Facing criminal charges can be overwhelming and frightening. Fortunately, the legal system in Florida provides many protections for individuals accused of crimes. Understanding your rights and the defenses available to you can help you figure out the best way to resolve your case. Read on to learn more about the criminal defense system in Florida, including how it works, your rights under this system, and what happens after an arrest. Click here to see more. 

Know Your Rights

If you have been arrested or charged with a crime, it's important to know your rights. The first thing to understand is that arrest and charge are not the same things. An arrest occurs when law enforcement has probable cause to take you into custody based on the facts of your case and the evidence they have gathered. A charge is what happens after an arrest — and it's not guaranteed.

You will be given Miranda warnings before speaking with police about your case; this means that you have the right to remain silent, as well as the right to an attorney and/or a telephone call. You should also know that anything you say can be used against you in court later on down the line if it helps establish guilt — so think carefully before answering questions posed by police officers or detectives!

When Can You Be Arrested in Florida

In Florida, the police have the power to arrest people who have been charged with or convicted of crimes. They also have the right to arrest someone if they have a warrant out for their arrest. Plus, if you are suspected of committing a crime you can be arrested if there is probable cause to believe that you committed it. Probable cause consists of evidence that leads to a reasonable belief that the crime was committed.

What Happens After You’ve Been Arrested

After you are arrested, the police will bring you to the station for booking. In the meantime, you'll be placed in a jail cell. Booking can be a long process so try to be patient. It can be helpful to remember that everyone is innocent until proven guilty. Once you have been booked, the police will begin their investigation. Evidence will be gathered along with witness statements. If they find enough evidence to charge you with a crime, you will be arraigned in court. 

This is where you will hear the charges made against you and the potential sentences that you might serve, along with your rights. During the arraignment, you will be giving your guilty or not guilty plea and will be asked if you already have an attorney or not so they could appoint a public defense attorney to your case. 

After this, a preliminary hearing before the judge and the lower court will be held. The prosecution shall present the evidence and grounds for the trial. If the prosecution successfully justified the charge, a plea bargain can be made in order to reduce your sentence. If the plea bargain is refused and wasn’t successful on your part, a trial will be held.

An experienced attorney will be able to help you defend yourself against charges in court. If you are found guilty, it is important to know that several factors will be considered — the weight and strength of evidence backing the charges against you, as well as the legality and abiding by procedures made by law enforcement during and upon your arrest.

Conclusion

The criminal defense system in Florida can be complex and confusing. However, it is important to remember that you have rights and there are people who can help you through the process. If you or someone you know has been accused of a crime, contact an experienced criminal defense attorney as soon as possible.