General Information
I've been arrested, now what?
Being arrested can be a confusing and traumatic experience. At a First Appearance, the Judge will notify the accused of the crime alleged and provide the accused with a copy of the allegation. The Judge will generally set a bail or bond amount, unless one was previously determined based on the crime alleged and the statutory bond schedule which relates to that charge. The court may impose other conditions of your release or choose not to release you at all. If you were not given a bond, or if the bond amount is too high, the attorneys at Carsten & Ladan, P.A. may be able to assist you in setting or reducing the bond amount.
How do you bond out or post a bond?
If a bond is set, you may either post a cash bond directly through the jail where you are detained or you may chose to use a bondsman to post the bond on your behalf. A reputable bondsman will charge a small fee (usually a percentage of the total bond amount) for their services, and will post a surety bond on your behalf.
I wasn't arrested, but was issued a citation or given a Notice to Appear, now what?
In criminal traffic offenses and misdemeanor offenses, an officer has the option to make an arrest, issue a citation requiring your presence in court or issue a notice to appear. In either case, it is your responsibility to appear in court for your case. If you do not know your court date, contact the clerk of court in that county for your court dates, or contact your bondsman. For further assistance, contact Carsten & Ladan, P.A.
Do I need to hire an attorney?
More often than not, you should hire an attorney to assist you with your case. On the other hand, some cases may not require the assistance of an attorney, for a variety of reasons. A competent and ethical attorney will inform a potential client if they feel they can be of value to the client. Ask the attorneys at Carsten & Ladan, P.A. if they feel they can be of service to you. A logical answer can be one of the many pieces of information that help you make an educated decision. The hiring of an attorney is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experiences, or call us to schedule a free confidential consultation.
How do an attorney's experiences as a prosecutor help my case?
As former prosecutors, the attorney's at Carsten & Ladan, P.A. are uniquely qualified to give a fair analysis of a criminal case from both sides. Our backgrounds allow us to identify potential abuses of power and missing elements in a criminal prosecution. Our ability to spot potential problems in the prosecutor's case is our most valuable asset to you. For a more in-depth discussion of our qualifications and experience, please call to schedule a free consultation.
What is your fee schedule?
Carsten & Ladan, P.A. strives to set reasonable retainers with multiple payment options. Our fees are predicated in part on the nature and severity of the offense(s), the number of charges and other factors which may influence the manner in which the case is handled. For an accurate retainer quote, it is helpful to review the details of your case with you, either in person, or over the phone. Because the attorneys at Carsten & Ladan, P.A. have handled thousands of cases, we are able to give our client's insight into their case and the various options available to them. Hiring an attorney, like hiring any professional is neither inexpensive nor trivial. Since the potential loss of one's freedom is one of the most severe sanctions a government can impose against one of its citizens, the hiring of a criminal defense attorney may be one of the most important decisions you ever make. If you choose Carsten & Ladan, P.A. to defend your case, we will strive to meet that responsibility with the utmost effort.
What if I can't afford to hire an attorney?
Those not able to hire a private attorney may qualify for the appointment of a Public Defender. In order for the public defenders office to be appointed to your case, the Judge will need to review an Affidavit of Insolvency, which details your income and expenses, along with your financial assets. If the Judge determines that you qualify for a Public Defender, you will be declared indigent and an attorney will be appointed to your case. Please note that you will not be given the option of choosing who is appointed to represent you.
Can I hire my own attorney after the Public Defender was appointed?
Yes, you may always retain an attorney of your choosing. An attorney can step in to a case even after the Public Defender's office has been appointed. The attorneys at Carsten & Ladan, P.A. can file the necessary paperwork to take over a case and are available to discuss this option with you further.
I have been set for trial. Is it too late to hire an attorney?
While waiting this long to hire an attorney may limit your options or potential defense strategies, it is generally not too late to hire an attorney. Call Carsten & Ladan, P.A. to speak to us about your options.
I want a particular Judge or Prosecutor. Can I (or my attorney) request them?
The answer in most cases is no. The assignment between the various judges and prosecutors is random, in order to keep the size of their case load as close to equal as possible. There are possible but limited exceptions. Ask an attorney at Carsten & Ladan, P.A. about this issue.
What is a Misdemeanor?
