Understanding the Legal Proceedings after Arrest

Facing an arrest on criminal charges is sure to be a traumatic experience for any individual. The first advice anyone would give you is – get a legal advisor immediately. While getting a legal practitioner is a necessity in many cases, it is perhaps the most important thing to do in a criminal case – after all, much is at stake here.

Here is a quick look at the ways a criminal attorney would be able to help you throughout the legal proceedings.

After the arrest, you would need to go to the police station for Booking. Your attorney may accompany you at this time and ensure the protection of your rights, the most important of which is the right to remain silent.

Next is the Arraignment – the first appearance at court. If you are in jail custody, this must happen within 72 hours of the arrest. At this time, you would need to enter a plea. Discuss which plea to enter with your attorney – Florida accepts guilty, not guilty or nolo contendere (no contest).

Note: There may be a separate hearing to determine your eligibility for bail or release on personal recognizance.

Before the case goes to trial, your attorney may consider any Plea-bargaining proposed by the prosecution. Only a legal professional can help you understand the terms of the bargain weigh the pros and cons before you take any decision in this regard.

You need to get a Board certified criminal trial attorney for defense, especially for the next phase – Trial. There are various responsibilities of the attorney at this stage –

Preparing and presenting opening statement
Presenting evidence
Examining and cross-examining witnesses
Preparing and presenting closing statement

If you enter a not guilty plea, and no affirmative defense, the burden of proof is on the prosecution. As per the American legal system, you are innocent until proven guilty. Any existence of reasonable doubt, and the prosecution would not be able to prove your guilt.

If the Miami lawyer considers using affirmative defense, the burden of proof shifts to your side. In this strategy, you accept the prosecution’s charges, but place a certain point that makes such actions excusable. Suppose you were facing a criminal charge of assault. In such a situation, you may use self-defense as a strategy.

To establish this, you would need to prove at court that you were not trying to harm another, but to protect yourself from harm.