1. What is the difference between a misdemeanor and a felony charge?
A misdemeanor is the lowest level criminal offense, and depending on the degree, carries a maximum sentence of one (1) year in county jail. On the other hand, a felony is a serious charge that, depending on the nature of the criminal offense charged, could result up to life in prison, or death in the case of capital murder. A felony conviction will result in the loss of certain rights forever, including the right to vote, hold public office, and possess a firearm.
2. What is the purpose of posting bond and what are the various types?
The purpose of posting Bond is to assure the recurring presence of the defendant at all ensuing court appearances. Bond should be no higher than that which is necessary to compel the defendant’s appearance.
Usually a defendant will at a minimum be asked to sign a personal surety bond where the defendant will guarantee that they will pay the entire amount of the bond if they later fail to appear as required under the terms of the bond. Under a percentage bond, the defendant will pay a bondsman a percent, usually 10, of the entire bond amount and then will back the bond with some sort of collateral like a home, car, boat, etc.
3. When is a Miranda warning required?
Law enforcement must read you your Miranda rights when you are in custody (meaning you no longer feel free to walk away from the conversation) and are being questioned.
The first of those rights is the right to remain silent. If an officer Mirandizes you, anything you say thereafter can later be used against you as evidence in a court of law. Secondly, you have a right to have an attorney-whether retained or appointed-and to then have that attorney present at all critical stages of the criminal justice proceeding.
4. What is a search warrant and what do the authorities need to show in order to obtain one?
A search warrant is a document authorizing law enforcement to enter the private property of an individual for the purpose of uncovering evidence of a crime. In order to obtain the warrant, law enforcement must present an unbiased judge with a signed affidavit and other evidence which leads the judge to believe that there is probable cause that the search will yield fruits of a crime.
5. When can I be arrested without a warrant?
In Florida, a police officer may make an arrest without a warrant when: The officer knows there is a valid, outstanding warrant for your arrest, but it is being held by another officer; the officer has probable cause to believe an individual is committing, or has committed, a felony; or, when the officer is present during the commission of a misdemeanor.
6. After being arrested, can I “settle” my charge?
A settlement is a term from the civil arena which usually calls for an agreement and termination of a pending lawsuit. On the criminal side, a settlement to charges is called a plea offer. A plea is offered at the pleasure of the State and is not a right. Typically, however, the State will offer to reduce the seriousness of a charge or to drop one or more of multiple charges.
There are really two types of deferred resolutions, “deferred prosecutions”, where the prosecution of the crime is delayed for some amount of time, subject to the defendant’s successful completion of certain named conditions, and “deferred judgment” where the defendant enters a guilty plea that is later withdrawn if they adhere to the terms of the agreement.
The main distinction is that with a deferred prosecution, the defendant never enters a plea; whereas with a deferred judgment, the defendant must enter the guilty plea at the outset of entering into the agreement.
But in any event, if the defendant behaves in accordance with the terms of their agreement and satisfies all conditions, the practical effect is to generally allow the defendant to deny having been charged of the underlying crime.
8. What is a plea of “no contest”?
A plea of “no contest” or “nolo contendre” means that you do not contest the charges brought against you, but you do not want to admit guilt. In actual practice, a plea of “no contest” does not differ greatly from a guilty plea in that it requires the defendant to forgo certain Constitutional rights, namely the right to a trial by jury and the right to confront State’s witnesses. It should also be noted that in the federal system, a defendant may not plead “no contest”, only innocent or guilty.
9. What if the arresting officer made a promise to me about what charges would ultimately be filed?
Police officers and federal agents lack the authority to make any binding agreements. Unfortunately, officers and agents often do make empty promises to defendants at the time of arrest in order to obtain additional evidence. The defendant should be aware that in that capacity, police and federal agents can only make recommendations to state attorneys and US attorneys.
10. Is there a statute of limitations for filing criminal charges?
Yes. For most crimes, subject to some exceptions, there is a statutory time limit within which the State must file charges or forever waive the right to do so. In the case of murder and sex crimes, especially those against minors, there is no statute of limitations within which the State must file the case.