The criminal justice system can be complex, and a person only learns how complicated it is when they are accused of a crime and they must go through all the procedures step by step. Any criminal case will begin with an arrest occurring. If police officers have a warrant for someone’s arrest, then that means the officers submitted a written affidavit to a judge based on a probable cause of a crime and the judge approved their affidavit. Once an officer has a warrant, they can arrest a person, however, if it is determined that the officers didn’t have probable cause or if they provided false information to get the affidavit the warrant can be invalidated.
Once a person is arrested, they will be given a first appearance hearing within 24 hours. This hearing will be in front of a judge and every individual is entitled to this hearing except someone who has been previously jailed.
In this hearing the judge will inform a person of the crime, they’re charged with, and they will be informed of their right to remain silent as well as their right to connect with a criminal defense lawyer and their family and friends. Individuals are allowed to appoint their lawyer and if they cannot afford one then an attorney will be appointed for them.
If a person is arrested for probable cause, then the judge will set a bond in their first hearing and a person can file to have their bond reduced. If they take this step a bond hearing will be set and the judge will look over the case and based on a person’s financial situation and their criminal record they will make the necessary changes.
What is a Motion to Dismiss in Orlando, Florida?
A defendant can file a motion to dismiss a case if the facts of the case do not amount to apparent guilt. This is usually filed at the beginning of a legal case after the first hearing. A person may also file a motion to suppress. This means that they request the court that certain information should not be heard during the trial. This is usually done when the process of search and seizure was illegal, or when a person was forced to say something that made them look guilty.
Anyone who is accused of committing a crime should get an attorney who can represent them and defend them properly until the end.
Get in touch with a criminal defense attorney at the Law Office of Donald Lykkebak to get advice on one’s criminal case after an arrest.
Reach us at:
390 N. ORANGE AVE.SUITE 2300 ORLANDO, FL 32801