Prosecution by Grand Jury Indictment in a Florida Criminal Case

One of the main differences between an indictment and an information is that in an indictment, the defendant in the case is not allowed to:

• present evidence;
• give witness testimonies; and
• cannot appear in front of the grand jury to defend his or her case.

In fact, during the indictment, the prosecuting attorney is often the only one before a grand jury who is allowed to display evidence of criminal activity against the defendant.

Grand juries may be convened only for felony or capital cases and while they usually are not necessary in state cases, they are available. State cases usually opt for prosecution by information, or reserve grand juries for only certain types of crimes.

There has been some controversy that the less prominent role of the grand jury in state felony cases has diminished the integrity of the system, and might allow zealous prosecutors to level charges without sufficient evidence or reasonable grounds. Some court officials have even recommended abolishing the system altogether and instead, start with a preliminary examination.

Prosecution by Information in a Florida Criminal Case

By contrast, criminal charges made without a grand jury indictment, a practice carried over from 13th century England and popularized during the expansion into the American West, is known as a prosecution by information.

In a prosecution by information, a document is issued that formally assesses charges against a defendant, which the defendant can challenge during a preliminary hearing. Once the preliminary hearing is underway, the defendant has rights to cross-exam witnesses and provides evidence to defend his or her case. The purpose of a preliminary hearing is to investigate whether or not “probable cause” has been established.

Probable cause is defined as the reasonable grounds under code of law for believing that a person has committed a criminal act. This is a much more expeditious process of determining whether or not to proceed with a criminal case and is heard before a judge.

During a preliminary hearing, the prosecution is only required to prove that there is enough evidence to proceed with a trial – it is not required to prove that a crime has actually been committed.

If your Florida criminal case is pending after an arrest, do not leave yourself and your rights unprotected. An attorney from a Broward county defense law firm will defend your rights and hold the prosecution accountable for meeting the full burden of proof for each charge against you.

No matter what you have been accused of, you have certain inalienable rights under the letter of the law, and an attorney will see that they are enforced.

Reach Out to a Broward County Defense Law Firm

When you’re facing criminal charges, your legal team is your best defense. The defense team you choose to represent you in court, defend your criminal rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. If you’ve been looking for a Florida defense lawyer, search no further. Contact the team at Falk & Ross for a no-cost evaluation of your case – 877-663-5110.

This constitutional right does not, however, extend to lying. Perjury, or the act of providing false information while on the stand – after having sworn to tell “the truth, the whole truth, and nothing but the truth” – is a serious crime and carries with it severe legal consequences. You are not allowed to lie if asked a question that might incriminate you, but by the same turn, you do not have to answer it.

Arrested for Criminal Acts? Miranda Rights under the Fifth Amendment

The Fifth Amendment also grants the legal provisions that make necessary the Miranda warning, which has been widely popularized by TV shows like Cops and Law and Order. Miranda rights, known as such because of the Supreme Court case Miranda v. Arizona from which the principle is derived, require that police give a specific warning to any criminal suspects held in police custody that clearly enumerates the suspect’s right to remain silent to avoid self-incrimination.

Another prominent feature of the Miranda-enforced criminal rights is that, should you opt not to speak with the police after being arrested, they are legally barred from asking you any further questions.

Lesser-Known Rights Included in the Fifth Amendment

While we are used to thinking of the Fifth Amendment as the means for preventing self-incrimination, it actually features several important legal clauses.

• That no one may be deprived of “life, liberty, or property without due process of law” – essentially enumerates that each person is entitled to a fair trial;

• That private property may not be “taken for public use, without just compensation” – federal and state courts continue to debate the issue of what qualifies as “just compensation”; and

• That no person “shall be subject for the same offense to be twice put in jeopardy of life and limb” – states that a person may not be prosecuted for the same crime after he or she has been acquitted, even if new evidence has been found.

Grand Jury Indictment Exception to the Fifth Amendment

There are, however, some exceptions, as there are in most complex legal matters. The text of the Fifth Amendment’s first sentence reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury […]”

If you are brought before a federal grand jury, the exclusionary rule that prohibits evidence obtained in violation of the Fourth, Fifth or Sixth Amendments is not applicable.

Put an End to Your Florida Defense Lawyer Search

When you’re facing criminal charges, your legal team is your best defense. The defense team you choose to represent you in court, defend your criminal rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. If you’ve been looking for a Florida defense lawyer, search no further. Contact the team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.

After you’ve been confronted by a loss prevention officer who accuses you of stealing, it’s unlikely that he or she will listen to anything you have to say. Even if your transgression was the result of an honest mistake, it’s doubtful that your pleas or reasoning will make any difference to the loss prevention officer. 

These people aren’t police officers, and they can tell you just about anything that they like to get you to confess to stealing. They’ll even say that unless you confess, they’ll call the police to arrest you, and then after you tell them what they want to hear, they’ll call the police anyway. 

With that in mind, the best thing you can do when you’re stopped is remain quiet. Don’t say anything that admits guilt, even by accident, and let the loss prevention officer go through his or her paperwork. 

