We Defend You!

If you or a relative are in a county facility and cannot be released because your offense is a “no-bond” offense, it is necessary to have a judge determine whether a bond should be set and, if so, how much the bond should be. Unfortunately, this will result in a certain delay in which the arrested person will be confined. Depending upon the nature of the offense and whether it is for violation of probation or violation of community control, a bond hearing must be scheduled in front of the appropriate judge. For people who are arrested for the first time on either a felony or misdemeanor where the state has not yet formally brought charges, the appropriate judge is the county judge to rule on the bond issues.

If, however, the person has been arrested for a felony offense and the state has filed formal charges prior to the county judges ruling on a bond matter, the appropriate court becomes the circuit court. If the person arrested is arrested for a violation of probation or community control then the matter should be scheduled in front of the judge who placed that person on probation or community control.

If you or a relative has been arrested or charged with a crime you have the right to an attorney of your choosing. However, if you cannot afford to hire an attorney and you qualify under Florida law for the appointment of a public defender, you may ask the judge to appoint you a public defender. In certain misdemeanor and traffic cases you are not entitled by law to the appointment of a public defender, however, you will always have the right to hire your own criminal lawyer at your own expense. In felony cases you are always entitled to a public defender should you qualify under law.

It is not necessary that you have a lawyer. You can always act as your own lawyer. However, considering the seriousness of criminal offenses and the impact they have on the rest of your life, it is certainly wise to consult with a lawyer before deciding to go it alone. Many criminal defense lawyers in the Central Florida area will provide a free consultation or otherwise provide free information to help you determine if you want to have a lawyer.

A public defender is appointed by a judge. You cannot just obtain the public defender or ask for their help. They will require the appropriate judge to appoint their office to represent you. Once you are appointed a public defender, you do not have the right to choose who that public defender will be. You may end up with the same public defender during the course of your entire case or it may occur that several public defenders will rotate in and out of your case.

Many people think that public defenders are inferior lawyers. That is not true. There are many qualified public defenders. There are many experienced public defenders. Many public defenders truly care about their clients and their cases. However, public defenders are stretched thin over a large number of clients on a weekly basis. Therefore, it is up to you to decide whether it is in your best interest or the best interest of your friend or relative to use a public defender.

All persons arrested in the United States, regardless of whether they are citizens of this country, have constitutional rights that are provided for their protection. In the State of Florida you have rights that are provided either from the United States Constitution or the Constitution of the State of Florida.

You are probably familiar with many of the rights from watching television and movies. You have a right in most cases to a trial by jury. In Florida, except for capital crimes, the jury is made up of six (6) residents of the county where the offense occurred. You have the right to have this jury hear the witnesses and see the evidence. You have a right to be present during the trial and while the jury is hearing the case. You have the right to see, hear and confront the witnesses against you.

You have the right to call witnesses of your own. If you wish to obtain witnesses but you cannot be sure that they will appear in court you can have the court issue a subpoena or order directing them to appear. You have the right to testify yourself should you choose to do so but nobody can make you testify if you do not want to. This is part of your right to remain silent.

You have the right to an attorney should you want one. If you want an attorney but you cannot afford an attorney and you qualify under Florida law you can be appointed a public defender to represent you. You do not necessarily have the right to pick which public defender will be your lawyer. The lawyer will act on your behalf before the trial, during the trial and after the trial. You have the right to have your attorney ask questions of the State’s witnesses at the trial. This is called cross-examination.

You have the right to have the state prove its case against you beyond and to the exclusion of every reasonable doubt using lawfully obtained and admissible evidence. Finally, should you be unhappy with the results of your trial or case you have the right to a criminal appeal. An appeal is a review by a higher court to see that you were treated fairly. If the higher court believes that there was an error of law then the appellate court has the power to correct the mistake.

You keep all of these rights by pleading not guilty. Not guilty says you deny the charges. Should you choose to plead otherwise you may plead guilty which means you admit the charge or no contest which neither admits nor denies the charge but which allows the court to treat you as if you had pled guilty.