Florida Legal Article:
Florida criminal lawyers

Florida criminal lawyers can be invaluable for clients who have been accused of committing some sort of crime. They are not only highly-educated in criminal law, they are also experienced in applying that law to their clients' situations, and making sure that their clients' constitutional rights aren't violated. While every person charged with a crime should certainly consult with one or more reputable Florida criminal lawyers, they should also have a basic understanding of the criminal process before doing so.

Miranda Rule:

Whenever the police take you into custody, the Miranda Rule dictates that they must inform you of certain constitutional rights before interrogation begins. Those rights are:

• The right to remain silent;
• The right to have a Florida criminal lawyer present during questioning;
• The right to have a Florida criminal lawyer appointed if you are unable to afford one.

Keep in mind that police can question you prior to taking you into custody. It is only when they are arresting you that they must read you your Miranda rights. At that point, anything you say afterward can be used against you later in court.

Booking:

Once they arrest you, the police will transfer you to the police station to begin the booking process. There you'll be fingerprinted and asked various questions such as what your name is and your date of birth. They will also search you and photograph you, and catalog and store your personal belongings, such as any jewelry and your wallet.

Appointment of an Attorney:

Under Florida law, those who cannot afford to hire a Florida criminal lawyer and are charged with any crime punishable by incarceration will have an attorney appointed to defend them. In Florida, the booking officer must put you in contact with the public defender's office if you tell them you cannot afford to hire an attorney.

Once a Florida criminal lawyer has been appointed to represent you as your public defender, you can only request the court appoint a different attorney if you can show good cause. Good cause requires more than mere dissatisfaction with your appointed public defender and may include:

• A conflict of interest between you and the attorney;
• Your attorney cannot represent you due to illness;
• There is reason to believe your attorney is not providing effective assistance.

Arraignment:

After criminal charges are filed against you, you'll need to appear in court at a proceeding known as an "arraignment." If you have been incarcerated, this typically occurs within 72 hours after your arrest. Your Florida criminal lawyer will represent you during this proceeding. During your arraignment, you'll be asked to enter a "plea" to the crime you've been charged with. Under Florida law, the following pleas are valid:

• Guilty plea: By pleading "guilty," you admit to the facts of the crime and that you were the one who committed the crime in question.
• Not guilty plea: By entering a "not guilty" plea, you assert that you did not commit the crime for which you have been accused. After entering this plea, a pre-trial or trial date will be set.
• No contest plea: A "no contest" plea means that, while you do not admit guilt, you do not dispute the charge. Typically people who enter this plea realize the government has a very strong case against them, and a no contest plea is preferable over a guilty plea because guilty pleas can be used against you in any later civil lawsuits.
• Mute plea: Under Florida law, you can choose to "stand mute" instead of making a plea. The court will then enter a plea of not guilty for you. By standing mute, you avoid tacitly admitting to the correctness of the proceedings against you until that point. You then have the right to attack any previous proceedings that may have been irregular.

Sentencing:

Should you choose to plead "guilty" or "no contest," there will be no trial. Instead, you'll move directly to the sentencing phase of the criminal process. You will also proceed to sentencing should a trial be conducted and you be found guilty of committing the crime for which you were charged. Your Florida criminal lawyer will provide you the best representation possible up until the sentencing phase, and often after if you have the right to file an appeal.