In Florida, a Misdemeanor is any crime that is punishable by up to, but not more than, one year in jail. Misdemeanors are heard before County Court Judges. Misdemeanors are broken down into two categories. A Second Degree Misdemeanor, known as an 'M2', has a potential maximum sentence of 60 days in county jail, or 6 months of probation or a combination of the two. A First Degree Misdemeanor, or 'M1', has a potential sentence of one year of county jail, one year of probation, or a combination of the two. The Judge may also impose, fines, fees, costs and other sanctions deemed appropriate, based on the nature of the charge and your prior criminal history. For an in depth discussion and analysis of your case, please contact Carsten & Ladan, P.A. for a free consultation.
What is a Felony?
A Felony is a crime that may be punishable by more than one year of sanctions. Felonies are heard by Circuit Court Judges. Felonies are divided into three categories. A Third Degree Felony, or 'F3', is the lowest level felony charge and is punishable by up to 5 years in state prison and a $5,000.00 fine. A Second Degree Felony, or 'F2', is punishable by up to 15 years in state prison and a $10,000.00 fine. Finally, the most severe crimes are First Degree Felonies, or 'F1's., and range in punishment from 30 years in prison up to life in prison, or in a Capital case such as first degree premeditated murder, by death.
What happens if I do not report for court?
The court has a variety of options if you do not report for court ranging from resetting your court date, suspending your driver's license, or issuing a warrant for your arrest. Once retained, an attorney may be able to waive your appearance for many of the court hearings and appear on your behalf. The attorney's at Carsten & Ladan, P.A. appreciate that your time is valuable and we strive to minimize the inconvenience caused by making multiple court appearances.
What is an Arraignment?
Arraignment is a court hearing at which the Judge will formally advise you of the charge(s), ask for your plea and inquire if you are represented by an attorney. You may plea 'not guilty,' 'guilty,' or 'no contest.' A plea of guilty or no contest effectively waives your legal rights and your right to challenge the evidence against you. As such, the attorney's at Carsten & Ladan, P.A. strongly recommend that you consult with an attorney prior to entering such a plea. Even if you plea 'not guilty' at the beginning of your case, you can always change your plea at a later date, after having the opportunity to first consult with an attorney. Generally speaking, if you hire an attorney before your arraignment, he will file a Notice of Appearance and Waiver of Appearance at Arraignment, thereby preventing you from making an unnecessary court appearance.
What is a plea of 'No Contest?'
A plea of 'no contest' is a plea that does not admit or deny guilt, but instructs the court that you do not wish to fight the crime with which you are charged. With few exceptions, a plea of 'no contest' will be treated the same as a guilty plea, and the court will determine a sentence it deems appropriate. The Judge is not obligated to advise you what your sentence will be prior to the entry of your plea. Ask the attorneys at Carsten & Ladan, P.A. about the distinctions between plea types and what effect they will have on you.
What is a D.O.C. hearing and do I need to attend?
In this context, A D.O.C. hearing is a 'determination of counsel,' which is set by the court to determine if you have succeeded in retaining an attorney. (This is not to be confused with a sentence to D.O.C which stands for Department of Corrections.) A D.O.C. hearing generally scheduled at the Arraignment, when a Defendant has indicated that they would like to retain their own attorney, but have yet to do so. If you have hired an attorney prior to the D.O.C. hearing, most Judges do not require you to attend the hearing. If you have not hired an attorney by the D.O.C. date, be prepared to explain that to the Judge.
What is a Pre-Trial Conference (sometimes called a Docket Sounding)?
A Pre-Trial Conference is a scheduling conference, wherein the Judge, prosecutor, and your attorney will determine which cases are trials, which are pleas and which may need to be continued. It is very beneficial to have an attorney prior to Pre Trial Conference. Many jurisdictions require all of the negotiations and pre-trial legal motions be completed by this time. Some jurisdictions permit your attorney to waive your appearance in court on this hearing.
What will happen to me if I don't have an attorney by Pre-Trial Conference?
If you have not yet secured an attorney by your pre-trial date, you must appear at the hearing and inform the Judge of your circumstance. Most legal scholars, Judges and lawyers agree that it is not a good idea to represent yourself in a criminal trial. There is an old adage that a man who represents himself has a fool for a client. Attorneys have spent countless years studying the law and legal process and have the experience necessary to represent their clients. As such, the Judge should give you some more time to secure an attorney, so long as you can demonstrate that you've made a good faith effort to retain an attorney. While it is an advantage to hire an attorney early on, the attorneys at Carsten & Ladan, P.A. have been retained at or after the pre-trial conference stage with no adverse effects to the client's case.
