrest relating to certain charges which are classified as such. Felonies are processed in the Circuit Courts and the Court process is usually commenced with an arraignment.

THE ATTORNEY:

You may retain an attorney at any time, regardless of how far your case has proceeded. It is, most often, best to retain an attorney when you first learn that there may be an investigation; however, there is no impediment in obtaining an attorney of your choice at a later date.

You may be represented by the public defender or a Court appointed attorney, known as a conflict lawyer, if you cannot afford to retain private counsel. However, you may be responsible for paying the costs of the public defender, initially an appointment fee, or additional public defender fees at the conclusion of your case.

THE ARREST:

Arrests are predicated upon probable cause. Where there is no simple answer to determine specifically what probable cause is, it is best explained that the police must rely on what they believe to be good and accurate information to substantiate a crime, upon which the arrest is made.

MISDEMEANORS:

Misdemeanor arrests are usually made for a crime which occurs in the presence of the person making the arrest. There may be exceptions, such as relating to shoplifting cases, where the store security guard makes the arrest, but the police, upon their arrival, effectuate the arrest. There are others.

FELONIES:

Felony arrest can be made by probable cause, arrest warrants or, for more serious cases, Informations and Indictments.

THE BOOKING PROCESS

(OR “WELCOME TO MY HOUSE” SAID THE SPIDER TO THE FLY)

THE BOOKING PROCESS EXPERIENCE IS SOMEWHAT AS FOLLOWS:

  • Arrival at the police station
  • Photographs (mug shots)
  • Fingerprints
  • A search of your person. To avoid introduction of weapons, drugs, contraband, etc. in the jail population.
  • General questions on background information
  • Questions as to visiting, booking number, charges, court dates, can be obtained at the time of booking.

In some instances [misdemeanor arrests], your court date may begin with a court appearance (Notice to Appear) and not an actual physical arrest.

POLICE REPORTS

(OR JABBERWOCKY RHETORIC

The law does not require the police to release their reports. However, attorneys can often convince the officer to discuss the case with them or provide a courtesy copy of the report before it is put in the Court file.

Obtaining timely reports or early information, allows the attorney to initiate his own investigation on your behalf, resulting in contacts, which may otherwise not be readily available, thereafter. This is another reason to obtain the services of an attorney, early on in the proceedings. Additionally, reports can be confusing and the assistance of an experienced attorney can help decipher, what may not readily be understandable, and allow a full explanation of the charges.

THE CHARGING DECISION

(TO BE OR NOT TO BE)

The prosecuting attorney's office has the authority to bring criminal charges. They also have the authority to drop criminal charges. Unfortunately, too many citizens, including victims, believe that they, themselves, control whether or not the charges are either “initiated” or “abandoned”. This is not the case.

Police officers initiate arrests based on probable cause, predicated upon a belief that a certain crime was committed. Police officers do not file charges. In fact, the charges upon which a person is arrested by police, may often be changed, at a later date, by the prosecutor, after review of the elements of the crime and the overall facts having been uncovered.

Although a “victim” cannot cause to have charges abandoned, they can readily, and often do, influence the decision of prosecutors, as whether or not to go forth with the charges. This is an avenue that your attorney will explore directly with you and the victim. This is not something that someone charged with a crime should attempt do to, since it may result in new charges being filed against you in the format of “tampering with a witness”. If you have questions, you should speak with an attorney.

BAIL

Bail is initially set by the arresting officer; usually in accordance with a bail schedule published by the Court in each county. Some defendants may receive an “own recognizance” (R.O.R.) release and will not have to post bail.

Bail or a bail reduction motion can be made at first appearance or at the arraignment. There are other opportunities to bring a motion to reduce bail, such as by a bond hearing; but in some cases they are limited.

Bail is made with cash or a surety bond. A bond requires a 10% fee to the bondsman and, in many cases, collateral equal to the amount of the bond. The 10% is the bondsman's fee and will not be returned. In the event that there is a cash bond placed with the Court, it is usually returned, less an administrator fee, when the case is over. However, in some instances, cash bonds can be forfeited for costs and other items, if so ordered by the Court.

We can provide assistance in finding a bondsman, who will work with you to arrange bail. In some cases, the bondsman will allow for a payment schedule of the fees and make concessions concerning collateral requirements. Based on our extended experience, in the criminal field and our contact with numerous bail bondsmen, we can assist with these arrangements. Be sure to discuss this matter with any attorney handling your case.

ARRAIGNMENT

(TO BE OR NOT TO BE)

Although the arraignment appears to be a very simple and somewhat insignificant process, wherein, a defendant, who has been charged, pleads “guilty” or “not guilty” to the charges, it is a pivotal point upon which certain legal rights that are made available to a defendant in the criminal justice system attach. The “ins and outs” of arraignments is something that an experienced attorney will address with you. Statistically speaking, arraignments are keys to legal tools that could make a difference in your case, whether or not it goes forward in a timely manner or other rights that you maintain become “triggered” at that time. 

