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Being arrested in Florida for a felony offense may be an amazing expertise, full of uncertainty in regards to the subsequent steps within the authorized course of. Whether or not it’s your first encounter with the legislation otherwise you’re supporting a liked one by way of it, consulting a felony protection legal professional 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 vital authorized issues that may influence the end result of your case.
This text will information you thru what occurs after an arrest, how lengthy you may 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 Felony Case
After an arrest and also you’re taken into police custody, step one is reserving. Reserving includes accumulating private data, taking fingerprints and pictures, and recording the alleged crime. That is normal process, whatever the severity of the offense. Throughout this time, legislation enforcement can even search you for any unlawful objects or contraband, which can end in 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 choose. That is usually the place household and pals are notified of the arrest, both by a telephone name from the person or by way of legislation enforcement.
When You Get Arrested, What Occurs to Your Telephone?
Upon arrest, all private belongings, together with your telephone, will probably be confiscated and held by legislation enforcement. Your telephone will stay of their custody till you’re launched. Nevertheless, relying on the circumstances surrounding the arrest, legislation enforcement might try to look your telephone. Sometimes, a search warrant is required to look digital units, however sure exceptions might apply if there may be possible trigger or consent.
How Lengthy Can You Be Held With out Costs in Florida?
One of the urgent considerations after an arrest is how lengthy you may be detained with out formal prices. In Florida, legislation enforcement can not maintain you indefinitely. Sometimes, beneath Florida Rule of Felony Process 3.134, state prosecutors have as much as 30 days to file formal prices. In the event you stay uncharged, the court docket should launch you by the thirty third day. The court docket may additionally lengthen the deadline to 40 days if there may be “good trigger.” Throughout this time, police might proceed investigating the case, however they need to file prices or allow you to go.
Nevertheless, it’s vital to notice that even in case you are launched, the State Lawyer’s Workplace can nonetheless determine to file prices after the very fact, which implies you could want to seem in court docket later.
How Lengthy Does the State Lawyer Should File Costs in Florida?
After an arrest, the case is forwarded to the State Lawyer’s Workplace. It’s the job of the prosecutor to find out whether or not there may be sufficient proof to formally cost the person with against the law. In felony instances, the State Lawyer 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 determine whether or not to file prices.
If the person has been launched on bail, the State Lawyer might take longer to file formal prices, as they aren’t working in opposition to the identical strict timeline. Nevertheless, if no formal prices are filed inside 175 days from the date of arrest (for many felony instances), the case could also be dismissed. For misdemeanors, this window is shorter, with the state having 90 days to file prices.
If you’re uncertain 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 involved with Mike G, your felony protection legal professional, so he can monitor the scenario and preserve you knowledgeable.
How Lengthy Does It Take to Get a Court docket Date in Florida?
The timeline for court docket appearances can fluctuate relying in your arrest circumstances and the fees filed. In Florida, the primary court docket look, referred to as the First Look Listening to, usually happens inside 24 to 48 hours of arrest. Throughout this listening to, the choose will inform you of the fees and decide whether or not bail is acceptable.
After the First Look, the following main step within the course of is the Arraignment, the place the choose 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 will fluctuate 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 may take a number of months and even longer.
If you’re launched from jail on bail, holding monitor of your court docket dates and making certain you seem for every one is essential. Lacking a court docket listening to can lead to a warrant on your arrest and doable extra prices.
Bail and Launch
After your First Look, the choose will determine whether or not bail is acceptable 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 will depend on a number of elements, together with:
- The severity of the crime
- Your felony historical past
- Whether or not you’re thought-about a flight danger
- Whether or not you pose a risk to the group
In the event you can not afford to pay the total bail quantity, you should utilize a bail bondsman to put up bail in your behalf. In return, you usually pay the bondsman 10% of the overall bail quantity as a non-refundable payment. In the event you attend all of your court docket dates, the bail is returned, however the bondsman retains their payment. In the event you fail to point out up in court docket, you forfeit the bail, and the bondsman can take authorized motion in opposition to you.
Pre-Trial Hearings and the Court docket Course of
As soon as bail is about and prices are filed, the court docket course of really begins. Listed below are among the key levels to count on:
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 might file motions throughout this time.
Discovery
Throughout discovery, either side change proof and knowledge related to the case. This could embrace police experiences, 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 might request or supply a plea discount, which is an settlement for the defendant to plead responsible to a lesser cost in change for a lowered sentence. This plea deal will help keep away from the dangers and uncertainties of a trial.
Trial
If no plea discount is accepted and the case proceeds to trial, either side will current their arguments in entrance of a choose or jury. The end result will depend on the choose, the energy of the proof, and the authorized arguments made by both sides.
Why You Want an Skilled Felony Protection Lawyer Like Mike G Legislation
Navigating the felony and juvenile justice system after an arrest generally is a daunting course of. With out authorized illustration, it’s straightforward to make errors that might negatively influence the end result of your case. A expert protection legal professional will 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 combating for the absolute best consequence in your case. Whether or not you’re going through 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 this time
In the event you or a liked 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 allow you to want. With a devoted crew able to struggle on your rights, we will 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.
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