How Does Having A Clean Prior Record Impact A Criminal Case?

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When I meet with someone who is genuinely a good person who has been arrested, you can tell when you are meeting with him or her. I tell them they are commodity for me, meaning that they are an easy sell. That’s really one of the big things that your attorney does for you, is to sell who you are and why what happened is completely out of your character. It’s not something that normally happens, this is not something that makes any sense as to why this would go on, or why you would be accused of this, and so that’s the big deal. They don’t know who you are without someone explaining that. In other words, you are literally a case number and they know the facts, they know the police report or they know the allegations, but they don’t know who you are.

Who you actually are can play a big part in the process, but somebody has to sell that. Somebody has to put that together, and that’s one of the things that we do when you come in. Essentially, I ask for a resume or references, or something as to who you are, where you grew up, what’s your education. We put all of that together, so I really know whom I’m dealing with, and why this isn’t something that would normally happen.

How Does The Bail Process Work In Florida?

When you are initially arrested for certain minor crimes, there’ll be a preset bond that you can post prior to appearing before the court. They call it a scheduled bond. If you have been in jail for only a short period of time and if it is a minor crime, the jail will set a monetary bond that’s preordained. But if there are extenuating facts, or if it is a serious crime, you’ll be required to appear at what’s called a 24-hour hearing. That 24-hour hearing is a probable cause hearing. The judge will determine whether or not there was a probable cause for your arrest, if it’s a valid arrest. Based upon the facts of the case, they will set a bond. Those facts are looked at in a light most favorable to the state.

In other words, it’s not a time to present a defense for that judge to look at. Then the judge will set the bond. Once that’s done, you have a couple of options on how to pay. For example, if the judge sets a $2,500 bond, you can post $2,500 with the sheriff’s office, and then they hold that money until your case is resolved. Once your case is resolved, that money is returned. However, if you have any fines, fees or costs, they take their money out of that.

That same $2,500, you can pay a bondsman. The bondsman will charge you 10% of the fee, which would be $250 for a $2,500 bond. They post the bond, a surety bond with the court, and that bond is then their liability. It is released once your case is resolved. However, you don’t get that $250 back after your case is over.

What Can Someone Expect In Terms Of Court Appearances After Being Released On Bail?

Once you bond out, if you come to my office, we take care of all of that. Your initial court date is going to be an arraignment. At the arraignment, the court informs you of your charges, and it’s your first chance to say guilty, not guilty or no contest. We’re going to go in, we’re going to plead you not guilty, you don’t have to attend that day. Depending on what your charge is, you won’t have to attend probably the first few months’ worth of dates—we attend those for you. Some felony courts, you’ll have to attend; some misdemeanor courts you’ll have to attend. But for the most part, we can waive your appearance and attend the court for you.

At some point, the judge may demand your appearance, but we work hard to limit the number of times you have to go because you have a life to live and appearing in court is one of the most stressful things you’ll ever have to do. We want to limit this as much as possible.

Are There Any Alternative Punishments That Someone Can Qualify For In Florida?

In any sentence in criminal court, in general in United States, there are two theories of punishments. One is rehabilitation, one is punishment. Rehabilitation means therapy, drug and alcohol counseling, anything that can just better you as a human being. Punishment meaning jail time, prison time, fines, fees, and costs. At some point, the court shifts from rehabilitation to punishment. The court also shifts widely because of who the judge is, who the prosecutor is, and how your case has been sold to them, as to whether or not they are going to look at rehabilitation or punishment.

For more information on Impact Of Clean Prior Record, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.