Once a plea, verbal or written, of “not guilty” is entered on your behalf, the discovery process begins.

DISCOVERY

(NOT ALL ROADS LEAD TO ROME)

Discovery materials must be provided by the State when a defendant files a notice of participation in discovery. Simply put, discovery materials are all, but not limited to, police, medical, probation, photographs, diagrams, recording of witness/defendant statements, expert analyst (DNA, fingerprints, etc.) in the possession of the State that relates to your case. Failure to provide or even timely provide the materials could, in fact, jeopardize the prosecutor's claims against you and results in a dismissal. 

A defendant has a responsibility called reciprocal discovery. Simply put, the names and addresses of witnesses or the providing of documentation that a defendant wishes to utilize at the time of trial must be made known to the prosecuting attorney prior to the trial so that an opportunity can be afforded for the prosecuting attorney to investigate the information being provided. Failure to do so can also jeopardize your ability to utilize these materials for trial purposes and could affect the outcome of your case.

MOTIONS

(SHADOWS COME OUT AND PLAY WITHIN THESE WALLS)

Pre-trial motions are important tools for criminal defense attorneys to utilize in representing the interests of a client. In some incidences, they can force a dismissal of charges or put pressure on the prosecuting attorney to alter the charges and even possibly modify a sentence in accordance. They can be substantial hidden fact finding tools.

SOME PRE-TRIAL MOTIONS ARE:

  • Suppress Evidence
  • Dismiss the Information
  • Sever Accounts
  • Compel Discovery
  • Strike Counts
  • Speedy Trial

PLEA BARGAINING

Plea bargaining is an acceptable process whereby the defense attorney negotiates with the prosecuting attorney to obtain the best possible reconciliation of the case for his or her client. Typical results of the plea bargaining are an agreement for you to plead guilty or no contest to a particular charge or set of charges in exchange for a set of terms, such as agreeing to receive a specific sentence or a reduce charged in exchange for your plea. Plea bargains can come about in various ways: Sometimes your cooperation in a collateral investigation or even in the investigation that you are involved in and upon which charges have been brought will be taken into consideration. 

Some plea bargains are good, some are not. Plea bargains are only entered into if they are advantageous to you, the client and you gain a benefit therefrom. 

Even after entering a plea, you can sometimes make a motion to withdraw the plea and go forward with the defense that you initially utilized or wish to change now, predicated upon new or additional information that has been made available or you have discovered. The Court becomes involved in this process as a result of the filing of a motion to withdraw the plea. This is something that can also be discussed with your attorney and is in fact governed by specific rules and time restraints. 

Plea bargaining is a useful tool in difficult cases. In some instances, a felony assault case, such as carrying a concealed weapon, may result in the felony being reduced to a misdemeanor assault charge in exchange for the plea. What carries a prison sentence could be resolved with probation.

THE TRIAL

(ACQUITTAL…ALL ELSE MERE DETAILS)

SENTENCING

Prior to a sentencing hearing, in some cases, a report is prepared. The report is normally referred to as a PSI (Pre-Sentence Investigation), which can change historical information about you. The information specifically deals with prior criminal history, if any, the facts related to the present charge. It also references what an appropriate sentence would be under the criminal punishment code and the sentencing guidelines. Probation can, in fact, make recommendations for other type sentences based upon lack of criminal history, family ties and related community activity as well as health considerations. 

Preparing for sentencing is very important. Whether you are eligible for a PSI or not, you should always discuss with your attorney all the aspects of your youth, as well as your adult life, including family, school, work and your emotional, mental or psychological history as well as that of your family. Possible alternative sentence remedies are available in cases but can only be explored predicated upon open lines of communication between you and your attorney. 

If probation is not granted, there are a range of criminal responsibilities such as county jail incarceration; house arrest or department of corrections (prison). Lawyers argue about the proper term based on the facts of the particular case. The final decision is with the Judge's broad discretion in most cases. 

There are some factors to be taken into consideration relating to sentencing. We have been quite successful in arranging jail alternatives some of which include: detox programs, electronic home monitoring, residential treatment centers, counseling, weekend work programs and community service. 

Also, sentences can be mitigated if addressed within 60 days from the date the sentence was in fact imposed upon by the court. Mitigation motions are usually predicated upon a change in circumstances or information that is now available which was not available at the time of the sentencing. Mitigation is solely up to the discretion of the Judge and can be a successful tool to obtain a “second bite of the apple”. Learn how we can assist you to reduce the length or the severity of your sentence.

CONSEQUENCES

(ACQUITTAL…ALL ELSE MERE DETAILS)

ANY SENTENCE IMPOSED BY THE COURT MAY HAVE A NUMBER OF CONSEQUENCES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, SOME OF THE FOLLOWING:

  • Loss of the right to vote
  • Loss of any right to a firearm of any kind
  • Loss of right to associate with known criminals
  • Registration as a sex offende
  • Increased penalties in future convictions
  • Registration as a narcotic offender
  • Loss of driver's license
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