Important Legal Terms Every Criminal Defense Client In Florida Should Know

In this article, you can discover…

• The meaning of “probable cause” and how it is measured in Florida.
• What an “arraignment” is, and what to expect during one
• Your rights to “due process” and how it impacts your case.

What Is The Difference Between A “Felony” And A “Misdemeanor” In Florida?

In Florida, a felony is any crime that is punishable by more than one year in jail or prison. A misdemeanor is any crime where the maximum possible punishment does not exceed one year in jail.

For example, a second-degree misdemeanor in Florida is punishable by up to 60 days in the county jail. A first-degree misdemeanor is punishable by up to 364 days in the county jail.

How Are Different Levels Of Felonies Punished In Florida?

A third-degree felony, which is the lowest felony in Florida, is punishable by up to five years in state prison, as opposed to county jail. A second-degree felony is punishable by up to 15 years in state prison. A first-degree felony is punishable by up to 30 years in state prison.

There are certain first-degree felonies known as PBLs (punishable by life), which are punishable by up to life in state prison. The most serious level of felonies in Florida, capital felonies, are punishable by death.

What Is An “Arraignment” And What Should A Defendant Expect From One?

An arraignment is a hearing wherein the State Attorney’s Office announces if they are filing charges and, if so, what charge or charges they are filing against you. This is a bit different from a “first appearance” or “bond hearing”, where you are advised of what the police have arrested you for.

Attorney Javier A. Gonzalez is a fair-minded, determined criminal defense attorney serving Florida. For nearly 15 years, he’s helped clients just like you understand the law and protect their rights when charged with serious crimes.

Have questions, or in need of legal representation? Reach out to the Law Office of Javier A. Gonzalez, P.A. for an initial consultation today.

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What Is An “Indictment” And What Does It Mean For The Defendant?

An indictment is a criminal charge and is one of two ways that you can be criminally charged in Florida. In the State of Florida, being charged through indictment requires that a grand jury find that there is probable cause to charge you with a crime.

The standard of “probable cause” means that there is a reasonable belief that a crime has been committed based on facts rather than a mere hunch or assumption.

Alternatively, you may be charged via information, which does not require a grand jury. It simply requires that the prosecutor, the State Attorney’s Office, decides that they have enough information to proceed with filing criminal charges against you.

What Is “Due Process” In The Context Of A Criminal Trial?

Due process describes your all-encompassing rights and entitlements (such as your right to an attorney) as you navigate the legal system from your arrest through a trial. Due process places certain checks on law enforcement and the State as prosecutors to ensure your Constitutional rights are protected.

For example, it would be a violation of your due process to not have reasonable access to your attorney. If you are not allowed to see or speak to your attorney, no matter how far away you are from trial, that is a due process violation. Due process is always at play in the context of the law and any criminal proceedings against you.

What Is A “Subpoena” And How Can It Impact A Criminal Defense Case?

A subpoena is a very specific court order directing the recipient of the subpoena to appear at a specific date, time, and place. For example, a subpoena for a deposition requires a person to appear at a specific time and place to give their sworn testimony regarding a criminal case. A trial subpoena orders a person to appear at a specific courtroom at a specific time and date for potential testimony at a trial.

Lastly, subpoena deuces tecum directs a witness to appear at a specific time and place and to also provide certain things, usually documents or evidence materials.

Still Have Questions? Ready To Get Started?

For more information on criminal defense legal terms, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 917-5284 today.