Criminal law in Florida is the body of law that defines crimes from misdemeanors, such as speeding and moving violations, to felonies, such as murder in the first degree. Criminal law also includes the law that establishes the special procedures that are used in the prosecutions of crimes.
It is important to recognize that the U.S. Constitution plays an important role in criminal law in Florida, as in all other states in the U.S. A Florida lawyer consultation with a Florida lawyer would help a person understand the broad scope and complexity of criminal law in that state.
For example, the 6th Amendment to the U.S. Constitution guarantees the defendant in a criminal case the right to a speedy trial. It does not define “speedy,” but the federal Speedy Trial Act and Florida laws provide guidance on how long the period of time between charging at an arraignment and trial should be and how it can be extended.
In Florida, a criminal trial must take place within 90 days of the defendant’s arrest if the defendant is in custody and within 175 days if the defendant is not in custody but has posted bail. The prosecution can extend the time for good cause as defined in the law. Also, the defendant can waive the right and often does that so they have extra time to prepare their defense.
In addition to the U.S. Constitution, there is a separate body of federal laws that define federal criminal offenses and federal criminal procedure.
Reportedly, law enforcement and criminal law in Florida are working well for its citizens, because the crime rate in Florida is much lower than the average crime rate in states in the U.S. Florida ranks in the 99th percentile for safety. It is more safe than 99% of states within the boundaries of its cities.
What Is Criminal Procedure?
The sources of the law of criminal procedure are the U.S. Constitution, the Constitution of the state of Florida, federal laws and the Rules of Court of the federal courts and Florida state laws and the Rules of Criminal Procedure of the Florida Circuit Courts, which are the courts in which state criminal trials are held in Florida.
How Does the Law of Criminal Procedure Work in Florida?
The law of criminal procedure defines the process of prosecuting a person for committing a crime starts with their arrest. Of course, law enforcement must have probable cause to arrest a person, which is a reasonable belief that a crime has been committed and the person arrested committed it.
After an arrest, a law enforcement officer would write an arrest report. In some cases, law enforcement may seek a warrant for a person’s arrest by submitting a request supported by the sworn, written affidavit of an officer.
After the arrest, the person arrested must appear before a judge, usually within 24 hours, for their arraignment. At the arraignment, a judge informs the defendant of the crime for which they have been charged, advises them of their rights, and may grant them bail so they can be released from custody.
A judge would also ask the person charged, now a criminal defendant, if they can afford an attorney, and if not, they would refer them to the public defender. A public defender is a person paid by the government to represent criminal defendants who cannot afford to pay an attorney to represent them.
The formal charging of a crime is achieved by the filing of an information or indictment. Misdemeanors are usually charged in an information, and felonies in an indictment, which is issued by a grand jury. The prosecuting attorney, who represents the state in a criminal prosecution, evaluates the evidence and determines the exact charge or charges that are appropriate.
In Florida, What Happens During a Criminal Trial?
In a criminal trial, the prosecution has the burden of proving that the defendant, the person who has been charged with a crime and whose guilt or innocence is on trial, is guilty of the crime charged beyond a reasonable doubt.
The trial is preceded by the pretrial phase of a criminal trial, which is an important part of the proceeding. The lawyers for the prosecution and the defense engage in discovery, which is governed by Florida Rules of Criminal Procedure.
Discovery gives both the defense and the prosecution the opportunity to exchange information about the evidence they have. This allows the lawyers to prepare themselves for trial. They must disclose the identities of their witnesses, other evidence they have and any statements the defendant made.
Discovery could reveal that the prosecution has evidence that is exculpatory, i.e., it suggests that the defendant is not guilty. This can be critical to the defendant’s trial strategy, needless to say.
Motions play a significant role in pretrial proceedings. The defendant can make motions to exclude certain criminal evidence if the police obtained it in a manner that violated the defendant’s right to privacy under the 4th Amendment to the U.S. Constitution.
If the defendant has not waived their right to a jury trial and the verdict is going to be decided by a jury, the first step is to select the jury. The court system calls in citizens who are eligible for jury duty and they are questioned by the prosecution’s attorney and the defense attorney. The rules regarding jury questioning and seating a juror are part of the law of criminal procedure.
Once all of the jurors have been selected, the trial can begin. The prosecution presents its case first. It includes an opening argument, the presentation of evidence, and, after all the evidence of both sides has been presented, closing arguments. Evidence includes documents, photos, videos, physical objects, and the testimony of witnesses who have knowledge of the crime charged.
Witnesses might include expert witnesses. These are people who are experts in some kind of science or technology and can offer their expert opinions. For example, one witness might testify to having seen the defendant near the scene of a murder at a time that was close to when the crime was perpetrated. An expert witness might testify that the DNA of blood found on the victim was tested and it matched the blood DNA of the defendant.
The defendant then presents their case which could include the same types of evidence as that presented by the prosecution. The prosecution can then provide additional evidence in response to the defendant’s case and the defendant can then follow with their own response.
Once the presentation of evidence is complete, the attorneys make their closing arguments to the jury. The judge then instructs the jury as to how they should deliberate and determine the defendant’s guilt or innocence. The jury then retires to the jury room and conducts its deliberations. When they have reached a decision, they tell the judge, return to the courtroom and announce their verdict.