What are my 'speedy trial rights'?
The State of Florida has 90 days from the date of your arrest to bring you to trial if you are charged with a Misdemeanor, 175 days from the date of your arrest to bring you to trial if you have been charged with a Felony. If you fail to appear for a scheduled court appearance for which you had notice, or if you ask for more time to hire an attorney or prepare for your case, you may be required to waive this right and the State of Florida will not have to meet this requirement. There are ways to begin the 'speedy trial clock' running again. Ask the attorneys at Carsten & Ladan, P.A. about your speedy trial rights.
Contact with Police
What are my rights when it comes to coming into contact with police?You may have the right to refuse a law enforcement officer's request for a statement from you, for authorization to search your person, your vehicle and your residence, unless they have a valid search warrant. Because this is a particularly complex legal issue, the attorneys at Carsten & Ladan, P.A. would suggest that you contact us immediately upon finding yourself in such circumstances and we will gladly discuss your rights over the phone, or schedule an office conference, where we can sit down with you and discuss your case in a confidential consultation. Questions regarding your Constitutional rights and the law, such as 'do I have to speak to the police, can the police come into my house or car, and can the police search my body or clothes?' are very fact specific and may not yield simple yes or no answers. The law on these issues can literally change from day to day.
How does Carsten & Ladan, P.A. keep current if the law can change that quickly?
Knowledge of the law is the foundation of being a well prepared attorney. The attorneys at Carsten & Ladan, P.A. routinely review case law as it is released by the Courts and have access to computerized databases of published laws and cases which is updated constantly. In addition, Carsten & Ladan, P.A. sends its attorneys to Continuing Legal Education courses held by the Florida Bar to ensure that they are current on changes in the Florida Statutes and in Federal and State case law. Ask the attorneys at Carsten & Ladan, P.A. about their qualifications and experience.
The police are asking me for a written statement. Will it help my case if I tell my side of the story?
Human nature encourages us to want to communicate our side of the story. If you have been arrested or are being investigated for a crime, giving a voluntary statement to the police may not be in your best interest. You have the right to remain silent and not incriminate yourself. Often times, an accused has waived their rights and voluntarily given a statement, only to have their words used against them. You should not give up any constitutionally protected rights without consulting an attorney. Contact Carsten & Ladan, P.A. if you have are requested to give a statement by law enforcement.
Traffic and DUI Offenses
Is a criminal traffic offense serious?
Many of the criminal clients we have helped have been charged with criminal traffic offenses. A criminal traffic offense is not to be confused with a civil traffic citation. A citation, or ticket, should indicate whether your offense is criminal, requiring that you appear in court, or if it's merely civil, requiring you to elect one of the available options. Please note that even civil citations can have an impact on your driving privilege and some civil citations can become criminal matters if committed more than once. A Judge is legally permitted to sentence an offender to jail time or prison on any criminal traffic offense. They may also recommend a fine, classes, evaluations and probation. Call Carsten & Ladan, P.A. to help you gather enough information to make an educated decision on your criminal traffic offense.
My license is suspended. Can you help me get it back?
We have represented hundreds of clients who have retained us exclusively for this purpose. The lawyers can often recommend a no-nonsense process to begin clearing up driver's license issues. Call Carsten & Ladan, P.A. for a free consultation to discuss your driver's license issues.
I have been arrested on a DUI. What do I do?
Because DUI arrests affect such a diverse population of citizens, attorneys devote much of their attention to staying current with ever-changing legislative and legal rulings. The minute you are charged with a DUI, the clock starts ticking on some very important rights. It is of utmost importance that you contact an attorney within 10 days of the date of your arrest. Unfortunately, the analysis on DUI's fills volumes of books, and is far to complex to summarize in a meaningful way here. The attorneys at Carsten & Ladan, P.A. will be happy to discuss your case free of charge in a first consultation and inform you of the rights you may not even know you have.
D.U.I.
Due to their legal complexity and the constantly changing laws Governing them, D.U.I.'s can be one of the more intricate legal matters a criminal attorney handles. Keeping that in mind, we have limited the discussion here to two very basic questions: 1) Can I still drive or get my license reinstated? and 2) What can I expect in a D.U.I. sentence? For a more thorough discussion of the state of D.U.I.'s in your county, please contact Carsten & Ladan, P.A. for a free confidential consultation.
