A guide to the criminal process: Part One

If you are currently under investigation for a felony or misdemeanor in the state of Florida or have a loved one who has been taken into custody, you may have a few questions about the criminal process itself, and the rights of the accused throughout the procedure.

Arrest

If the police have accrued enough evidence to establish probable cause, they can issue an arrest warrant and take you into custody. This may be preceded by a search of your home, office or some other specific location. In order to perform a search, officers must obtain a warrant from a judge. If police officers witness you committing such an act, they may arrest you on the spot or issue a notice to appear, depending on the severity of the crime and the likelihood that you will come to court when summoned. Once you are taken into custody, you will be photographed and fingerprinted.

Upon arrest, law enforcement officials are legally required to inform you of your Miranda Rights, which include your right to remain silent and your right to an attorney. At this point, you can choose to avoid answering questions regarding the incident until you have consulted a Miami criminal defense lawyer.

First appearance

By law, you have the right to appear before a judge within 48 hours of arrest. At this time, the judge will read out the charges against you.  If you have not enlisted a Miami criminal defense attorney at this point, the judge may appoint one for you. The judge may also determine whether you are eligible to post bail, and how much the amount should be.

Tomorrow, we’ll discuss the remaining stages of the criminal process in Florida.

In such instances, an experienced Miami criminal defense attorney is an invaluable ally. Scott A. Ferris, Esq. has practiced criminal law for more than 25 years and will work to ensure your legal rights are preserved.