Florida Criminal Procedures and Appeals
If you've been arrested in the Tampa area or anywhere in Florida, there is a highly-technical process involving criminal procedures and appeals if you're ultimately convicted. These criminal procedures and appeals available exist as a result of action by the state legislature, and an experienced criminal defense attorney from Michael D. Fluke, P.A. will be able to explain these processes to you if you've been arrested and/or convicted. Below are some basic and general facts surrounding these processes, and for further explanation, contact a criminal defense attorney for a full and detailed explanation of how they apply to your situation.
Florida Criminal Procedure
If you've been arrested in Florida, there is a specific set of requirements that must be followed by the state as it pursues a conviction on these charges. This procedure, as set out in the Florida Rules of Criminal Procedure, includes, in chronological order:
- First Appearance of defendant upon arrest:
The First Appearance must occur within 24 hours of arrest. At this hearing the Judge must advise you of the charges against you, determine if there is probable cause that you committed the crime alleged, and set a reasonable bond.
- Pre-Trial or Disposition hearing:
A Pre-Trial or Disposition hearing is held in order to determine if a plea agreement has or can be reached and to schedule a date for trial on the court's calendar if such a proceeding will be necessary.
On all but second degree misdemeanors, A defendant is entitled to a trial by jury if he or she so wishes, and this right is guaranteed under both the Florida and United States Constitutions.
If a criminal defendant is convicted of the charges brought, he or she has specific rights to an appeal of said conviction in accordance with Florida law. The state also has the right to appeal in certain situations, including appealing an order of dismissal or an order for a new trial, among other issues.
Generally speaking, a convicted defendant may appeal the conviction as a matter of law within a certain time frame as defined by the Florida Rules for Appellate Procedure. These time limits can vary, and it's best to consult with your criminal defense attorney to work within these statutory requirements.
Florida also has a set of rules that govern the rights to an appeal for a defendant who has been sentenced to death. Again, these rules are highly-complicated, but they serve as safeguards to prevent the possibility of an improper execution..
In general, Florida criminal procedures and appeals are extremely technical in nature, and if you've been arrested for or convicted of a crime, you owe it to yourself and those you love to contact an attorney from Michael D. Fluke, P.A. who has the experience to help you with your situation. Your freedom depends on it.
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