Criminal Defense F.A.Q.'s
- I Have Been Arrested For a Crime In Florida. What Are My Rights?
- How Does The Criminal Justice System Work?
- Am I Entitled to a Bond?
- What Is Arraignment?
- Do I Need To Attend The Arraignment?
- How Can I Find Out The Evidence Against Me?
I Have Been Arrested For a Crime In Florida. What Are My Rights?
You have the right to an attorney, the right to remain silent, the right to know the crimes you have been charged with, the right to examine the evidence the state has against you, the right to confront your accusers and cross-examine witnesses, and the right to a trial by jury.
How Does The Criminal Justice System Work?
After you are arrested, the State Attorney's Office will review the arresting officer's narrative description of your alleged offense that led to your arrest and make a determination as to whether formal charges are to be filed. If formal charges are filed, a judge will set arraignment, pretrial and trial dates.
In many cases you will be entitled to a bond, and it is possible to bring your case before a judge and have a bond set or lowered.
An arraignment involves your appearance before a judge. The judge will tell you officially what the charges against you are at your first arraignment. You can enter a plea of not guilty, no contest or guilty at this arraignment. The Judge also sets the dates for your case to go to pretrial and trial. You have the right to be arraigned, typically within two court days after being arrested.
Do I Need To Attend The Arraignment?
All court hearings are mandatory. It may be possible to file a motion to excuse you from your arraignment, however.
How Can I Find Out The Evidence Against Me?
Once you have been arraigned, you are entitled to all evidence the state intends to use against you. During this process, witnesses may be interviewed, allegations against you may be investigated, and your defense strategy will be solidified.
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See Also:
Steven G. Casanova, P.A.
Attorney at Law
2323 South Babcock St.
Melbourne, Florida 32901
Phone: 866.698.5155 | Telefax: 321.725.3737
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