Can I get still drive or get my license reinstated?
Your D.U.I. citation permits you to continue to drive for ten (10) days from the date of your arrest, so long as you had a valid Florida driver's license at the time of the offense. Please note that you must carry that citation with you while driving, as it acts as your driving permit during those ten days. (some misprinted citations state that you have only seven days). If you were arrested for DUI and you blew above the legal limit (.08 in Florida), you have lost your license for six month (for a first offense). If you refused to take the breath test, your license was suspended for one year (for a 1st refusal). You have the right to challenge this suspension through an Administrative Review Hearing held at the Department of Motor Vehicles. You must request the hearing within ten (10) days from the date of your citation. The attorney's at Carsten & Ladan can conduct the hearing for you, but it must be requested within the first ten (10) days from the date of your arrest or you will waive that opportunity. You may qualify for a temporary hardship license pending this review. Contact our office to discuss your options.
What can I expect in a D.U.I. sentence?
For the purpose of this answer, we will assume the following facts: 1) that this is a 1st offense; 2) that no one was injured; 3) that the case doesn't involve an accident and/or property damage; and 4) that you either refused the breath test or blew above a .08 but below a .20.
The Florida Legislature has determined the following minimum sentence for anyone whom enters a plea as charged to a 1st offense D.U.I.:
An adjudication of guilty (also known as a conviction)
Twelve (12) months of supervised probation (at a rate of $50.00/month for cost of supervision)
A minimum fine of $250.00, plus court costs, which together total approximately $700.00
The twelve (12) hour D.U.I. Counter Attack School ($200.00)
A drug/alcohol evaluation and any recommended treatment
The Victim Awareness Panel, a 3-4 hour long class put on by M.A.D.D. ($35.00)
A six (6) month DL suspension
Fifty (50) hours of alternative community service
A ten (10) day vehicle impoundment
Related cost of investigation (generally between $44 to $150.00)
(Please note that the statutes do permit a sentence of up to six [6] months in jail on a first offense D.U.I.).
There may be a number of available options, which could affect the imposition of any number of the above-listed sanctions, including the reduction in the charge against you or even a dismissal of the case, when appropriate. Due to the many variables relating to the facts and circumstances of each case, we strongly suggest that you consult with one of our attorneys regarding the possibilities in your case.
Juvenile Offenses
How are Juvenile cases different from adult crimes?
Juvenile cases are handled in separate court facilities, presided over by juvenile judges whom conduct all of the hearings and trials. There are no juries involved in juvenile trials, due to confidentiality requirements. Therefore, the judge assigned to a child's case presides over all aspects of the case, from the initial detention hearing, to arraignment, Pre Trial Conference, and when necessary, trial. No juries are used in juvenile matters. Instead, the judge acts in the capacity of the jury and evaluates whether the State has met its burden of proof for the crime(s) alleged.
Is there a jail for juvenile offenders?
When a juvenile is arrested, they are transported to a Juvenile Detention Facility and evaluated for release. Juveniles are not required to post bond and may be released to the custody of a parent/guardian, when appropriate. In determining a juvenile.' detention status, a Judge may consider the severity of the charge(s) and the juvenile's criminal history, among other pertinent factors. If a juvenile is held in secure detention, he/she cannot be held for more than twenty one (21) days without formal charges being filed. Periodic reviews are held in accordance to Florida Statutes to ensure that a child is not being held improperly. Should the judge release the juvenile, he/she may be placed on a behavior order to care of the parent/guardian and if appropriate, can require an ankle monitor for supervision. Law enforcement is obligated to make efforts to contact a parent/guardian when a child is detained.
My child has been arrested. What happens now?
Once an arrest is made and law enforcement completes its investigation, a case packet is prepared and forwarded to the State Attorney's Office. An intake attorney assigned to the case reviews the case packet and determines both whether to file charges and which charges to file. The State may chose to increase or decrease the number of charges or the severity of the offenses alleged, based on the admissible evidence it believes is at its disposal. Upon filing formal charges, an 'arraignment' is scheduled and notice is given to the child's parent/guardian of the court date, which requires the Child's appearance in court unless represented by counsel.
What happens at Juvenile Arraignment?
