Legal Question in Criminal Law in Florida
The Criminal Process
What is the criminal process when arrested and what should I expect.
1 Answer from Attorneys
The Criminal process
Attorney Edward J. Chandler, Esq.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
TEL: (954) 788-1355
THE CRIMINAL PROCESS
Although the laws are complex and each case is different, the procedures for criminal cases are basically the same.
If you are suspected of a crime, an arrest warrant may be issued and you may be taken into custody. In serious cases, evidence is first presented to a grand jury, and, if the charges are justified, the government will proceed with an indictment against you. While you are awaiting trial you may be released on bail.
You have the right to choose an attorney or have the courts appoint one to represent you.
You have the right to choose whether your trial is by judge and jury or judge alone. The prosecution will present its case by introducing evidence to prove their charges. Remember that you are presumed innocent until proven guilty. The burden of proof is on the prosecution and they must prove guilt beyond a reasonable doubt.
You have the right to enter a �not guilty� plea. If you are found innocent, you are free to go. If you are found guilty, the judge will pronounce sentence.
You have the right to file an appeal if you are found guilty, but the prosecution cannot appeal against you if you are found innocent.
Criminal procedure rules are generally applied to more serious crimes called felonies. Less serious offenses, called misdemeanors, are usually handled in a different way.
Related Questions & Answers
-
Prescription drug and Insurance fraud-2 THe doctor was arrested 1 week before her... Asked 11/13/07, 10:36 am in United States Florida Criminal Law
-
Evidence the prosecution has charged my husband with two of the four guns in a... Asked 11/13/07, 9:15 am in United States Florida Criminal Law
-
Misdomeanor Assualt I was charged with a Misdomeanor Assualt and all that the guy... Asked 11/13/07, 6:30 am in United States Florida Criminal Law
-
Aiding and abetting how much time can u get for aiding and abetting a minor in... Asked 11/12/07, 8:46 pm in United States Florida Criminal Law
-
VOP Hearing My brother was arrested for breach of peace. This resulted in his... Asked 11/12/07, 8:09 pm in United States Florida Criminal Law