Getting arrested in FL

How long does the State Attorney's office have to file charges against
you
after the date of arrest. After a certain time, do the charges have to
be
dropped? What if the witnesses don\'t show up to the State Attorney\'s
office? Will statements leave them enough evidence?

[sandra]

Criminal Process in Florida

The criminal process can be complex and confusing. But it's important to know your legal rights. The best way to be informed is to contact a Florida criminal attorney in your area as soon as possible. A criminal defense attorney will understand the law as it relates to the crime you've been charged with, and will be able to help you in making informed decisions as your case moves through the process.

Stop

You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you aren't moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer.

Search

Search Warrants

A search warrant authorizes police to conduct a search of a specific, place such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary.

Probable cause to search means that:

• It is more likely than not that the specific items to be searched for are connected with criminal activities
• Those items will be found in the place to be searched

Warrantless Searches

The general rule is that warrants are required for searches. But search warrants are not required for the following:

• Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
• Automobile searches: If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
• Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence.
• Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
• Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches.

Arrest

In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.

After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.

Miranda Rule

Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows:

• The right to remain silent
• The right to have an attorney present during questioning
• The right to have an attorney appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against you later in court.

Booking

After you're arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.

Appointment of an Attorney

In Florida, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you. In Florida, the booking officer is required to put you in contact with the public defenderÂ?s office if you cannot afford to hire an attorney.

Once a public defender has been appointed to defend you, you may ask the court to appoint a substitute attorney only for good cause. Good cause requires more than mere dissatisfaction with your appointed attorney and may include:

• A conflict of interest between you and the attorney
• Your attorney becomes ill and cannot continue to represent you
• There is reason to believe that your attorney is not providing effective assistance.

Arraignment

Once criminal charges are filed, you'll make a court appearance which is known as an "arraignment." If you are incarcerated, this will usually occur within 72 hours of your arrest.

During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. Florida pleas and corresponding definitions follow:

• Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime.
• Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
• No contest plea: A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
• "Mute" plea: In Florida, you may "stand mute" instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.

If you plead "guilty" or "no contest," there will not be a trial. You'll then be sentenced.

During the arraignment, the court will also:

• Set bail
• Refuse to set bail; or
• Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations

Bail/Bond

"Bail" is money or property put forth as security to ensure that you'll show up for further criminal proceedings.

In Florida, bail can be paid:

• In cash
• A pledge of property (if permitted in that court)
• A bail bond

A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.

Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.

This right can be waived by asking for additional time for the preparation of your defense.

Speedy trial rights in Florida:

• Speedy trial without demand: In most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony.
• Speedy trial with demand: With limited exceptions, every person charged with a crime has the right to demand a trial within 60 days. A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.

Trial

Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.

Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:

• Pleading guilty, or
• Choosing a bench trial (a trial in front of a judge only)

If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

Appeals

If you're found guilty after a trial, you're entitled to an appeals process. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal.

In Florida, you generally have 30 days following sentencing to file an appeal.

There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include:

• Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
• Lack of sufficient evidence to support a verdict of guilty
• Mistakes in the judge's instructions to the jury regarding your case

You may also appeal due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate you.

In Florida, if you entered a guilty or no contest plea, you may directly appeal only for the following reasons:

• The court lacked subject matter jurisdiction (i.e., the court did not have the authority to decide the case based on the subject matter);
• There was a violation of the plea agreement
• Your plea was involuntary
• There was a sentencing error; or
• As otherwise provided by law

Expungement

In Florida, under some circumstances, you may be able to have a criminal record expunged, which means that the record is no longer available for most purposes and you can deny having been arrested. However, an expunged record may be accessed if you apply for jobs in law enforcement or involving contact with children.

You may be eligible for expungement of records relating to a single arrest if you have never been found guilty of a crime, including the offense for which you are seeking expungement. In other words, if the charges are dismissed or you are found not guilty, you may have your records relating to an arrest expunged.

In order to get an expungement, you will have to obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement. After getting the certificate, you must file a court petition. The court will decide whether to order your record expunged.

Juvenile records may be expunged in the same manner. Also, juvenile records are expunged by the state of Florida when a juvenile offender reaches age 24 (age 26 for serious or habitual offenders).

Source:
http://research.lawyers.com/Florida/...n-Florida.html
by Lawyers.com

The State Attorney's Office (State) has sole discretion to file formal criminal charges. The State may file charges even if witnesses do not want to testify against the defendant or do not want to proceed with the case.

For felonies, the charging document most commonly used is called an "information". The prosecutor has 30 days from the date of arrest to file the charging documents. If the charging document is not filed by the twenty-first day, and the defendant is in custody, his defense attorney can ask the judge either to release the defendant on his promise to appear (recognizance) or to hold an adversary preliminary hearing, which requires the State to produce evidence showing probable cause for the charges. If the defendant is not released and the prosecution has not filed a charging document by the 30th day, the court will order that the defendant be released on his own recognizance on the 33rd day, unless the state attorney files charges by that date. The prosecution can request to have the defendant remain incarcerated until the 40th day and the judge will grant the request if good cause is shown. No individual shall remain in custody for more that 40 days if no charging document has been filed.

Another way a person can be charged with a violation of law is by "indictment", a formal document issued by a grand jury usually charging a felony punishable by the death penalty or life imprisonment. It is based upon the facts and circumstances of a case as presented to the grand jury by the prosecution.

But verify this with your local state's attormey as well