Arrest

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 the person to be arrested committed the crime. An arrest warrant is not necessary.

·         Once placed under arrest, two important constitutional rights apply: the right to remain silent and the right to have an attorney. After an arrest, the defendant is not required to say anything else to police or investigators, until an attorney is present. The accused must be given the opportunity to contact an attorney.

·         If you are arrested, do not to talk to anyone, and inquire about any statements already given because oral statement, as well as written statements, will be used against you in court.   

FIRST APPEARANCE

·         Once arrested, the defendant will appear before a judge within 24 hours of arrest.

·          The judge will then advise the defendant of the charge(s) for which he or she has been arrested.

·         The judge will then decide if the police had a sufficient legal basis for the arrest (make a probable cause determination).

·         The judge will then decide if pretrial release (bail) is appropriate in the case, and if so, how much.

BAIL (PRETRIAL RELEASE)

·         The purpose of bail is to insure the defendant’s presence at scheduled court appearances. There is a right to bail, unless the defendant is charged with a capital crime (i.e. carries a penalty of either life imprisonment or death) or facing a violation of probation. Under the Florida Rules of Criminal Procedure non-monetary conditions of release are specifically preferred; however it is the general practice for a judge to require that a bond be posted.

·         In setting bail, the judge should be informed of how long the defendant has lived in the area, whether he or she has family living in the area, whether he or she is working, whether the defendant has been allowed out on bail before and appeared in court when required, and whether the defendant has a criminal record.

·         If the court finds that the charge is not a serious or substantial, or that the defendant will appear in court when required, the judge has the option of releasing the defendant without posting bail (release on own recognizance).

ARRAIGNMENT

·         After formal charges are actually filed, an arraignment will be scheduled.

·         The arraignment is not a trial and not a time when evidence can be presented. The purpose of an arraignment is for the defendant to be informed of the charges against him or her, and for the defendant to enter plea.

·         An attorney may enter a plea of not guilty on the defendant’s behalf and waive his or her appearance.

·         The case will then be given pre-trial and trial dates.

PLEAS

·         Florida recognizes three pleas: Not guilty, guilty; and nolo contendere (“no contest”). A not guilty plea is entered by the judge on behalf of a pro se defendant (“defendants that are not represented by an attorney”).

·         If a defendant pleads guilty or nolo contendere, either as charges or to some lesser charge, the judge will ask the defendant questions in order to confirm that the defendant knows he or she is accused of, that he or she understands the penalties, and that no one is forcing the defendant to enter the plea. This process is known as the plea colloquy.

·         The majority of the time, a plea is entered pursuant to a negotiated plea agreement. However, even if the State and defense have a negotiated plea agreement, the judge is not required to accept the agreement.   

If you are arrested and need representation, call Miami Criminal Lawyer Joseph Madalon who can provide you with an aggressive defense. South Florida Criminal Defense Law Firm with great reputation can provide you with highly experienced representation in State or Federal Courts.