Q. “What does this new “Stand Your Ground” law in Florida really mean?”
A.”It means you no longer have to try to escape or retreat first, before shooting and killing your attacker. It used to be, we had to show that we first tried to run away or escape before killing our attacker, but not anymore. Now, if you can show that your attacker was armed and putting you in fear of death or even great bodily harm, that’s justification in and of itself today under Florida’s new “Stand Your Ground” law, to summarily dispatch them into eternity.”
Q. “Why are they prosecuting people for felonies and putting them away in State Prisons for just drunk driving cases?”
A. “Most States are doing this now, if they find from a criminal history (background check) “NCIC” (National Crime Information Check) that the individual has at least two (2) prior DUI or DWI (“driving under the influence” or “driving while intoxicated”) convictions in their life — and worse news for repeat offenders? Most States are permitted to go back as far as their records/data collection allow — as far back as 20 years, to resurrect the prior offenses as predicate acts, to establish the current “felony DUI” charge and prosecution. In that case, sadly enough, the many productive years of sobriety in between the new offense and the very old, historical offenses, is unfortunately rendered meaningless.”
What type of sentence can the defendant expect to receive?
There are many different sentencing options for the judge to consider. Sentencing is based on the type of crime, a past criminal history, and the defendant’s perceived danger to the community. Some sentencing options available include: fine, probation, community service, treatment or imprisonment in a prison.
Is there ever a good reason for the defendant to plead guilty?
Occasionally, a guilty plea is the best option. Most judges will offer a lesser punishment if a defendant pleads guilty during the arraignment. A guilty plea avoids the necessity of a long and draining trial process and the possibility of stiffer penalties if convicted in trial.
Will a conviction be in a permanent and public record of the defendant?
Yes, a conviction is public record and may be reviewed by the general public. Expungement is a means to rid the defendant of their criminal record and is not available with all crimes and varies by state.
How long does a misdemeanor trial take?
Usually, it lasts from one day to a couple of weeks.
Does a misdemeanor conviction become public record?
Yes.
How long does a felony trial take?
It depends on the nature of the crime, but generally takes between a couple months to one year to complete.
Is a felony conviction public record?
Yes.
Do I have to testify in trial?
No. The defendant has a Constitutional right to remain silent and refuse to testify. Deciding whether or not the defendant should testify is a decision that must be made on a case by case basis between the defendant and his/her Ft Lauderdale criminal attorney. If a defendant testifies, he/she can then be cross examined by the prosecution. Because it is a US Constitutional right to remain silent, the judge will instruct the jury not to consider it a sign that the defendant is guilty. If a defendant is plea bargaining, he will have to answer a few basic questions asked by the judge.
Why have I seen so many different attorneys and judges?
A defendant may have one or several attorneys and each may be a specialist in a different area of law pertaining to the case. This may also be the case for the prosecuting attorneys. The defendant may also appear before several judges at the various court appearances.
Will the police officer who arrested me be in court?
It is entirely possible that you will see your arresting officer as he/she is a member of the prosecution’s team and will work with the prosecutors to present a case against the defendant. However, if the police officer fails to show up to trial the case may be dismissed.
When do my witnesses appear in court?
Your Fort Lauderdale defense attorney will decide on an appropriate and strategic time to present defense witnesses.
What are my US Constitutional rights if I’m arrested?
In the United States, citizens and non-citizens are guaranteed Miranda rights by the US Constitution. Contrary to popular belief, Miranda rights are not required to be read by police at time of arrest. If the police do not inform you of your Miranda rights, your defense attorney may request that any statements made to the police not be used against you in trial. Miranda rights include the right to silence, the right to have an attorney present during police questioning, and the right to an appointed lawyer if you cannot pay for one.
Does the defendant get a chance to tell their side of the story?
The defendant’s side of the story is important in every criminal case. First, the defendant tells his side of the story to his attorney who then presents that information in court. Whatever the defendant says can be used against him in court, but what the defense attorney says will not be used against the defendant.
Can I be questioned once I’ve been told my rights?
Yes, you can be questioned, but you have the right to remain silent or to wait for your lawyer before answering any questions.
If I don’t show up, can my attorney represent me in court?
It depends on which stage of the criminal process the defendant did not show up for. A defendant should find out from his attorney which court appearances he must attend and which the defense attorney can attend in his absence.
How do federal and state laws differ?
Federal laws override state laws when the two are against one another.
May I appeal a conviction?
Initially, every verdict can be appealed and should be done as soon as possible as each state has different appeal timelines. Appeals should be filed within 7 to 10 days from the final judgment. Appeals may be filed from the state and federal level to the U.S. Supreme Court.
How many times can I appeal?
Each appeal is made to the court one level higher than the one who made the verdict you are appealing. You may appeal as many times as it takes to reach the highest court, either the state supreme court or the U.S. Supreme Court. When the highest court decides not to hear the case you cannot appeal any longer.
How soon does an appeal need to be made?
The timeline varies by state so it is important to discuss a possible appeal with your defense attorney as soon as possible.
Once a plea is made, can it be withdrawn?
The defense attorney may withdraw a plea by filing a written motion to withdraw a plea.
May I represent myself in court without using a lawyer?
Yes.
When is it legal for a police officer to conduct a search?
A police officer can conduct a search with your permission, with a search warrant, or when he/she has probable cause. Also, an officer can conduct a search if an emergency situation warrants it. Upon arrest, a body search is warranted.
Is it possible to get bail reduced?
Bail is set at the time of arraignment, soon after arrest. It is not mandatory and can be refused altogether by the judge. In order to reduce bail, the defense attorney would need to file a motion to reduce bail which the judge will review. Factors such as family history, the defendant’s character, professional responsibilities, past criminal history, and circumstances surrounding the case will all be considered when the judge decides whether or not to reduce bail.
If I don’t like my public defender can I get a new one?
The US Constitution’s Miranda Rights guarantee the defendant legal counsel but not the right change or choose that representation. The only way to get a new public defender is to prove to the court that the representation is sub-standard and incompetent. However, a new public defender is rarely granted.
What if the judge or the prosecutor is biased and unprofessional?
If the judge is deemed biased, the defense attorney may ask him/her to recuse himself (retire from the case) or he may file a motion with the court to have the judge recused. Some states allow a defendant to recuse a judge automatically if the defendant believes the judge is biased.
What does this new “Stand Your Ground” law in Florida really mean?
It means you no longer have to try to escape or retreat first, before shooting and killing your attacker. It used to be, we had to show that we first tried to run away or escape before killing our attacker, but not anymore. Now, if you can show that your attacker was armed and putting you in fear of death or even great bodily harm, that’s justification in and of itself today under Florida’s new “Stand Your Ground” law, to summarily dispatch them into eternity.
Why are they prosecuting people for felonies and putting them away in State Prisons for just drunk driving cases?
Most States are doing this now, if they find from a criminal history (background check) “NCIC” (National Crime Information Check) that the individual has at least two (2) prior DUI or DWI (“driving under the influence” or “driving while intoxicated”) convictions in their life — and worse news for repeat offenders? Most States are permitted to go back as far as their records/data collection allow — as far back as 20 years, to resurrect the prior offenses as predicate acts, to establish the current “felony DUI” charge and prosecution. In that case, sadly enough, the many productive years of sobriety in between the new offense and the very old, historical offenses, is unfortunately rendered meaningless.
