These rights need to be read to a person in police custody anything the police intend to question someone. If the police do not ask you any questions then they are not required to read you “Your rights.” But if they do ask any question beyond your name etc. then they are required to read “Miranda rights.” Failure to do so is grounds to ask that any statements made not be used against you. Miranda rights do not apply whenever someone voluntarily makes a statement without being questioned.

Questioning by Police:

-Once the police read you your rights they can only continue questioning you if you give up your rights and if you freely voluntarily give up those rights. That means you have to understand that you are giving up your rights and nobody is forcing or threatening you to do so. Since you have a Constitutional right to an attorney it can never be used against you that you asked for legal advice prior to talking to a police officer.

Investigations:

Investigations can or cannot develop into an arrest or criminal case. Police officers will attempt to question suspects or individuals whom are the subject of an investigation. You have the same rights to an attorney during the investigation stage of a case. It is important to seek legal advice during the investigation stage of a case. No one can ever be forced to speak with law enforcement officers when they or someone else is the subject of an investigation.

Searches:

An officer may only conduct a search of a house a car or your clothing if he/she has received consent from you to search from you or a search warrant. You have the right to see a warrant prior to any searches beginning. You also have the right to have an attorney present during any execution of the search warrant.

Body Searches: when you are arrested an officer can search you for weapons, evidence, or illegal contraband. This is called search incident to arrest

Home Searches: An office may search a home in emergency situations when there is threat that evidence might be destroyed. If arrested in the home there may be certain evidence that can be seized as a result of that arrest. Other then in specific circumstances a warrant is required for an officer to search your home.

Automobile Searches: a car and/or trunk can only be searched if an officer believes that there is probable cause to believe that your car contains illegal evidence. They can also search your car if you consent to the search of your car. You do not have to consent to a search when asked by a police officer.

Warrants:

Search warrant: A warrant to search is signed by a judge and has to specify the exact location that is to be searched and what information that is intended to be seized. You have the right to look at a warrant before a search starts.

Arrest warrant: This is a warrant for the arrest of a person. A judge also signs it. It should state who is to be arrested.

Arrested:

-When a police officer arrests someone they are charging you will crimes that they believe they have probable cause to arrest you on. There will be a later determination by a prosecutor of what formal charges if any can be brought against you. You can also be arrested with an arrest warrant.

Bonds:

Non bondable charges: some charges are nonbondable which means that initially there will be no bond assigned by the jails or the Courts. In most Courts there is an opportunity later to show that a bond should be set bases on certain circumstance.

In Florida State Court some of the nonbondable charges are:

Murder

Armed Robbery

Armed Burglary

Burglary with Assault and Battery

Armed Trafficking

Armed Kidnapping

Sexual Battery on a Minor (Capital Sexual Battery)

Bondable charges: Most charges have a standard bond. When a defendant is booked into the jail the county jail will automatically set the standard bond for the charges if they are bondable. Within 24 hours a bond hearing is set before a bond hearing judge who determines if

Court Appearances:

You must be at all court appearances or a warrant may be issued for your arrest. Under certain circumstances an attorney can represent you in your absence. Contact an attorney to learn of the circumstances when this is allowed.

Arraignments:

In Florida an arraignment is set after 21 day from the day of arrest. An arraignment is the opportunity for you to enter a plea to the formal charges filed by the prosecutor’s office. These formal charges can be in the form of an information or indictment.

At the arraignment you will appear before a judge who will inform you of the formal charges brought against you. You can enter a plea of not guilty, guilty, or no contest. It is important to have legal representation for this process. If you cannot afford an attorney the judge will appoint you an attorney.

Preliminary Hearings:

At the first appearance before a bond judge there must be a finding of probable cause that the crime you were arrested for exists before you can continue to be held in jail.

In Florida State Court if the State Attorneys Office does not file formal charges within 21 days from the day of arrest then a defendant is entitled to an adversary preliminary hearing. An adversary preliminary hearing consists of live witness testimony where your attorney has the right to cross examine witnesses and argue probable cause to continue to hold you in jail.

Reports/Soundings:

Some judges set reports (otherwise known as soundings) to determine the status of a case. On this day the attorneys are required to appear before the Court and advise the Court whether or not they are ready for trial and what the general progression of the case is. This is a means for the Court to stay in touch with what is happening on each and every case. A defendant has to be present for this report unless excused by the Court. Always seek advice from an attorney before not appearing for a Court date.

Plea Negotiations:

A plea negotiation is an offer by a prosecutor to plea guilty instead of going to trial. This can be a plea to a specific amount of time, or to a charge depending on the situation. When a defendant considers pleading they can plead guilty or no contest. No contest is entering a plea of convenience. It is not admitting guilt but has the same effect as a guilty plea.

Depositions:

In Florida State Court a criminal defendant has the right to take depositions. Depositions are sworn statements where your attorney has the right to question the witnesses against you and learn what their testimony may be.

There is not right to depositions in Federal Court.

Guidelines:

There are sentencing guidelines in both State and Federal Court that dictate was kind of sentence applies to certain crimes. The guidelines change depending on a persons criminal record and the charges in the case.

Seal and Expunge:

A person can seal and expunge a criminal record once if the sentence imposed is a withhold of adjudication. A withhold of adjudication is when the Court holds back from formally convicting someone. There are certain crimes that are not eligible for sealing and expungement. When you seal or expunge your record then it is removed from your record so that if someone checks your record it will not appear. Contact a lawyer for sealing and expunging a record.

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