WHAT'S THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?
In Florida crimes are separated into two major groups: felonies and misdemeanors. The potential punishment you are facing will determine if you are charged with a Misdemeanor or a Felony.
- If your potential imprisonment is longer than a year, it is usually considered a felony.
- If your potential punishment is for a year or less, then the crime is considered a misdemeanor.
WHAT DOES “PRESUMED INNOCENT” REALLY MEAN?
Everybody accused of a crime is presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means two things:
- The prosecutor (State of Florida) must convince the jury of the defendant's guilt beyond a reasonable doubt; and
- That the defendant does not have to say or do anything in their own defense.
The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it difficult for the government to put innocent people behind bars.
WHAT DOES THE PROSECUTOR HAVE TO PROVE TO CONVICT ME?
The prosecutor has the burden and must convince the judge or jury that you are guilty "beyond a reasonable doubt." This standard is very hard to meet.
Think of it this way the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt -- that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
DO I HAVE TO TESTIFY IF WE GO TO TRIAL?
NO. The 5th Amendment to the U.S. Constitution provides the defendant with the right not to testify in their own case. During the jury instructions the jurors will be told that they cannot assume anything negative if the defendant decides to not to testify.
WHAT IS BAIL? HOW DO I GET OBTAIN BAIL?
Shortly after you are arrested you will appear in-front of a judge who will set bail for you or declare you ineligible for bail. If you are granted bail it will be one of the three scenarios below:
- Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
- Unsecured Bond - This release, pending court appearance, is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
IF I JUST WANT TO PLEA OUT, WHY DO I NEED TO HIRE AN ATTORNEY?
It is always best to have an attorney who knows the legal system and can obtain the best plea agreement for you. In all situations plea negotiations can be very tricky. Without the proper training and experience you may end up plea bargaining to a more harsh punishment than what you actually deserve.