SAUVOLAW UPDATE
Your Source for Legal Information

Criminal Law Questions and Answers

By Nicole Sauvola

Sauvola & Associates, P.A.

Last Update: June, 2007

Contents

Notice: Please note that if you have been charged with a criminal offense, you will likely benefit from consulting a criminal defense lawyer. If you would like to contact our office for further information or consultation, check out our website consult request at the Sauvola & Associates Contact Page

How Are Criminal Charges Filed?

Criminal proceedings take place in a series of stages. Usually, the police are responding to a citizen's complaint that a crime has been committed. Sometimes, the police observe suspicious activity. Once they are called, or see something suspicious, the police investigate, take statements from witnesses, and prepare a report on their findings. At times, they will arrest people during the course of their investigation. At other times, they will complete their report and submit it to the prosecutor's office for evaluation, and a prosecutor will decide whether charges should be filed against any suspects named in the police report.

The exact procedure for how charges are filed varies from jurisdiction to jurisdiction. Some jurisdictions give the police greater discretion in charging defendants with specific crimes, while others place more power with the prosecutor's office. After being stopped by the police, a person may be ticketed for a "civil infraction," may be ticketed or arrested for a "misdemeanor," or may be arrested for a "felony."

While it is common to speak in terms of being "charged by the police," in many states this is not entirely accurate. The exact procedure for how charges are filed varies from jurisdiction to jurisdiction, and, although the police may arrest a person and may recommend a specific charge, in many jurisdictions criminal charges are chosen solely by the prosecutor's office.

How Will The State of Florida Handle A Criminal Investigation or Prosecution?

The exact manner in which criminal cases are handled varies in Florida from county to county. The following materials provide an outline of the criminal justice system, from the time the police first stop or question a suspect through conviction and sentence. However, the laws of your county and/or your state (if you are outside the State of Florida) may differ from those described herein.

What Happens In Juvenile Criminal Cases?

Increasingly, the rights of crime victims are being recognized and protected by the states. Victims often have the right to be informed of all court proceedings, and to speak at a defendant's sentencing.


What Happens In Driving Under the Influence  (DUI) Cases

Driving Under the Influence (DUI) Cases present issues and complications that are unique. It is often best to seek the assistance of an attorney who specializes in drunk driving defense, in order to evaluate any defenses that you may have, and to minimize the potential consequences to your driver's license and your freedom.

More Information


What Constitutional Rights Apply In Criminal Cases?

State and Federal constitutions provide important protections to the public, to people suspected of crimes, and to people who are being prosecuted for crimes.


What Rights Do Crime Victims Have?

Victims have the right to be informed of all court proceedings and to be present at all material stages of the proceedings in Florida.  Additionally, a Victim has the right to speak at the sentencing of the Defendant.  This is sometimes, the only time that a Victim will have to speak to the Judge in order to make his/her feelings known.  It is an important part of the healing process, after a person has been victimized by crime.

A Victim Advocate should be appointed by the State Attorney's Office in every criminal case and should assist the Victim in understanding the court process.  A Victim also has the right to have an attorney represent them in the criminal proceeding and in most cases SHOULD CONSULT WITH AN ATTORNEY PRIOR to giving testimony or making a statement in any case. 

PLEASE NOTE:  If you file a report against someone, alleging that they have committed a crime and then later change your mind or if you make a statement contradictory to any statement you may have previously made, you CAN BE CHARGED WITH MAKING A FALSE REPORT (a misdemeanor) or PERJURY (a felony).  Offenses of this type in Florida, carry JAIL TIME as a possible penalty.    

 

Copyright © 2006 Nicole Sauvola. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through a Criminal Law index page, provided your link does not depict this article, or its author in a negative manner.