If the defendant is found guilty of a crime or crimes, there would then be a separate sentencing hearing, which involves its own procedures, as the prosecution seeks to persuade the judge that a certain sentence is appropriate, and the defendant usually seeks a sentence that is less harsh than what the prosecution seeks.
Of course, an individual who has been convicted may always appeal their conviction and seek to have it overturned. On occasion, a jury is unable to decide on a defendant’s guilt or innocence, which is referred to as a “hung jury.” However, the prosecution may hold another trial if the jury in a first trial cannot reach a verdict.
The rules regarding criminal sentencing are yet another important part of criminal law and procedure. The criminal law prescribes the punishment that can be imposed upon conviction. Other laws tell judges the factors about a defendant and their case that they may consider in deciding on their sentence. One factor that courts are likely to consider is whether a defendant has prior convictions for other crimes.
The rules regarding probation and parole are involved in the sentencing process and the process that applies as a defendant seeks to get out of prison or jail when they become eligible. In addition, once a person has been convicted of a crime, they may seek expungement and sealing of criminal records.
And still another body of laws and rules apply when a person under the age of 18 is the alleged perpetrator of juvenile crimes. The juvenile justice system is another part of the criminal and criminal procedural system. It functions separately from the criminal justice system for adult offenders.
What Kinds of Crimes Can Someone Be Convicted of in Florida?
Needless to say, Florida and federal law define hundreds of different crimes, and some of them are as follows:
- Drunk driving (DUI/DWI): It is illegal to drive with a blood alcohol content of .08% or more or while under the influence of controlled substances, or even some prescription and over-the-counter medications that can affect a person’s driving.
- Assault and battery: Threatening a person with violence is assault and actually touching or hitting them is battery. Both are serious crimes in Florida.
- Theft: Taking another person’s property with the intent to permanently deprive them of it is theft.
- Perjury crimes: Perjury is lying when a person is under oath to tell the truth.
- Gun possession: States and localities have varying regulations regarding gun possession. Florida allows people to carry a concealed weapon without a permit, background check or training of any kind. Floridians can buy guns and ammunition during local emergencies. Law enforcement officers are now exempt from the three-day waiting period for buying a firearm. So, short of using a gun in a crime, it would seem to be difficult to commit a crime involving gun possession in Florida.
- Arson: Arson is intentionally setting fire to property.
- Vandalism: The crime of vandalism is referred to as “criminal mischief” in Florida. It is committed when a person willfully and maliciously damages property that belongs to another person. The definition includes graffiti, breaking windows, or any other act that damages another’s property.
- Drug crimes: Possessing or distributing controlled substances may constitute a drug crime. Controlled substances are such substances as cocaine, methamphetamines, fentanyl, heroin and medicines for which a person must have a doctor’s prescription.
- Sexual abuse: The crime of sexual abuse involves using force, threats of violence, or violence to inflict unwanted sexual contact with the victim.
- Homicides: A homicide is the killing of another human being. If it is done intentionally, or “with malice aforethought” as the law has it, it can qualify as murder.
- Manslaughter: Voluntary manslaughter involves an intentional act that leads to the death of another person, often in the heat of passion. In contrast, involuntary manslaughter typically involves unintentional killing due to reckless or negligent behavior. Understanding these distinctions is crucial for anyone facing manslaughter charges in Florida.
- Robbery: Robbery is taking money or other property from another person’s possession with the intent of permanently depriving them of the property through the use of force or fear.
- Rape: Rape is the forcible penetration by the defendant’s sexual organ or another object of one of the victim’s orifices.
- Child abuse: In Florida, child abuse is any intentional act that inflicts emotional, physical, or sexual harm on a child.
- Kidnapping: Kidnapping is confining, abducting, or imprisoning another person against their will.
- White-collar crime: White-collar crimes are crimes that may be perpetrated by a person who wears a white, button-down shirt to work and manages an individual’s or business’s finances. A white-collar criminal takes advantage of their position to steal the money of the person or business.
- Embezzlement: Embezzlement is an example of a white-collar crime in which a person steals money that is put in a person’s possession to hold in trust. Or embezzlement is taking the money of one’s employer.
- Forgery: Forgery is another example of a white-collar crime that is perpetrated when a person makes a false copy or materially alters a legal instrument or work of art with the specific intent to perpetrate a fraud.
- Tax Evasion: Failing to pay state and/or federal taxes as required by state and federal tax law is the crime of tax evasion.
- Restraining Orders: If a person is subject to a restraining order, they need to understand that violating the order is a criminal offense.
These are only some of the crimes. There are others. And it is important to remember that federal criminal law defines many more.
In criminal justice careers, people usually choose to focus on working for a government agency that prosecutes crimes or for a government agency or private firm that defends those charged with crimes.
Do I Need a Florida Attorney for a Criminal Law Issue?
If you have been charged with a crime, you need to talk to a Florida criminal defense lawyer. It is best to go into a criminal court with an attorney representing you. Your lawyer will review your case and can guide you through the process, making sure your rights are protected all the way. Your lawyer can also advise you as to any defenses you may have and help you prepare the most effective presentation if your case goes to trial.
It is never helpful to have a criminal conviction, and your criminal defense lawyer is your best bet for avoiding that outcome.