At the Arraignment, the Judge formally advises the juvenile of the charges that have been filed by the State. If the juvenile has hired private counsel, he/she need not attend the arraignment. If the child is unrepresented, it is recommended that he/she enter a plea of not guilty and consult with an attorney regarding the case and the ramifications of entering a plea to the offense. Many people misunderstand juvenile matters and falsely believe that a juvenile case is inaccessible during background checks or criminal records searches. Please note that this is absolutely false. Consult with one of our attorneys for more information.
What is Juvenile Pre-trial conference and Trial?
A Pre-Trial Conference is an opportunity for the juvenile's attorney, the State attorney and the Judge to discuss the status of the case and determine whether the case is near a resolution, needs to be continued to permit additional time for discovery, or should be set for trial. Some counties permit the juvenile to waive his/her appearance at Pre-Trial when represented by private counsel. Other jurisdictions don't schedule cases for Pre Trial and set all matters for a general trial call. A juvenile trial, while unlikely or unnecessary in many cases, is generally much quicker than its adult counterpart, as there is no jury selection component.
How is a juvenile sentenced?
Unlike adult cases, the primary objective of juvenile sentences, at least in theory, is the rehabilitation of the child. Therefore, a great deal of time and consideration should be given to the imposition of a sentence or the acceptance of a plea. As in adult cases, sentencing is the sole province of the court. This means that the Judge makes the final determination as to the acceptability of a proposed sentence. For felony cases, sentencing will often involve the preparation of a Pre-Disposition Report, which a sentencing report prepared by the Department of Juvenile Justice. This report will contain biographical information, including family, medical and school histories, along with the child's statement and any other information which may assist the Judge in determining an appropriate sentence.
What kind of sanctions can be imposed?
Generally, a juvenile can be sentenced to a period of supervision or incarceration up to his or her 19th birthday (some crimes permit supervision through the 21st birthday). Supervision can take the form of probation, house arrest or placement in a juvenile facility for a period of time, depending on the severity of the offense and the juvenile's prior record. Please note that it is a myth that juvenile records are expunged or deleted upon the child's 18th birthday. The record is readily available to the State, should the individual find themselves in trouble as an adult. For more information on juvenile offenses, please call Carsten & Ladan, P.A.
My child is a first time offender. Will that be taken into account?
A juvenile whom has never been charged with a criminal offense may qualify for diversion. Juvenile diversion programs, the most common being Teen Court, permit the accused to resolve their case outside of the court process. Those accepted into diversion are required to admit their involvement in the alleged crime and complete community service hours, classes, counseling and the like, as applicable to their case and circumstances. Successful completion of diversion results in the dismissal of the criminal charge(s).
Violations of Probation or Community Control (V.O.P. / V.O.C.C.)
Many criminal cases are resolved by a plea, resulting in the imposition of a probationary sentence. If you were sentenced to probation or community control, the general and special conditions of your sentence should have been discussed with you by your prior attorney at the time of your plea. If you did not have an attorney, the Judge should have reviewed your sentence with you during sentencing and your Probation Officer should have reviewed the sentence with you as well. If your probation officer determines that you have violated your probation, he or she can have you arrested and brought back before the Court. Florida has a strict 'zero tolerance' policy regarding VOP cases. Once arrested, you may not be granted a bond and can be held in jail pending your violation hearing. The attorneys at Carsten & Ladan, P.A. may be able to have you or a loved one released from jail. Contact us to discuss the options.
Frequently Asked Questions about Sexual Offenses
Common Questions:
Can the State really charge me if it's just her word against mine?
Yes, the State really can charge you, and convict you, with just the testimony of a victim. A witness's testimony is evidence. If the victim can testify to each and every element of the crime(s) you are charged with, and the jury believes her beyond a reasonable doubt, the State can convict you with just one witness. This is not to say that it will be easy for the State, but it is certainly possible, and it can and does happen. And just because you choose to testify and say it didn't happen the way the victim says it did doesn't mean that the jury has to find reasonable doubt-they can reject what you say entirely.
Can the State convict me at trial without the victim testifying?
Yes, there are cases that can be proven without the victim testifying. Granted, this too is also difficult for the State to do, particularly after Crawford v. Washington, but it is not impossible. Particularly if there was physical evidence at the scene of the crime or you made admissions to the police.
Can the State really force you to give them a sample of your DNA?
