What Are The Common Types Of Criminal Cases Your Firm Handles?
Our criminal practice includes the defense of clients accused of crimes such as DUI, traffic offenses, drug possession and trafficking charges, disorderly conduct, white collar offenses, domestic violence, shoplifting and theft crimes, assaults and batteries, burglary and robbery crimes, juvenile offenses, weapons charges, and violations of probation. As your criminal defense attorney in Live Oak, FL, we cater to all possible dimensions of criminal defense, and will come up with the best solution for your case.
How Do People Unintentionally Incriminate Themselves In A Pending Criminal Case?
Simply talking too much—people tell the officer everything when they don’t need to, and as a result, provide too much information. They need to know that they have a right to remain silent and that they can invoke the right to an attorney, but should not state everything that’s on their mind. You have the legal right to not answer questions and incriminate yourself.
What Are Miranda Rights? | Consult Your Criminal Defense Attorney in Live Oak, FL
The Constitution gives everyone the right to be silent when arrested by the police for a crime. The U.S. Supreme Court ruled in Miranda v. Arizona that the police must advise people of their rights before a law enforcement officer questions those in police custody. Custody refers to the deprivation of a person’s freedom of action in a significant way. It is important to note that Miranda rights do not go into effect until after an arrest is made. The Miranda warning is only required if the police wish to interrogate the suspect. If police have no desire to interrogate the suspect, they do not have to give the Miranda warning. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court. For more information, contact us; we’re happy to help you better understand all the issues related to Miranda rights. Call The Chauncey Law Firm, P.A., your criminal defense attorney in Live Oak, FL.
What Happens After I Get Out Of Jail? | Criminal Defense Attorney in Live Oak, FL
Every criminal case starts either with an arrest or a summons to appear in court. An arrest lands a person in jail. A summons orders a person to appear in court on a specified day.
First Appearance – It involves being brought before a judge and the judge makes a determination regarding probable cause, and will typically set the terms for pretrial release.
Arraignment – An arraignment is a court date on which a judge informs the accused as to what the formal charges are. This court date is usually about 30 to 45 days after the arrest. This is also the time in which the accused makes an initial plea. If the accused has hired a criminal defense attorney in Live Oak, FL or other area, prior to the arraignment, the attorney will most likely waive his client’s appearance to the arraignment and enter a plea of not guilty on his behalf.
Pretrial Motions and Hearings – Between the arraignment and the first pretrial hearing most of the defense motions need to be filed. The pretrial hearing is the time in which the court will want to know whether the case will be set for trial, continued, or set for plea.
Discovery – Discovery is an ongoing obligation by both the state and the defendant to share evidence in preparation for trial.
Plea Negotiations – Plea bargains are the result of complex negotiations in which defense attorneys make careful strategic choices in balancing risk and reward. The reward may include pleading to a lesser charge and obtaining a lesser sentence, as compared with what might be the outcome not only at trial but also from a later plea offer if the case grows stronger and prosecutors stiffen their resolve.
Trial – We all have a right to a trial if we are accused by the state of committing a crime. The trial shall be conducted before a jury of our peers.
Sentencing – A sentence occurs either after a plea of guilty or no contest or after a jury verdict of guilty. A sentence is either a term of incarceration or a fine or both. A judge may withhold the sentence and order probation.
For a detailed analysis of any of the aforementioned steps of the judicial process, contact a criminal defense attorney. In Live Oak, FL and the surrounding areas, we have assisted many people as they try to get a better grasp of the process, the courts, and how it will all affect them. We’re happy to assist you.
How Will A Prior Arrest Or Conviction Impact My Criminal Case?
Judges and prosecutors will be on notice that this is not your first law violation when determining the appropriate bond at the first appearance. The law permits judges to use someone’s prior contact with the criminal system when determining the appropriate bond. Prosecutors will most always offer less favorable plea offers if you have been through the system before. In some situations, such as DUI cases, a judge may be required by law to enhance a sentence if a defendant has a prior conviction for the same type of offense on their record.
For more information on criminal cases in Florida, a free initial consultation is your next best step; contact your criminal defense attorney in Live Oak, FL, The Chauncey Law Firm, P.A. Get the information and legal answers you are seeking by calling us today at (877) 315-5107.