What to Expect When Facing Criminal Charges in Tampa, FL

The criminal justice system is complicated. That is why lawyers spend four years in college and then another three years in law school just to practice law. Beyond that, most attorneys spend several more years learning the ropes before they can comfortably handle criminal defense cases on their own.

Unsurprisingly, this means the average defendant feels lost when facing criminal charges. They don’t understand the procedures, the laws, or any other part of the system. This confusion can result in their making mistakes that hurt their case or receiving worse consequences than they normally would in this situation. If you are charged with a crime, knowing what to expect when facing criminal charges in Tampa can help improve the results of your case.

The Order of Events in a Tampa Criminal Case

Criminal cases typically proceed in an orderly fashion, going through all of the following steps.

The Arrest

The first step of a criminal case you will typically experience is an arrest. This is when police detain you and inform you that you are being charged with a crime. The police can arrest you when they have a warrant for your arrest or probable cause to believe you committed a crime. For example, if the police see you driving erratically, they might pull you over. If the officer who pulls you over then smells alcohol on your breath, you will likely be arrested for a DUI.

When you are arrested, you have the right to remain silent and answer no questions other than to identify yourself. You may also request representation from a criminal defense lawyer. Requesting an attorney is the best way to protect your rights during the criminal process.

 

Arraignment and Bail

These steps of the criminal process usually occur at the same time. During the initial hearing, the prosecutor will tell the court exactly what crimes you are being charged with, and the judge will typically set bail.

The crimes you are charged with may not be the same crimes you were arrested for. While police need to have a legitimate reason to arrest you, prosecutors typically have a better understanding of the law than the police. A prosecutor might look at the evidence and charge you with lesser or greater charges. They might also charge you with completely different charges, depending on the circumstances. Your lawyer may be present during the initial hearing.

If you were arrested for a crime in Tampa, you might be scared about what is going to happen next. An experienced lawyer at Taracks & Associates will guide you through the criminal process to ease your concerns. Contact our law firm at 813-281-2897 to schedule a free consultation and case evaluation.

Evidence Gathering and Plea Bargains

For the next few weeks, your criminal defense attorney and the government will collect as much evidence as possible. Every piece of evidence could be critical. The more evidence your attorney gathers, the less likely it is that you will be convicted. Unfortunately, the reverse is true for the prosecution.

Thankfully, you have some slight advantages during this process. The prosecution is required to share every piece of evidence it acquires with your lawyer. Furthermore, the government is restricted in what evidence it can use. It needs a valid warrant to search your home, property, or person. Additionally, the government can’t force you to testify against yourself, but you can choose to testify if you believe your testimony will be net positive for your case.

Once most or all of the evidence has been obtained, your lawyer will typically begin plea negotiations with the prosecutor. If the prosecution isn’t certain it can win its case, it will often offer lesser penalties or lesser charges in return for a guilty plea. You might agree to this type of deal if you are uncertain that you can prevail at trial.

The Trial

If you don’t agree to a plea deal, the case will go to trial. This is where the evidence gathered by both sides of the case is presented to the jury. Trials are surprisingly quick compared to the rest of the legal process. It could take months or even years for a case to finally reach trial. However, the trial is usually over in just a few days or weeks. Similarly, except in the most complex cases, juries usually determine the results within a few hours or days. Any longer than that and the jury is likely deadlocked, in which case, the case will be declared a mistrial.

Sentencing

If you are acquitted of all charges, there is no sentencing phase. You are released and can never again be prosecuted by Florida based on the facts of the case. However, if you accepted a plea bargain or were found guilty of any of the charges, you will face sentencing.

When you have negotiated a plea bargain, the judge will typically issue the sentence that both parties agreed to. Judges can refuse to accept a plea bargain, but that is rare.

If you were found guilty by a jury, though, the judge has more leeway. Any criminal sentence the judge issues must be within the guidelines placed by Florida law. For example, a judge couldn’t send you to prison for 20 years if you were found guilty of a first-time reckless driving offense. That is far beyond the limits of the sentencing guidelines for that crime.

Contact a Criminal Defense Lawyer at Taracks & Associates Today

From the moment you are arrested until your case is dismissed or you are sentenced, the criminal justice system in Florida can seem like an alien thing. It is much easier to navigate if you are represented by experienced criminal defense attorneys at Taracks & Associates.

Don’t wait after getting arrested in Tampa. Contact our law firm at 813-281-2897 right away to consult with a top-quality criminal defense attorney.