What are My Legal Rights After Being Charged with a Crime?
By Jonathan Blecher on November 1, 2024
Facing criminal charges in Florida can be an overwhelming experience, but understanding your legal rights is vital for protecting your freedom and dealing with the legal process effectively. Whether you have been charged with a misdemeanor or felony, Florida law and the Constitution provide you with legal protections to ensure you receive fair treatment. To understand your rights when accused of a crime and to obtain strong defense and legal help for criminal charges, you should have a skilled Miami criminal defense lawyer on your side.
The Right to Remain Silent (Miranda Rights)
One of the most well-known legal rights is your right to remain silent, as established by the U.S. Supreme Court’s decision in Miranda v. Arizona. When you are arrested or taken into custody, law enforcement is required to inform you of your rights, including the right to remain silent. This right protects you from self-incrimination, which means you do not have to answer questions or provide information that could be used against you in court.
It is important to exercise this right when being questioned by a police officer. Anything you say, whether during a formal interrogation or casual conversation with officers, can be used as evidence against you. You have the right to politely decline to answer questions until you have spoken with an attorney.
The Right to Legal Representation
To understand what to do if charged with a crime and to protect your legal rights after an arrest warrant or a criminal charge, you need an experienced criminal defense lawyer on your side. After being charged with a crime in Florida, you have the right to an attorney. If you cannot afford a private lawyer, the court will appoint a public defender to represent you. This right is fundamental to ensuring that you receive a fair jury trial and that your defense is adequately presented.
Having a lawyer by your side from the moment of arrest ensures that you have someone who understands the complexities of Florida’s criminal justice system and can build a strong defense on your behalf. Your attorney will review the evidence against you, challenge any unlawfully obtained evidence, and aggressively defend you at every stage of the legal process.
The Right to a Fair and Speedy Trial
According to both the U.S. Constitution and Florida law, you are entitled to a fair and speedy trial. This right ensures that you are subjected to prolonged detention with a resolution of your case. In Florida, the rules of criminal procedure specify that for felony cases, you must be brought to trial within 175 days of your arrest, and for misdemeanor cases, within 90 days.
As part of your rights during criminal proceedings, your right to a fair criminal trial means you are entitled to be judged by an impartial jury of your peers. Your attorney has the opportunity to challenge potential jurors who may be biased or unable to render a fair verdict.
The Right to Be Informed of the Charges Against You
When you are charged with a crime in Florida, you have the right to be informed of the specific charges brought against you. This means you must receive explicit notification of the criminal offenses for which the prosecutors file criminal charges against you. The formal charging document, known as an indictment or information, will outline the nature and cause of the charges.
Understanding the charges against you is necessary because it allows you to prepare an appropriate defense and receive a fair trial before the grand jury. Your lawyer will review the charges and work to challenge any improper or unsupported accusations.
The Right to Confront Witnesses
Under the Sixth Amendment to the U.S. Constitution, you have the right to confront and cross-examine witnesses who testify against you. This right allows your attorney to challenge the credibility of witnesses and the evidence presented by the prosecution. Cross-examination is a powerful tool for exposing inconsistencies, biases, or motives that may weaken the prosecution’s case.
In Florida criminal cases, both the defense and prosecution have the opportunity to call witnesses to testify. Your attorney can also present evidence and witnesses that support your defense, giving you the chance to challenge the state’s case and introduce reasonable doubt.
The Right to Exclude Unlawfully Obtained Evidence
The Fourth Amendment protects you from unreasonable searches and seizures, meaning that law enforcement must follow strict legal procedures when gathering evidence. If the police obtain evidence through an illegal search, seizure, or arrest, your attorney can file a motion to suppress that evidence, making it inadmissible in court.
For example, if law enforcement searches your home without a valid warrant or conducts an illegal traffic stop, any evidence gathered as a result may be excluded from the trial. This right is critical in protecting you from violations of your privacy and ensuring that the government follows constitutional safeguards.
The Right to Due Process
The concept of due process is embedded in the Fifth and Fourteenth Amendments of the U.S. Constitution. It guarantees that you will be treated fairly throughout the criminal justice process. Due process includes your right to be presumed innocent until proven guilty beyond a reasonable doubt, your right to a fair hearing, and your right to appeal a conviction.
In Florida, due process protections apply at every stage of a criminal case, from the initial investigation to a not guilty or guilty verdict and sentencing. If any of your due process rights are violated, including any incidents of police abuse, your attorney can file legal challenges, potentially leading to the dismissal of charges or reversal of a conviction.
The Right to Bail
In most criminal cases, you have the right to seek release from jail on bail while awaiting trial. Bail is a financial guarantee that you will return to court for future hearings. The Florida Constitution prohibits “excessive” bail, meaning that the amount set must be reasonable based on the nature of the charges, your criminal history, and your ties to the community.
In some cases, your attorney can argue for reduced bail or release on your recognizance (without requiring payment), depending on the circumstances of your case. Bail allows you to remain free during the pre-trial process, providing you with the opportunity to work closely with your attorney in preparing your defense.
The Right to Plea Bargain
Many criminal cases in Florida are resolved through plea agreements, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or the dismissal of other charges. While you are not required to accept a plea deal, you have the right to negotiate with the prosecution to avoid potentially harsher penalties.
A skilled attorney can help you evaluate whether a plea bargain is in your best interest or whether it makes more sense to fight the charges at trial. Plea bargaining can be an effective strategy for minimizing the impact of a criminal charge, but it is essential to fully understand the consequences before making a decision.
Get Strong Legal Representation from a Proven Miami Criminal Defense Lawyer
If you have been accused of a crime in Miami or are seeking to clear your criminal record, attorney Jonathan B. Blecher, P.A. is ready to defend you. With 40+ years of legal experience, he has successfully defended more than 5,000 criminal cases, including over 3,000 DUI cases. Recognized for his winning track record with a perfect 10.0 rating on Avvo and AV-Preeminent status from Martindale-Hubbell, Jonathan B. Blecher is the advocate you want on your side. To schedule your free consultation, call us at 786-745-7856 or contact us online.
