Being arrested in Florida for a felony offense could be an awesome expertise, crammed with uncertainty in regards to the subsequent steps within the authorized course of. Whether or not it’s your first encounter with the regulation otherwise you’re supporting a cherished one by it, consulting a felony protection lawyer is essential to understanding your rights and navigating the authorized course of. From the preliminary reserving course of to court docket appearances, every stage comes with necessary authorized issues that may affect the result of your case.
This text will information you thru what occurs after an arrest, how lengthy you could be held with out prices, what occurs to your belongings, and the way the court docket course of works in Florida.
The Arrest and Reserving Course of for a Florida Prison Case
After an arrest and also you’re taken into police custody, step one is reserving. Reserving includes gathering private info, taking fingerprints and pictures, and recording the alleged crime. That is normal process, whatever the severity of the offense. Throughout this time, regulation enforcement can even search you for any unlawful gadgets or contraband, which can lead to extra prices if something is discovered.
After being booked, you can be positioned in a holding cell or jail whereas ready on your first look earlier than a decide. That is usually the place household and mates are notified of the arrest, both by a cellphone name from the person or by regulation enforcement.
When You Get Arrested, What Occurs to Your Telephone?
Upon arrest, all private belongings, together with your cellphone, will probably be confiscated and held by regulation enforcement. Your cellphone will stay of their custody till you might be launched. Nonetheless, relying on the circumstances surrounding the arrest, regulation enforcement could try to go looking your cellphone. Usually, a search warrant is required to go looking digital gadgets, however sure exceptions could apply if there’s possible trigger or consent.
How Lengthy Can You Be Held With out Expenses in Florida?
One of the urgent considerations after an arrest is how lengthy you could be detained with out formal prices. In Florida, regulation enforcement can not maintain you indefinitely. Usually, underneath Florida Rule of Prison Process 3.134, state prosecutors have as much as 30 days to file formal prices. If you happen to stay uncharged, the court docket should launch you by the thirty third day. The court docket might additionally lengthen the deadline to 40 days if there’s “good trigger.” Throughout this time, police could proceed investigating the case, however they need to file prices or allow you to go.
Nonetheless, it’s necessary to notice that even if you’re launched, the State Legal professional’s Workplace can nonetheless resolve to file prices after the actual fact, which suggests it’s possible you’ll want to seem in court docket later.
How Lengthy Does the State Legal professional Must File Expenses in Florida?
After an arrest, the case is forwarded to the State Legal professional’s Workplace. It’s the job of the prosecutor to find out whether or not there’s sufficient proof to formally cost the person with against the law. In felony circumstances, the State Legal professional has 21 days to make this choice if the individual is in custody. Throughout this era, the prosecutor will evaluate the proof, interview witnesses, and resolve whether or not to file prices.
If the person has been launched on bail, the State Legal professional could take longer to file formal prices, as they don’t seem to be working towards the identical strict timeline. Nonetheless, if no formal prices are filed inside 175 days from the date of arrest (for many felony circumstances), the case could also be dismissed. For misdemeanors, this window is shorter, with the state having 90 days to file prices.
If you’re not sure whether or not felony prices ought to have been filed or are involved in regards to the standing of your case, it’s important to remain in touch with Mike G, your felony protection lawyer, so he can monitor the scenario and hold you knowledgeable.
How Lengthy Does It Take to Get a Court docket Date in Florida?
The timeline for court docket appearances can differ relying in your arrest circumstances and the fees filed. In Florida, the primary court docket look, often known as the First Look Listening to, usually happens inside 24 to 48 hours of arrest. Throughout this listening to, the decide will inform you of the fees and decide whether or not bail is suitable.
After the First Look, the subsequent main step within the course of is the Arraignment, the place the decide decides if you’ll formally enter a plea (responsible, not responsible, or no contest). The arraignment often occurs 2 to 4 weeks after the arrest, however this may differ relying on the court docket’s schedule and the complexity of the case.
Following the preliminary look and arraignment, the timeline for subsequent hearings, together with pre-trial conferences and trial dates, can differ broadly. If the case is advanced or includes a number of events, the method might take a number of months and even longer.
If you’re launched from jail on bail, maintaining monitor of your court docket dates and making certain you seem for each is essential. Lacking a court docket listening to can lead to a warrant on your arrest and potential extra prices.
Bail and Launch
After your First Look, the decide will resolve whether or not bail is suitable and, if that’s the case, how a lot it ought to be. Bail is basically a monetary assure that you’ll return to court docket for future proceedings. The quantity of bail is dependent upon a number of elements, together with:
- The severity of the crime
- Your felony historical past
- Whether or not you might be thought of a flight threat
- Whether or not you pose a menace to the group
If you happen to can not afford to pay the complete bail quantity, you need to use a bail bondsman to publish bail in your behalf. In return, you usually pay the bondsman 10% of the overall bail quantity as a non-refundable charge. If you happen to attend all of your court docket dates, the bail is returned, however the bondsman retains their charge. If you happen to fail to indicate up in court docket, you forfeit the bail, and the bondsman can take authorized motion towards you.
Pre-Trial Hearings and the Court docket Course of
As soon as bail is ready and prices are filed, the court docket course of really begins. Listed below are among the key levels to anticipate:
Pre-Trial Hearings
These hearings happen earlier than the primary trial date and are supposed to resolve authorized points, together with the admission of proof or witness testimonies. Each the protection and prosecution could file motions throughout this time.
Discovery
Throughout discovery, either side trade proof and knowledge related to the case. This will embrace police stories, witness statements, surveillance footage, or forensic proof. Discovery is essential for constructing a felony protection, too.
Plea Bargains
At any level earlier than the trial, the prosecutor could request or supply a plea cut price, which is an settlement for the defendant to plead responsible to a lesser cost in trade for a diminished sentence. This plea deal may help keep away from the dangers and uncertainties of a trial.
Trial
If no plea cut price is accepted and the case proceeds to trial, either side will current their arguments in entrance of a decide or jury. The end result is dependent upon the decide, the energy of the proof, and the authorized arguments made by all sides.
Why You Want an Skilled Prison Protection Legal professional Like Mike G Legislation
Navigating the felony and juvenile justice system after an arrest is usually a daunting course of. With out authorized illustration, it’s straightforward to make errors that might negatively affect the result of your case. A expert protection lawyer may help you perceive your rights, collect proof, negotiate a plea cope with the prosecutor, and supply aggressive illustration in court docket.
Mike G Legislation has in depth expertise representing people who’ve been arrested in Florida. He understands the stress and uncertainty that comes with felony prices, and he’s dedicated to preventing for the absolute best consequence in your case. Whether or not you might be dealing with felony prices or misdemeanor prices, our crew is right here to guard your rights and information you thru each step of the method.
Contact Mike G Legislation At present
If you happen to or a cherished one has been arrested in Florida, don’t face the authorized system alone. Contact Mike G Legislation in the present day to schedule a free session and get the authorized assist you to want. With a devoted crew able to battle on your rights, we may help you navigate the advanced court docket course of and work towards a positive consequence.
Let our crew information you thru this difficult time. To schedule an preliminary session, name 813-221-4303 or contact Mike G Legislation on-line.