Criminal defense involves the legal protections extended to individuals accused of committing a criminal offense. Government prosecutors and law enforcement agencies have enormous resources at their disposal to investigate and prosecute criminals. If you have been arrested in Florida contact a state criminal defense lawyer as soon as possible to protect your rights.
If the accused does not get adequate protection, the justice system’s balance of power will favor the government. That is why it is vital to consult a Florida criminal defense lawyer immediately you discover you’re under investigation for a crime.
Criminal defense attorneys know how to use the constitution to the advantage of those they are representing. For instance, all criminal prosecutions rely on the evidence that the government gathers. Such evidence may include physical objects, confessions, witness statements, drug tests, and more.
The U.S. Constitution’s Fourth Amendment (applies to the states via the Fourteenth Amendment), bars the police officers from performing unreasonable seizures and searches to collect evidence. And if they do, a qualified defense attorney can ask the court to suppress the evidence and ensure it is not used at the trial.
The constitution has several other protections related to criminal defense law. An individual who’s been tried and acquitted of a particular crime can’t face charges under the same offense again, according to the Fifth Amendment’s “double jeopardy” provision.
The Sixth Amendment guarantees the accused of the right to a public trial, the right to have a jury decide their innocence or guilt, the right to confront adverse witnesses in Court and to compel favorable witnesses to appear through the court’s subpoena power.
Only a experienced Florida criminal defense lawyer understands the constitutional rights that those accused of crimes stand to enjoy. Why go it alone when we can help? Call Shrader Law today at 813-360-1529, for a fair representation.
After an arrest, the first thing on the mind of any defendant is to get out of jail. In addition to the obvious inconveniences, incarceration hinders defendants from working so they can meet other financial needs. Being in jail also makes it difficult for defendants to help their attorneys in preparation of a defense.
To obtain a release from jail while the case is pending, the defendant should post bail. Bail is “good faith” money that provides the court with collateral that guarantees the defendant’s return to court to attend any future proceedings related to the case.
Should the defendant not appear for a proceeding, the court forfeits the bail money. If a defendant can not afford bail, he or she has two options: use a commercial bond or ask a judge to lower the bail amount.
Typically, judges may reduce the bail amount if there’s proof that the defendant is a connected to the community and will not be a danger to other people.A competent state criminal defense lawyer can offer aggressive representation to convince judges to reduce bail for a defendant and get him or her out of jail.
Most criminal cases do not usually reach trial. For the most part, the accused and prosecuting attorney reach a settlement agreement referred to as plea bargain. In other words, the accused may agree to plead guilty, so they receive a lenient sentence.
When seeking a plea bargain, the defendant can use two possible approaches:
Only a competent lawyer can aggressively represent you and convince the prosecutor to either drop the case or offer a lenient sentence.
When a case proceeds to trial, the key to success is to present a solid, persuasive theory that explains to the jury reasons why the defendant is facing a false accusation. A defense attorney will touch on this theory during the trial and create a narrative understood by jury members and one that reinforces the jury’s pre-existing beliefs regarding the case.
We’ve represented thousands of defendants in Florida and helped clients get out of jail on bond, receive a lenient sentence, or win the case altogether. The U.S. criminal justice system isn’t designed for individuals to represent themselves. We understand that this is a difficult time for you, let us make it easier. Contact a qualified defense lawyer today by calling 813-360-1529 for a free consultation.