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If you are charged with a crime in the state of Florida, you are generally entitled to free legal representation. Whether you take advantage of the pro bono services of a Florida criminal lawyer, hire private legal counsel or decide to represent yourself, it is important to be aware of all your options. Here are some things to keep in mind if you find yourself charged with a crime.
Types of crime
When the police or a government agency bring charges against a person for a crime, there are three types of charges. Florida criminal lawyers defend people who have been charged with:
• Felonies, such as rape, murder or drug trafficking
• Misdemeanors, such as aggravated assault
A third, lesser type of crime is known as an infraction. These are such minor offenses as speeding tickets, which do not entitle you to free representation from a FL criminal lawyer or trial by jury. In contrast, felonies and misdemeanors are serious charges that can result in a large financial penalty, jail time or in certain cases the death penalty.
Victims of domestic violence can file charges with their public prosecutor. If that office declines to prosecute, you will need to find the services of an attorney experienced in civil litigation rather than a Florida criminal lawyer.
Steps in the legal process
When criminal charges are brought against you, the legal process follows the same rules in every case. From the moment you are arrested, you are entitled to the advice of a FL criminal lawyer. If you cannot afford private legal counsel, the court will appoint an attorney to represent you. You are not required to listen to the advice of a Florida criminal lawyer, but most laymen will want to take specialized legal advice into consideration.
After you are arrested, an attorney will help you throughout the process. At your arraignment hearing:
• The prosecution will formally present the charges against you. You will have a chance to plead guilty, no contest or not guilty.
• You may be offered a plea bargain by the prosecution in exchange for a guilty or no contest plea. This means you can avoid a trial and accept whatever fine or jail time the prosecution decides is sufficient punishment. Your FL criminal lawyer will evaluate whether you should accept such a deal.
• In some cases, bail may be set in exchange for your being released from jail. Florida criminal lawyers will argue that the amount being asked is excessive.
If you decide to plead not guilty, your case will proceed to trial. During the pretrial process, Florida criminal lawyers prepare to defend you in court by:
• Regularly exchanging all evidence they plan to present in court with the prosecution. During this “discovery” phase, the prosecution must also share their evidence with your Florida criminal lawyer. If they have committed any procedural errors, your attorney may file a motion to dismiss the charges against you. Insufficient evidence that could reasonably be expected to lead a guilty verdict can also be grounds for dismissal.
• Both sides may continue negotiations for a mutually acceptable plea bargain. At any point before a verdict is issued, Florida criminal lawyers may be able to reach an agreement with the prosecution.
Should no agreement be reached, you will appear in court. There, Florida criminal lawyers will present the strongest possible case for your defence. If the prosecution makes any procedural errors, an attorney should point these out to the court as grounds to dismiss certain pieces of improperly collected evidence.
People who are found guilty will have a sentencing date scheduled. At this separate hearing, a judge will decide what kind of fine and/or jail time to impose on you. After the prosecution presents the case for a severe sentence, a FL criminal lawyer will present any mitigating evidence and ask for a lesser sentence. Attorneys may also choose to appeal the verdict and request a retrial.
Finding a Florida criminal lawyer
If you decide you are not satisfied with the services of your pro bono attorney and can afford to hire private legal counsel, you should not rush in choosing who to work with. FL criminal lawyers specialize in many different areas of the law. Different offenses require different defense. Your FL criminal lawyer should have specialized knowledge.
When you decide to find an attorney, ask friends and family for referrals to lawyers they have successfully worked with before. Before agreeing to meet with any Florida criminal lawyer, look up their disciplinary record online to make sure they are qualified to practice law.
You may need to schedule meetings with several attorneys before you find someone you feel comfortable entrusting with your defence. Prepare for your first consultation with all FL criminal lawyers by assembling any documentation that is relevant to your case. All attorneys must be in possession of all the evidence before they can evaluate your case.
FL criminal lawyers may need to ask you many questions. Answer these honestly and in as much detail as possible. Do not conceal information you fear may hurt your case from a FL criminal lawyer. This will only hurt you later in the legal process.
You should ask as many questions of FL criminal lawyers as you answer. Some things to inquire about at your first meeting:
• What kind of specialized experience do you have with my kind of case?
• If you are not qualified to represent me, can you refer me to another FL criminal lawyer with more experience in this area of the law?
• How long will it take to resolve my case?
• What kind of plea bargain can I realistically expect the prosecution to offer, if any?
• How often will I receive updates on my case’s progress?
During this first meeting with any FL criminal lawyers, obtain a detailed, written estimate of the costs you will be liable. All attorneys must clearly explain any charges you do not understand.