Frequently Asked Questions of Orlando, Florida Criminal Defense Lawyer Christopher L. Smith

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. When you call Orlando, Florida criminal defense lawyer Christopher L. Smith, you will receive a free initial personal consultation regarding your specific criminal defense case.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances. If you believe the police violated procedures when arresting you, call Orlando, Florida criminal defense lawyer Christopher L. Smith today.

When are the police required to “read me my rights?”

In television and movies, we are all used to seeing the police “read a suspect their rights” as soon as they are arrested. This list of rights is known as a defendant’s “Miranda rights,” which are as follows:

• You have the Constitutional right to remain silent;
• Anything you say can be held against you in the court of law;
• You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you; and
• If you choose, you may have a lawyer present during interrogation.

The police are required to tell a suspect this list of rights when they plan to conduct a custodial interrogation. A custodial interrogation means that:

• The suspect is in police custody – he or she has been arrested and is not allowed to leave and go home, and
• The police or other law enforcement personnel are interrogating the suspect – they are asking him or her questions.
  

Even if you are not in circumstances that require police to “read you your rights,” you still have rights and you can still exercise those rights. When you are arrested, or even if police simply suspect you of a crime, it is important to exercise your “right to remain silent” and call Orlando, Florida criminal defense Attorney Christopher L. Smith first before talking to the police about your case.

What if detectives or federal agents contact me and want to question me about a serious criminal matter? If a detective or federal agent contacts you, do not answer his or her questions. Law enforcement investigators are specifically trained to get people who don't want to talk to them to open up and talk with them anyway. Just politely, but firmly tell the agents or detectives that you will need to retain an attorney before you can speak with them. Do not answer their questions. This cannot be stressed enough.

The U.S. Supreme Court allows federal agents and criminal investigators to trick, lie and deceive during the course of their investigations to get the information they want. If detectives, investigators or federal agents tell you they are investigating a specific crime such as insider trading or money laundering and ask if you did it and you tell them "no," you could also face charges of lying to a federal agent or law enforcement investigator if you later are convicted of the original crime they were investigating. In federal cases this is a separate charge that carries up to a 5-year prison term with no chance of parole, which will be added to whatever sentence is imposed on your other conviction.

What is a misdemeanor?

Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can’t afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

What is a felony?

Felonies are considered the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or by death for capital offenses like first-degree murder. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail. Additional criminal procedures apply with felonies, and the right to a court-appointed lawyer if the defendant can’t afford one is one of the rights guaranteed in felony cases. Also, whether or not the defendant has to appear in court for various parts of the criminal justice process also depends on whether or not he or she is being charged with a felony.

A person convicted of a felony will usually have more restrictions on their rights (collateral consequences) than a person convicted of a misdemeanor. For example, in many jurisdictions, convicted felons cannot serve on juries. They may also lose their right to vote or to practice certain professions, such as lawyer or teacher. Felons may also be prohibited from owning guns or serving in the military, and they may also have to register as an offender (e.g., sex offender, narcotics offender).

What happens during a bail hearing?

Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

• Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
• Unsecured Bond - This release, pending court appearance, is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
• Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
• Ineligible for Bail - The defendant is denied a release pending court appearance.

The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance can result in the issuance of an "Order to Show Cause" why the release should not be revoked.

Why is it important to have an attorney if I want to negotiate a plea in my case instead of going to trial?

Plea negotiation can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal law lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal lawyer considers include:

• The strength of the evidence the prosecutor may present at trial; and
• The potential penalties that the defendant could be subjected to if the case went to trial and lost.

Don’t take a chance on bargaining away your rights when you have been charged with a crime. Call Orlando, Florida criminal defense lawyer Christopher L. Smith today for experience and advice you can trust.

Take Action to Protect Your Rights:

If you or a loved one has been arrested or charged with a crime in Orlando, Florida or within the surrounding cities and counties of Florida and needs the help of an experienced criminal defense lawyer, call criminal defense lawyer Christopher L. Smith today at 1-866-435-1601, or complete the contact form provided on this site to begin your Free Consultation with a dedicated Orlando, Florida criminal defense trial attorney.