Yes. The police can with a search warrant, or the prosecutor may seek and receive such an order from the Court. Resistance *is* futile.
The State says they have my DNA, but this crime happened many years ago...how long does DNA last?
The answer is that it depends. A variety of things, including exposure to sunlight and various chemicals, can affect the "lifespan" of a DNA sample. Furthermore, the chances are that the DNA sample was collected fairly quickly from the victim or crime scene; once the collection and analysis is done, the State can and does wait patiently for years for the suspects DNA sample to match. This frequently happens when someone has to give a DNA sample for a conviction for a different felony, and then that sample is put into CODIS and it is found to match DNA samples left at rape crime scenes from several years in the past. Provided that the evidence was collected and handled properly, tested properly, the results were interpreted properly, and the statistics were calculated properly, DNA evidence can be very good evidence for the State-but it's important to hire a defense attorney who knows how to test the DNA evidence's validity properly.
What exactly is DNA anyway?
DNA is deoxyribonucleic acid, the cell's blueprints, which is found in the nucleus of each human cell. Interestingly, DNA samples from blood do not come from red blood cells, which have no nuclei, and therefore, no DNA. Half of your blueprints come from your mother and half from your father. Although more than 99% of human DNA is the same in each human, scientists have found several parts of human DNA that can be different from one person to the next. Typically, 13 to 15 of these STR (short tandem repeat) sites are tested with the commercially available testing kits law enforcement use. With a very small sample of DNA, these sites of interest are copied over and over again through a process called PCR (polymerase chain reaction). Through this methodology, unknown samples from crime scenes or victims can be tested against known samples from victims and suspects to find matches. Once a match is found, then a statistical comparison must be made to a known sample study, typically the FBI database, to see what the chances are of some other random person matching the DNA found at the scene or on the victim. Sometimes these numbers are so big that it can be many times greater than the number of people currently living on Earth, ie. a match. In addition to the typical STR/PCR testing, there is also testing for the Y (male) chromosome, mitochondrial DNA testing (maternal side only), and SNP's (single nucleotide polymorphisms).
Questions about the process:
I have been told there is a police investigation about me regarding allegations of a sex crime, what should I do?
Call an attorney that has experience in handling these specific types of crimes before doing anything else. Anything you say or do, can and will be used against you in a court of law.
I have been arrested for a sex crime, what should I do?
A: Call an attorney that has experience in handling these specific types of crimes before doing anything else. Anything you say or do, can and will be used against you in a court of law.
I am under investigation or have been arrested for a sex crime, what can I expect?
The police are going to certainly talk to the person making the accusation. This may be as little as collecting a one page written statement, or as much as a videotaped interview. Witnesses, that is, people who may have useful information, not just "eye-witnesses," should also expect to be asked to provide a written or recorded statement. Any possible physical evidence will be collected. A physical examination may be conducted on the accuser. A child will likely also be taken somewhere to be interviewed on videotape by a forensic interviewer. The police may try to interview you as well, but prior to agreeing any interview, you should call an attorney that has experience in handling these specific types of crimes before doing anything else.
Once you have been arrested, if you do not post bail within 24 hours, you will be brought before a judge for an initial appearance. Because sex crimes penalties are so severe, you may not be entitled to a bond and you may be held in jail without bond in some circumstances. Most judges will not entertain a motion to reduce bond at the initial appearance and you will need the assistance of an attorney to address the bond issue.
Unlike in Law and Order, or other television shows based out of New York, you will not be brought to be arraigned at an arraignment hearing anytime soon. Arraignments can only happen in Florida after the State Attorney has decided to file an Information, or in rare circumstances sought and received an Indictment from a grand jury. Typically the State Attorney's Office takes 3 weeks to 3 months to investigate a case submitted from law enforcement and make a decision as to whether or not to file formal charges against you. There are important time constraints they face if you are still in jail while awaiting their decision. You should discuss these important issues with an attorney familiar with these types of cases to make sure you do not miss out on these important procedural rights.
Once formal charges have been filed against you, the investigative stage, at least in theory, is complete, and the procedural process takes over.
The State has filed formal charges against me for a sex crime(s), what should I do?
