Punta Gorda, FL – Many people who have been arrested have little or no experience with the criminal courts and Florida’s criminal justice system. This can make the processes that happen after an arrest confusing. The best solution for anyone in this situation is to retain a local defense attorney to assist with the process of defending against the state’s charges. The attorney can provide advice about the best course of action and answer other important questions along the way.
Is a person required to answer questions from the police after an arrest?
There is a constitutional right to refuse to answer any questions and ask a criminal lawyer for advice before speaking. When police ask for information they are essentially trying to help the government build a criminal case against the suspect. The burden of finding this information and proving all of the elements of the crime is entirely on the government, not the person who is arrested and they have no obligation to explain why they are not guilty. This means that the suspect does not need to say anything or provide them with any information.
Why are some crimes called misdemeanors and others called felonies?
These categories exist to divide crimes by the potential length of a sentence. A misdemeanor is a crime that can possibly land a person in jail for up to a year. Felonies are more serious crimes that can result in prison sentences of one year or longer. Both misdemeanors and felonies can have other conditions aside from a jail sentence, such as paying fines and restitution, probation, and community service.
What happens immediately after an arrest?
The person will be transported away from the crime scene and booked into their system which means entering their name, date of birth, residence, and other details. There is a review of the charges by a judge afterward and the person may be given the opportunity to post a bond and be released until the trial date if they do not have any other outstanding open warrants or charges.
Is there a difference between an arrest and a conviction?
In order to make an arrest, the government only needs a suspicion that a person has committed a crime. However, in order for the person to be found guilty, the government needs to prove the charges beyond all reasonable doubt, which is a much higher standard.
Criminal defense attorneys in Punta Gorda
The Law Offices of Michael M. Raheb is a criminal defense firm that works with local clients in the area of Punta Gorda, Florida. Anyone who has recently been arrested can get in touch with the firm to receive legal advice.
Firm contact info:
2423 First Street, Fort Myers, FL 33901
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