Defense Group:
PRETRIAL RELEASE
After being arrested you will generally be released in either of two
ways - Posting a Bond or Release on Own Recognizance (ROR) [this is
also sometimes referred to as Pre Trial Release.]. However, when
arrested for DUI you generally are required to remain in jail for a
minimum of eight hours from the time of your arrest.
Release by posting bond
This
option requires the posting of the entire bond (in cash or money order)
at the jail. These funds will be returned to you at the end of the
case, provided you appear for all court hearings, as required.
Use of a Bail Bondsman
The
alternative requires that you pay a bondsman a fee (approximately 10%)
so that he will post the bond. The bondsman may also require collateral
to cover the bond.
You are free to travel while released on bond or ROR. This is true
unless a restriction on travel is ordered by the Judge or the ROR
program. Should you fail to appear for a court hearing, the Court will
likely revoke the bond or ROR and issue a warrant for your arrest.
Release on own recognizance (ROR)
This
form of release requires that the Judge is convinced that you will
appear for all future court proceedings. No bond is required for this
release.
FIRST APPEARANCE
First
Appearance is held in the jail within 24 hours of your arrest. You will
attend this hearing if you have not already been released from the jail
on bond or ROR. At the hearing the Judge will inform you of the
charges, review the charging Affidavit to determine if the minimum
probable cause has been demonstrated to support your detention, discuss
the hiring or appointment of an attorney, and may consider your release
on bond or ROR.
ARRAIGNMENT
Whether or not you are released from jail on bond or ROR, or if you
remain in jail because of a high bond or s "hold," your next court
hearing is called the Arraignment. When arrested for DUI or other
criminal traffic charge a court hearing date may appear on the ticket -
this hearing is also considered an Arraignment. You are required to
appear at this hearing to enter a plea and advise the Court of your
intentions regarding an attorney. If you are unable to afford an
attorney, the Court will appoint a Public Defender at the Arraignment.
If you have not already retained an attorney and that attorney has not
yet filed his appearance and plea of Not Guilty on your behalf, you are required to attend this hearing.
At the Arraignment the Judge will inform you of the charges and may
provide an opportunity for you to enter a plea. In the State of Florida
there are 3 possible pleas at the time of Arraignment:
-
Not Guilty
-
Guilty
-
No Contest
If you plead No Contest or Guilty at the time of Arraignment, the Judge will proceed to sentence you. NEVER plead Guilty o No Contest at Arraignment. ALWAYS PLEAD NOT GUILTY.
The sentence may include such punishment as incarceration, a fine,
probation, house arrest, license suspension, substance abuse treatment,
etc.
If you plead NOT GUILTY, the case will then be set for a pretrial hearing.
NOTICE OF APPEARANCE
Should you retain an Attorney, he will file a Notice of Appearance on
your behalf. This document informs the Judge, the Prosecutor and the
Clerkˆ‚s office that your Attorney represents you. It also directs the
prosecutor to forward all future correspondence to your Attorney.
Your Attorney should also file a written plea of Not Guilty
in order to secure your right to a trial. This does not mean that the
case will go to trial, only that you will have a right to a trial if
you desire one. There is always the potential to settle a case anytime
prior to trial.
Your Attorney should also file a ˆ¨Demand for DiscoveryˆÆ.
This requires the Prosecutor to provide your Attorney with certain
information, such as Police reports and lists of evidence and
witnesses. This information is referred to as ˆ¨DiscoveryˆÆ.
THE DISCOVERY PROCESS
After the Prosecutor receives your Attorneyˆ‚s Demand for Discovery,
he/she is obligated to respond. Once your Attorney has received
discovery, he will evaluate the information and, if permitted, will
schedule a deposition of the Prosecutorˆ‚s witnesses. Your Attorney may
also obtain any audio or videotapes, which the Prosecutor may have.
A deposition involves taking sworn testimony from a witness.
Depositions are usually held at a Court Reporterˆ‚s office and are
attended by the witnesses, your Attorney, the Prosecutor and a Court
Reporter. The right to take depositions in misdemeanor cases is limited
by law. Therefore depositions are most often conducted in felony cases.
The Prosecutor will not be allowed to take your deposition, as you have
the right to remain silent. However, the Prosecutor may depose any
witnesses that your Attorney has listed for your defense.
You are not permitted to attend depositions without the approval of the
Judge. You should be informed by your Attorney of the date of
depositions, but unless notified otherwise, you do not need to make
arrangements to attend.
PRETRIAL HEARING
A Pretrial hearing will be scheduled several weeks after the
Arraignment. A Pretrial hearing enables the Judge to determine whether
or not the case can be settled. Most Judges require your presence at
the Pretrial hearing. Therefore, unless you are specifically excused,
you must plan to attend.
If you settle your case by a change of plea at the Pretrial hearing,
the Judge will normally impose a sentence at that time.
TRIAL
You may decide to take your case to trial. If that is your decision,
the case may require substantial preparation. Preparation should
include the review of all testimony and evidence by your Attorney.
Please note that a significant number of cases do not proceed to trial;
most are resolved through negotiation and plea bargain.
Some criminal offenses (such as violation of probation) are tried only
by a Judge, not a jury. However, most criminal charges entitle you to a
trial by jury. In this situation, the Judge will decide the questions
of law and the Jury will decide your guilt or innocence.
You should consult with an Attorney soon after you are accused or
arrested, in order to fully understand your options and
your rights.