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... [...]
While many people may assume that a criminal charge will result in an arrest, local authorities will not necessarily take you into custody immediately if they have reason to believe you've committed a crime. According to Florida law, the court may instead issue a notice to appear, which essentially informs you of the charges lodged against you and requests your attendance at a specified court date.
A notice to appear may be issued by an... [...]
As this blog has reviewed, criminal acts committed in Florida are divided into two categories: felonies and misdemeanors. These classifications essentially dictate the maximum penalty you may face if convicted. However, within these categories, there are additional subsections that will further affect the sentencing process.
Felonies are generally considered more serious offenses, which merit more than a year in prison. Misdemeanors,... [...]
Under Florida law, a felony is defined as a crime that may be punishable by more than a year in a state penitentiary. Generally, felonies are seen to be the most serious type of offense, but there are further classifications within this category that can affect the sentence you face if convicted. Based on your situation, a Miami criminal defense attorney may fight to reduce your sentence by reclassifying the crime you have been charged... [...]
If you stand accused of committing a crime in the state of Florida, one of the first questions you are likely to ask a Miami criminal defense attorney is what kind of penalty you may face and, more specifically, if being found guilty will result in jail time. Several aspects of the charge lodged against you will affect the response you receive - one of which is the type of crime that has allegedly been committed.
Per Florida Statute 775.08,... [...]
