Understanding the criminal procedure process in South Florida can feel overwhelming, particularly for those unfamiliar with the legal system. This blog aims to clarify the steps involved, from the moment a person becomes the target of an investigation to the potential outcomes following an arrest, offering guidance on what to expect during this often stressful time.
One unsettling aspect of the criminal justice process is that individuals can be under investigation without even realizing it. Law enforcement agencies frequently conduct confidential investigations, gathering evidence and witness statements before taking any formal action. This lack of awareness can leave individuals in shock when they discover they have been on law enforcement’s radar, only to find that a warrant has been issued for their arrest. On the other hand, in some cases, law enforcement may even contact you to request a statement, but it’s crucial to remember that you should not provide any statements without first consulting a criminal defense attorney.
Once sufficient evidence is collected, law enforcement can seek search warrants allowing police to search homes or other locations, seize items for purposes of holding as evidence, and potentially stumble upon material that may lead to additional crimes. Law enforcement can also seek an arrest warrant, and arrest an individual based on probable cause. If a warrant is issued, the next step may be an arrest, resulting in the individual being taken into custody at local jails. After the arrest, individuals are typically given the option to bond out after seeing a magistrate judge within 24 hours. Being able to post bond means people can be released from jail while awaiting future court dates. In some cases involving low-level offenses, instead of an arrest, individuals may receive a summons, which requires them to appear in court at a later date without the need for an arrest. If you were arrested and able to post bond, you will likely receive information regarding your next court date through the postal mail.
Your first court appearance is called an arraignment, where the formal criminal charges against you will be read. At this stage, it is common for your attorney to enter a plea of not guilty, and request discovery—which is the evidence that the prosecution plans to use to move for a conviction. Discovery must be provided by your attorney over the next months or so in order for a legal analysis to be provided to you.
Following this first court date called an arraignment, you may have additional court dates known as soundings or calendar calls. These hearings serve as status updates, allowing the court to check in with your attorney on the progress of your case. During this time, your lawyer will be thoroughly reviewing and investigating the details of your case. As your attorney delves deeper into the case, several options may emerge. For example, if there are valid motions to file based on unconstitutional actions by law enforcement or if key witnesses decide not to cooperate, your attorney may seek for evidence suppressions or to have the charges dismissed. Alternatively, they might negotiate a plea deal in your best interest, which could lead to reduced charges or lighter sentencing. If the evidence against you is strong and a favorable plea deal cannot be reached, your attorney will prepare your case for trial, ensuring that you have the best defense possible.
Navigating the criminal procedure process in South Florida can be challenging, but understanding each step empowers individuals to take control of their situation. Whether you find yourself under investigation, facing charges, or preparing for court, having an experienced criminal defense attorney is critical. A skilled attorney will guide you through the complexities of the legal system, advocate for your rights, and help you explore the best options for your case. If you or someone you know is facing legal challenges, don’t hesitate to reach out to 954-888-8833 for legal assistance. Time is of the essence. Prepare to conquer.
