Cobb Law Firm:
Every case starts with an encounter
between an agent of the government (i.e., a law enforcement officer) and a
citizen. In Florida, a person may be arrested or, in
some cases, given a criminal summons to appear in court
for arraignment.
If a person is arrested and taken to
jail, they may get a Booking Officer Bond or may be held
for a judge to review the case at First Appearance. The
First Appearance judge is usually not the same judge who
will hear the case.
A Bail Bond will be
set at First Appearance unless the person is charged with
a capital case, a violation of probation or a violation of community
control. In Juvenile Delinquency cases, a bond hearing
is held within twenty-four hours of arrest but is called a
Detention Review Hearing.
If the person is unable to make the
bond set or if no bond has been set, then they are entitled to have a
Motion to Set or Reduce Bond filed on their behalf.
Arraignment is where
the person is formally charged by the State of Florida and the only
question the judge will usually want answered is whether the person will
plead Not Guilty, No Contest or
Guilty. The case will not be tried on this
date.
Arraignment Court
tends to move quickly, and can be very dangerous for the defendant. Many
people just want to get the whole thing over with quickly because the "not
knowing what will happen" is driving them crazy. They plead out without a
lawyer's help, miss potential defenses and sometimes fall victim to
Courthouse Surprise - an unexpected jail or prison
sentence.
Arraignment is
scheduled several weeks after the initial arrest or summons. A person
must attend unless the court permits their attorney to file a
Waiver of Arraignment. A Waiver of Arraignment
is not allowed in most Juvenile Delinquency cases.
If a Waiver of Arraignment
is filed, the person is spared the embarrassment of
having to appear in front of hundreds of people and being publicly accused
in open court.
Along with a Waiver of
Arraignment, your attorney can file a Notice of
Appearance, a Written Plea of Not Guilty, and a
Notice of Discovery.
You many have gotten an
Arrest Report and/or an Addendum of
Probable Cause, but you weren't given everything and you have
a right to know what evidence the State has and whether it is accurate or
not!
A Written Plea of Not Guilty
can always be changed to one of the other two pleas after the
Notice of Discovery has been reviewed by you and your
attorney. Your attorney will be familiar with the rules of evidence, the
Florida Statutes and what is called the law of the case. This knowledge
is used to help you whether you decide to go to trial or settle your case
through a plea bargain.
We file those motions even when people
think they are guilty for several reasons:
-
To check the evidence for defenses.
-
To uncover "hidden defenses" a lay person would not
know about.
-
To prepare for trial and negotiate for a better
plea bargain.
-
To prevent "courthouse surprise" - an unexpected
jail or prison sentence.
The State provides a Discovery
Exhibit approximately three weeks after
Arraignment. We review the Discovery Exhibit
and we always send a copy to our client. We will schedule all
appointments as needed as a conveniently as possible.
The entire legal process usually takes
90 to 180 days from arrest to conclusion.