A: Call an attorney that has experience in handling these specific types of crimes before doing anything else. It is very important that you have experienced eyes look over the specific facts of your case to evaluate the chances of the State convicting you versus the strengths of any potential defenses you may have. Aside from reviewing all of the police reports, witness statements, and any physical or digital evidence, discovery depositions (formal interviews of the State's witnesses in front of a court reporter and the prosecutor) should very likely be taken. It is very important that this be done properly the first time by an attorney with experience handling these types of cases because it is extremely rare to be allowed to take a second deposition of a witness. Only after all of this is complete can an experienced attorney give you his or her best advice on how to proceed against the charge(s) you face.
The vast majority of cases, even these very serious types of cases, end in a plea negotiation with the State Attorney's Office. In order to get the most favorable disposition possible, it's important to have an experienced attorney persuading the prosecutor about the merits of your case and the weaknesses of the State's case. And, of course, if the case must go to trial, you need an attorney experienced in handling these specific types of cases to protect your rights and argue your case before the jury.
Should I just wait until the State files formal charges against me before hiring an attorney?
Simply being accused of a sex crime is bad enough. Your friends, neighbors and family members may never look at you the same again, even if you are exonerated. It is even more difficult to convince the State that a case should not be prosecuted after they have filed formal charges than before the State files formal charges. Therefore, it is important to hire an attorney experienced with sex crimes charges as soon as possible to try and convince the State that they should not file formal charges against you.
How long does the State have to bring charges against me (statute of limitations and speedy trial)?
There is no easy answer if you haven't been arrested yet. The statute of limitations is continuously being expanded to give the State more time to bring sex crimes charges against someone, and in some instances there is no time limitation-if you are alive, they can file against you regardless of how long ago it was. What makes this issue more complicated is that the statute of limitations at the time you are being accused of doing something is what must be applied-changes to this statute cannot act retroactively into the past.
If you have been arrested, the answer is much simpler. As long as the State did not violate the statute of limitations, they essentially have 174 days to file charges, but as with anything in the law, nothing is black and white, and there is always an exception to the rule, whether we know about it now or not.
Consequences:
Well, what's the worst that can happen to me?
This, of course, depends on what you are charged with. It is very clear that punishing sex offenders as harshly as possible is, and has been, a top priority of the government. Regardless of which particular sex crime you are charged with, there are four very important things for you to worry about.
Incarceration-your personal liberty is at stake. There are very few circumstances where going to the state department of corrections (prison) is not on the table with the prosecution and the judge who is handling your case. In fact, the minimum sentence called for by the sentencing guidelines will likely recommend several years of prison as a minimum sentence, and some charges even carry a mandatory life in prison without parole. The United States Supreme Court will be deciding whether the death penalty is constitutional when applied to certain sexual crimes against children in its next term. If you are charged with a sex crime in Florida, your liberty is indeed at stake.
Sex Offender Probation. Standard probation for other felonies already carries with it several rules that must be followed. Sex Offender Probation has several more rules for probationers to follow, and the Jessica Lunsford Act, as well as legislation nearly every session, continues to pile the rules on higher for people on sex offender probation. Curfews, treatments, restrictions on contact with minors, restrictions on where you can live, and wearing an electronic ankle monitor with GPS are just a few of the many additional rules that must be followed. And if they are not-you are going to wind up in the county jail without bond.
Sex Offender Registration. Even if by some miracle you avoided both incarceration and sex offender probation, you will become a registered sex offender (or predator). With only little hope of getting taken off the registration list some day, it is a life time obligation. The legislature makes it more confusing every year as to whether you must register every 6 months, every 3 months, at the DHSMV and/or law enforcement. Your digital portrait will be there for everyone to see what you were convicted of and where you are currently living. There is little distinction, if any, to the untrained eye, whether you were a young man with a girlfriend a few years younger than you, or if you were convicted of something far more serious.
Civil Commitment. Once you are convicted of a sexual offense, anytime you are sent to prison, for the rest of your life, the State can have doctors evaluate you and decide whether or not the State should try and commit you to the "Jimmy Ryce" treatment facility in Arcadia, Florida. Although it is a "treatment" program, only three people have graduated from it and been returned to the public at the time of this writing. And again, even if you are lucky enough to not go to prison on your sex offense, if you are ever sent for anything else, such as a violation of probation, or on a new, entirely non-sexually related crime, you can be evaluated by the doctors before being released.
For all of the above reasons, anyone even under investigation for a sexual offense should consult with an attorney who is experienced in handling these types of cases as soon as possible.
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