When do the police have to read me my rights in Florida?
Law enforcement has to advise an individual of their rights when they're in custody, and the statements they take are intended to be used in court. If an individual is not in custody and law enforcement's not gonna use those statements against them in court, then there's no need for Miranda warnings, or your rights being read to you. One trick that law enforcement likes to play is to invite an individual to the police station or the Sheriff's office and advise them they're not under arrest, they're free to leave, then ask them a series of questions and allow them to leave, only to find a few days later, the police knocking at the door, making an arrest. The statements made at that interview are admissible because you were not in custody at that time.
What is the criminal court procedure in Florida?
The criminal court procedure normally starts off with first appearance, where an arrestee is advised of their rights, bail set, probable cause is determined. Then it moves on to the next stage, which would be an arraignment in either county or circuit court. Then there would be pretrial hearings to determine the course of the litigation, a plea or trial. Once that's determined, either a plea hearing will be set, or a trial will be set.
What is the difference between assault and battery?
The difference between assault and battery is assault is a threat do do harm, a battery is doing that harm. The touching of another individual, no matter how slight, if unwanted, is a battery. If you're charged with assault or battery, you need to contact an experienced criminal defense attorney right away.
Why can individuals be charged with drug dealing in Florida when the drugs...
Even if the drugs are for personal consumption, depending on the weight of the drugs, the type of drugs, and any other paraphernalia that may be in your possession or control, the police can charge you with delivery, which is the same as drug dealing. You don't have to sell, just the mere deliverance of a drug is drug dealing in Florida. If that happens, contact an experienced criminal defense attorney.
What are the typical steps in a criminal proceeding in Florida?
After an arrest, an individual will go to first appearance. A lot of times that's conducted through a video. At that incident, the judge will advise you of your rights, inquire as to whether you have an attorney, and set bail. The next process would be bailing out, or a preliminary hearing. After the preliminary hearing, if one is held, first appearance, or arraignment, would be the next step. At arraignment, again, you would be advised of your rights. Most like, if you didn't have a lawyer, which you should by that time, a public defender would be appointed. The process after that is trial. Between the arraignment and trial, there is several pre-trials. Your attorney will be able to get discovery, which is all the information the state has against you.
How much does it cost to hire an attorney in a criminal case in Florida?
Typically, a fee in a criminal case is based on the nature of the charge, the individual background, and the amount of work it would take the attorney to defend the individual. Each individual is unique. Each case is unique. Some lawyers, like myself, gauge fees upon what my client earns, how much they can afford, and the nature of the charge. I try to work with my clients.
The police want me to talk about a crime they think I committed. Should I comply?
No, you should not speak to police without an attorney present. The police will, a lot of times, ask you to, "Come in and talk to us, because you can help clear this up. You can clear your name." That translates into, "Help us shore up our case." They will bring you in, tell you you are free to leave at any time, interview you, and then later use those statements against you.