Been Arrested? What Next?

Of course there are a lot of reasons that you could be arrested. Some are given a citation or arrestedticket to appear in court at a later date, then usually in three to 8 weeks they will be required to go to court to face either misdemeanor or infraction charges. If someone is physically arrested for a misdemeanor or a felony then they often have to post bail in order to get out of jail and return to court on a specific date to face their charges.

To further explain things: An infraction, like a speeding ticket is punishable by a fine only and not by time in jail. A misdemeanor which could take the form of a ticket or an arrest is punishable by up to a year in county jail and/or a fine. Finally, a felony is punishable by more than one year in state prison and/or a fine.

One way or another you will go to or be brought to court to face your charges at your arraignment. At this time you are formally told what the charges are and given an option of pleading guilty or not guilty. If you are charged with either a misdemeanor or a felony, you have the absolute constitutional right to a lawyer. If you cannot afford to hire your own lawyer, this is the time you will ask to be represented by the public defender. Either way, with the help of your lawyer, you will review any police reports and other evidence, discuss the charges, any potential settlement offers and decide how to proceed with your case.

If you are charged with an infraction, you are not entitled to a public defender however you may hire any lawyer of your choice. In the case of an infraction, it might be possible to resolve you case at the arraignment unless you are not guilty or believe you have a high likelihood of prevailing at trial. In this case, you would enter a not guilty plea and set the case for a trial in about one month.

If you are charged with a misdemeanor or a felony, the case may require more work before it can be settled or before it gets set for trial. Some felony cases can be settled by agreeing to perform drug education classes and avoiding jail time. Sometimes we can even get the case dismissed upon successful completion of such classes.

More complicated cases may require investigation by a private investigator or the assistance of an expert witness. This process may take some time and may even cost money out of the pocket of the defendant. However, if you lawyer tells you of the importance of investigation or expert opinion in your case, it may be worth spending the money to achieve a desired result.

Eventually, sometimes 60 to 90 days after the arraignment in a misdemeanor and maybe even longer in the case of a felony, the case will either get settled, dismissed or go to trial. Most cases are resolved prior to trial, however, in certain circumstances like third strike cases or cases requiring lifetime registration as a sex offender, trial may be the only option to avoid a lengthy prison term or other severe long term fallout.

Some of the consequences of even a misdemeanor conviction can include jail time, driver’s license, community service, loss of right to own firearms, loss of job and more. Please consult a lawyer if you are charged with any crime, especially a serious crime. If you are not a United States citizen, the conviction of some crimes can cause you to be deported, denied naturalization and denied re-entry into the country.

If you or someone you care about has been arrested, charged with a crime or is being investigated for a crime, please talk to a lawyer.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com or call (727) 799-3550.

Should You Post Bond or Not?

If you are arrested, it means that if you want to post bail, it may cost you or your family Bail signthousands of dollars. This is money that is earned upon your release from custody and you will never see again. This is before your hire a private lawyer and before you know if you will even be charged with a crime.

It may be several days before before you go to court. You may be tempted to call a bail bondsman. Should we call him? Probably not.

Call a lawyer first. Always call a lawyer first. Bail bondsman make their money by posting bail bonds, not by giving legal advice. 75% of all misdemeanor cases come from felony arrests. Let me say that again…Three quarters of all misdemeanors come from felony arrests. This includes DUI which is the most commonly prosecuted case in the state of Florida.

We know that jail is terrible. “The food is bad…They are mean to me…They won’t let me use the phone…They never read me my rights…They won’t tell me when I go to court…we’ve heard it all.

Sit tight and you will see the judge within two business days. But can’t I get out now? Do I have to spend ten grand on bail? Can’t something be done? Will I go to County Jail? I hear it’s really bad there.

There is a 75 percent chance that your felony arrest will be a misdemeanor prosecution. In a misdemeanor prosecution there is a presumption that you should be released based upon your promise to come back to court without even posting bail. That’s right, if you wait the two days, there is a good chance you can get out of jail for free. Even if bail is set, there is a good chance that bail will be less than $100,000. On a bad day it might be $50,000. The two days in custody just saved you $4,000 to $5,000. It sounds like it might be worth the wait? It’s up to you. Even in a worst case scenario, if bail is not reduced, you can still post bail before the defendant is transferred to county jail.

Next, it might be possible to resolve the case at the arraignment. This is often not the best choice in resolving criminal cases, but it is another viable option. Rather than spending seven to ten thousand dollars on bail, hire a lawyer for less money than that, have him present at the arraignment and see if either the case can be settled quickly, bail can be lowered, the charges can be reduced or, if need be, bail can be posted.

If you have a situation from an arrest to a parking ticket, perhaps you should consult with Alexander Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.