Category: Blog

If you are found guilty after a trial, you are entitled to an appeals process.  This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal.  In Florida, you generally have 30 days following sentencing to file an appeal.  There are numerous reasons for an appeal from a guilty verdict in a criminal case, including “legal error.”  Legal error may include—

• Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
• Lack of sufficient evidence to support a verdict of guilty
• Mistakes in the judge’s instructions to the jury regarding your case

You may also appeal due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate you.

In Florida, if you entered a guilty or no contest plea, you may directly appeal only for the following reasons:

• The court lacked subject matter jurisdiction (i.e., the court did not have the authority to decide the case based on the subject matter);
• There was a violation of the plea agreement
• Your plea was involuntary
• There was a sentencing error; or
• As otherwise provided by law

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.  This right can be waived by asking for additional time for the preparation of your defense.

• 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.  Many prosecutors will consider “plea agreements,” although it is not legally required.  If you do not reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.  Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial.  This right may be waived by pleading guilty or choosing a bench trial (a trial in front of a judge only).  If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

“Bail” is money or property put forth as security to ensure that you will show up for further criminal proceedings.  In Florida, bail can be paid—

• In cash
• A pledge of property (if permitted by the court)
• A bail bond

A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.

Once criminal charges are filed, you will make a court appearance which is known as an “arraignment.” If you are incarcerated, this will usually occur within 72 hours of your arrest.  During your arraignment, you will be asked to enter a “plea” to the crime you have been charged with.  Florida pleas are—

• Guilty plea:  If you plead “guilty,” you are 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 you were accused of.  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.

If you plead “guilty” or “no contest,” there will not be a trial.  You will then be sentenced.  During the arraignment, the court will also do one of the following:

• Set bail
• Refuse to set bail
• Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations

In Florida, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you.  In Florida, the booking officer is required to put you in contact with the public defender’s office if you cannot afford to hire an attorney.  Once a public defender has been appointed to defend you, you may ask the court to appoint a substitute attorney only for good cause.  Good cause requires more than mere dissatisfaction with your appointed attorney and may include—

• A conflict of interest between you and the attorney
• Your attorney becomes ill and cannot continue to represent you
• There is reason to believe that your attorney is not providing effective assistance

After you are arrested, the police will bring you to the police station for the booking process.  You will be fingerprinted and asked a series of questions, such as your name and date of birth.  You will also be searched and photographed.  Your personal property such as jewelry will be cataloged and stored.

The general rule is that warrants are required for searches.  But search warrants are not required for the following—

• Searches incident to arrest:  Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
• Automobile searches:  If you are arrested in a vehicle, the police may search the inside of the vehicle.  To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
• Exigent circumstances:  Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as to avoid the destruction of evidence.
• Plain view:  Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
• Consent:  If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant.  You are not required to consent to any police searches.

The general rule is that warrants are required for searches.  But search warrants are not required for the following—

• Searches incident to arrest:  Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
• Automobile searches:  If you are arrested in a vehicle, the police may search the inside of the vehicle.  To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
• Exigent circumstances:  Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as to avoid the destruction of evidence.
• Plain view:  Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
• Consent:  If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant.  You are not required to consent to any police searches.

A search warrant authorizes police to conduct a search of a specific, place such as your residence. In order for a warrant to be issued by a judge, “probable cause” is necessary.  Probable cause to search means that—

• 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

You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you are not moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer.