Florida Criminal Procedure

In this post I will offer a synopsis of the criminal procedure process in Florida. 

Stop-a law enforcement officer stops you in order to ask questions about potentially criminal behavior

Search Warrant-this authorizes police to search you, your vehicle, or your home.  In order to obtain a search warrant probable cause must be shown.  Two factors determine this:

• 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

Arrest-in order to arrest, a police officer must have a reasonable belief that a crime was committed and that the person arrested committed the crime

Miranda-if you are in police custody, you must be informed of your Miranda Rights which are: 

• 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

Miranda rights do not have to be read until you are taken into custody which means that during questioning anything and everything that is said can be used in a court of law.

Booking-once the arrest is made, you will be brought to the jail or detention facility where you will be photographed, fingerprinted and asked about name and age.

Right to an Attorney-if you can't afford an attorney, one will be appointed to you

Arraignment-once criminal charges are filed, you'll be brought to court (usually within 72 hours) to plea to the charges.  You may plea the following: 

• 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.

A guilty plea or a plea of no contest will result in sentencing.  During the arraignment process, bail will be set or it will be refused.  A third option is to have you released on your own recognizance which means that the court believes that you will show up for court at a later date.

Bail/Bond-is money or other surety guaranteeing your appearance for later court proceedings.

Speedy trial-the Sixth Amendment to the US Constitution guarantees your right to a speedy trial.  In Florida, this means,

• 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.

 You may also waive your right to a speedy trial in order to prepare for the procedure.

Trial-in many cases, prosecutors and defense attorneys will negotiate a plea agreement wherein the defendant agrees to plea to a lesser charge or agree to sentencing arrangements. If no plea agreement is reached, your case will go to trial unless you changed your plea to guilty.  In cases that involve a crime punishable by more than six months in prison, you have the right to a jury trial, in most instances.  You may also request a bench trial where there is no jury and the judge will serve the functions usually relegated to a jury.

Appeal-in Florida you generally have 30 days in which to appeal a conviction.  There are many reasons sufficient for an appeal including the following: inadmissible or insufficient evidence, and mistakes made in jury instructions.  If you entered a guilty or no contest plea, you may also appeal the verdict under the following restricted guidelines:  the court in question lacked the authority to judge in your case, your plea was involuntary, or there was some sort of sentencing error.