If you are facing criminal charges in Florida, you need to retain an experienced criminal defense attorney. Weinstein Legal Team’s criminal defense division, headed by partner and former prosecutor Matthew Shafran, takes calls 24 hours a day, 7 days a week. The sections below explain what happens after an arrest in Florida, with the rule or statute that governs each step.
What should I do after an arrest in Florida?
After an arrest in Florida, do not resist, say clearly that you want a lawyer, and answer no questions about the case until your lawyer is with you. Florida law does not allow a person to use force to resist an arrest by a known law enforcement officer (Fla. Stat. 776.051). You have the right to remain silent and the right to counsel; use both. Then call a lawyer: a lawyer retained early can attend first appearance and contact the prosecutor before charges are filed. If you have learned of a warrant but have not been arrested, read the arrest warrants page before you do anything else.
What happens at first appearance?
At first appearance a judge tells you the charge you were arrested on, advises you of your right to counsel, and sets the conditions of your release, including any bond. Under Florida Rule of Criminal Procedure 3.130, a person who is arrested and not released must be taken before a judge within 24 hours of arrest. Your lawyer can appear at first appearance and argue for release on your own recognizance or on a lower bond. The first appearance page covers what to expect.
How does the State Attorney decide whether to file charges?
In Florida the State Attorney, not the arresting officer, decides after an arrest whether to file charges and which charges to file. The office can file the charge listed at arrest, file a different charge, or decline to file. Before that decision is made, a defense lawyer can give the assigned prosecutor information the arrest report leaves out, such as witness statements or records, which is one reason to retain a lawyer as soon as possible after an arrest.
What is the difference between a misdemeanor and a felony in Florida?
A misdemeanor in Florida is a crime punishable by up to one year in county jail, and a felony is a crime punishable by more than a year in state prison (Fla. Stat. 775.08). Read more on the felony charges page.
What is the difference between state and federal charges?
State charges in Florida are prosecuted by the State Attorney in the state’s circuit and county courts, and federal charges are prosecuted by the U.S. Attorney in federal district court. The two systems have different prosecutors, courts and rules, so a federal case is handled differently from a state case from the first day. The federal charges page explains what a federal case involves.
How do sealing and expunction work in Florida?
Sealing and expunction are court orders that remove a criminal history record from public view: a sealed record is confidential and available only to the subject and to certain government agencies, and an expunged record is destroyed except for a copy kept by the Florida Department of Law Enforcement. Sealing is governed by Fla. Stat. 943.059 and expunction by Fla. Stat. 943.0585. Both begin with a certificate of eligibility from the Florida Department of Law Enforcement, after which a petition is filed with the court. The sealing and expungement page explains who qualifies.
Which criminal defense pages should I read next?
Weinstein Legal Team’s criminal defense pages cover specific charges and the steps of a case:
How do I get a case review?
Contact Weinstein Legal Team today to schedule a case review with an experienced criminal defense attorney. The review is free, the phone is answered 24 hours a day, 7 days a week, and fees for criminal matters are quoted individually.
