FELONY CHARGES FELONY CHARGES
Felony charges are serious criminal allegations that may carry prison exposure, probation, fines, loss of rights, employment consequences, and long-term damage to reputation.
The firm reviews discovery, witness statements, police reports, body camera video, search and seizure issues, charging decisions, plea offers, and trial options.
COMMON FELONY ISSUES COMMON FELONY ISSUES
Felony cases may involve drug charges, aggravated assault, battery-related charges, theft, burglary, weapons allegations, violation of probation, and other serious accusations.
AREAS SERVED AREAS SERVED
Felony defense representation is available in Miami-Dade County, Collier County, Lee County, and Hendry County.
FIRST APPEARANCE HEARING FIRST APPEARANCE HEARING
After an arrest, a judge generally reviews the case within 24 hours. This hearing is often where the court first reviews probable cause and decides whether the person can be released.
The judge may also set bond, impose no-contact rules, order supervision, or place other restrictions on release.
WHAT IS BOND? WHAT IS BOND?
Bond is money or security meant to help make sure a person returns to court. Bond may be paid through a bondsman, posted in cash, or replaced in some cases by other release conditions.
The first bond amount is not always the final word. A judge may later review the bond and the conditions of release.
CAN BOND BE REDUCED? CAN BOND BE REDUCED?
Yes. In some cases, a judge may lower the bond amount or change release conditions. The court may look at employment, family support, financial resources, criminal history, and the facts of the case.
A bond reduction request is often important because getting out of jail can help a person keep working, help family, and assist in preparing the defense.
PRETRIAL DETENTION PRETRIAL DETENTION
In some serious cases, prosecutors may ask a judge to keep a defendant in jail without bond. A hearing is required before that can happen.
The court must decide whether Florida law allows detention without release under the specific facts of the case.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.