FREQUENTLY ASKED QUESTIONS: The following are some questions that you may have regarding your arrest. These are for informational purposes only. These questions and answers may not relate to the specific facts of your case.
WHAT ARE MY MIRANDA RIGHTS? Law enforcement agencies created a basic set of statements that should be read to the accused persons before any questioning. The following are examples of “Miranda Rights”:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed to you.
Miranda Rights apply only when a person is detained by the police or a person is not free to leave and the person is being asked questions by the police which may result in an incriminating response. If you are detained and the officer wants to question you about the crime, the police officer must first read you your Miranda Rights. A person who is accused of committing a crime by law enforcement must be read his/her Miranda Rights before he/she can be subjected to a custodial interrogation. You can be arrested and NEVER read your Miranda Rights.
WHAT IS A BOND? A bond is used to insure you will appear at each and every court hearing until the case is fully resolved. When you are booked into jail, you will be told your bond amount. Some crimes such as domestic violence battery, violent crimes, sex crimes and certain drug trafficking crimes have NO BOND and you must stay in jail until your case is heard by a Judge.
HOW DO I GET OUT OF JAIL? You have two (2) options.
1) A Cash Bond: Is when a “Depositor”, family member or friend, goes to the Jail with the full amount in cash. Although it may take many hours to be processed through the system, you will be released from jail. If you and/or your attorney appear at all court hearings, the Depositor will get the cash bond returned to them once the case is finished. However, if you are found guilty, the court may order you to pay court costs out of the posted cash bond amount. If there is a remaining balance, it will be returned to the Depositor.
2) Hire a Bondsman: Usually, the Depositor will give the bondsman 10% of the total bond amount (called the “juice”). This “juice” will not be returned to the Depositor but is considered the bondsman’s fee. In addition to the “juice”, the Depositor will have to give a collateral equal to the 90% remaining balance. The collateral may be a title to a car, house, jewelry, etc. If you and/or your attorney appear at all court hearings, the collateral is returned to the Depositor once the case is finished. However, if you and/or you attorney fail to appear at your court hearings, the collateral can be kept by the bondsman.
WHAT IS THE DIFFERENCE BETWEEN PLEADING NOT GUILTY, NO-CONTEST OR GUILTY ? There are three types of pleas. For sentencing purposes, either a plea of Guilty or No-Contest will result in the same sentence.
1) Not Guilty: means you formally deny committing the crime of which you are accused. If you plea not guilty, your case will proceed towards a trial where the State must prove you guilty of the crime. You can change your plea at any time during the course of your case.
2) No-Contest: means you do not admit to committing the crime nor do you deny committing the crime. Rather, you admit that the State can prove the case against you.
3) Guilty: means you formally admit to committing the crime of which you are accused.
WHAT IS A DIVERSION PROGRAM? For felony charges, the diversion program is called Pre-trial Intervention (PTI). This program is a tremendous opportunity for first time offenders because when you successfully complete the program, the criminal charges are DISMISSED against you.
HOW TO I QUALIFY FOR A DIVERSION PROGRAM? To qualify for PTI, you cannot have any prior felony charges against you.
WHAT IS ADJUDICATION OF GUILT? In Florida, a person who pleads Guilty or No-Contest to a criminal charge or who goes to trial and is found guilty of a criminal charge will be sentenced by a Judge. If the Judge adjudicates you guilty, it means you have been formally found guilty and convicted of the crime. For both misdemeanor and felony convictions, this will be on your permanent record. Additionally, you are not eligible to have that crime or any other crime (prior or subsequent) sealed or expunged from your record.
WHAT IS A WITHHOLD OF ADJUDICATION OF GUILT? If the Judge withholds adjudication of guilt, it means you have not been formally found guilty of the crime and there is no conviction. If you receive a withhold of adjudication of guilt, you can lawfully deny being convicted of a crime and you may be eligible to have your crime sealed or expunged from your record.
It is possible to plea guilty to a crime and receive a withhold of adjudication and thus, not be convicted of the crime. However, in some cases, the Judge can order you to probation or other sanctions.
WHAT IS A NOTICE TO APPEAR? For some misdemeanor offenses (petit theft, traffic violations and possession of marijuana), the officer may choose to give you a Notice to Appear rather than arrest you and bring you to jail. The Notice to Appear will notify you of your future court date. If you fail to appear on your court date, a warrant will be issued for your arrest. If possible, you should ALWAYS ask the officer for a Notice to Appear rather than be arrested.
Contact us to schedule your FREE initial consultation