If the police arrive, be calm and cooperative – if this is your first offense and the value of the merchandise wasn’t substantial, you’re unlikely to be arrested, by you’ll probably be served with a notice to appear. That’s where you should phone a Miami shoplifting defense lawyer and explain your circumstances. 

Contacting a Miami Shoplifting Defense Lawyer 

If you are facing charges for shoplifting in Florida your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Miami defense team at Falk & Ross to discuss your case – 1-877-663-5110.

Even if you take all precautions, police do pull over drivers who are within the legal limit to drive. This can put you in a stressful position and may result in an arrest, even one on unfounded grounds, which will still cost you time, money and frustration, regardless of your guilt. 

In order to minimize the risk of being pulled over in the first place, be sure that you’re capable of driving safely. Be sure that your headlights are on, plan your driving route in advance, and avoid making quick turns or failing to signal. Also, minimize the distractions in the cab of the car. If you’re pulled over for a suspected DUI, remain calm and have your documents ready for the police officer. 

Contact a Ft Lauderdale DUI Lawyer 

If you are facing a DUI in Florida, your legal team is your best defense. The lawyer you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Ft. Lauderdale DUI defense team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.

If your child has been taken into custody and is being held at a juvenile detention facility in Florida, there are significant risks that you, as a parent or legal guardian, should be fully aware of. 

In addition, juvenile detention centers chronically suffer overcrowding and poorly trained staff. Staffers who are untrained in diffusing unrest among youths often escalate the tension by imposing harsh disciplinary actions. 

Youths in juvenile detention centers are quick to spin out of control, and when staff members lack the adequate training to calm down hostile inmates, they often resort to restraint or other strict means of immediate and obvious control. 

Although there are safety risks present in a Florida juvenile detention center, greater dangers exist in an adult prison.  

This is important to note because if your child is nearing the age of 18 and the crime for which he or she is being held is particularly serious, it’s possible your child might be held in an adult facility. An attorney should be contacted to help make an argument for other options such as house arrest under certain conditions.  

If your child has been taken into custody at a juvenile detention facility in Florida, contact an attorney from a team of Miami defense lawyers who have handled juvenile cases before and understand the nuances of how youth cases differ from those of the adult system.  

Contacting Miami Defense Lawyers 

If your child is being held in a juvenile detention facility in Florida, your legal team is your child’s best defense. The defense team you choose to represent your child in court, defend their rights, and relentlessly pursue their case could be the difference between being held longer and coming home. Contact the Miami defense team at Falk & Ross to discuss your case – 1-877-663-5110.

If you have been stopped in suspicion of violating Florida law, police may be able to search you, which could result in your arrest or detention. If you are arrested or detained by the police, immediately invoke your right to counsel and contact an attorney at a Miami criminal defense law firm.

Florida Law: Reasonable Suspicion of a Pedestrian Violation

Florida law considers any person traveling on foot to be a pedestrian, which includes the following groups of people:

• people in wheelchairs;
• those on skates or skateboards; and
• those on foot-powered scooters.

Pedestrian laws apply to travel along any highways, at streets, roadway crossings and traffic signals. The statutes include bicyclists, but they are also included under additional and separate laws.

Florida pedestrian laws require that pedestrians travel along sidewalks, usually referred to a paved designated section on the side of the road, when they are available and accessible (for instance, if construction roadblocks prevented you from accessing the sidewalk, then you are not required by law to use them for travel).

When sidewalks are not provided, pedestrians must walk on the shoulder on the left side of the roadway so they are aware of oncoming traffic. Failure to do so can lead to a stop and additional penalties. Standing in the roadway is also illegal and may result in pedestrian stop if you solicit a ride, employment or business from vehicles.

Pedestrian “stop and frisks” have been on the rise, particularly in dense, urban areas, such asNew York City,Philadelphia, and Los Angeles, where foot traffic is heavier and populations are more culturally diverse.

In some cases, a pedestrian stop may just be an excuse to search someone. For instance, a police officer may stop you for walking through the crosswalk at the improper time as a smokescreen to frisk you and search you for potentially illegal items, since police are allowed to frisk someone in an automatic weapons search.

If you were stopped by a police officer, and the stop resulted in an arrest for a violation of a Florida law, contact a Miami criminal defense law firm to see if you were treated fairly. If you were not, you may have a good chance of lessening your charges with a defense attorney fighting on your behalf.

How an Attorney from a Miami Criminal Defense Law Firm Can Help

In cases in which an arrest is precipitated by an invalid stop, an attorney may be able to get your charges dismissed, but you should speak with a lawyer about the specific details of your case to determine whether or not this is a plausible outcome.

If you were stopped by the police and subsequently arrested for and charged with a crime, speak with an attorney about the possibility that you were unjustly stopped. If a police officer cannot demonstrate that he or she had reasonable suspicion that you were engaged in or in the midst of criminal activity, your charges may be dropped.

Whenever you are facing criminal charges, it is vital that you speak with a Miami shoplifting defense lawyer who can fight to defend your rights and put your case behind you and out of your life so that you can move forward. 

Consequences for Shoplifting in Florida 

The severity of your punishment depends on the value of the items that you stole: 

• less than $100 is petit theft in the second degree, and punishable by up to 60 days in jail;
• more than $100 but less than $300 is petit theft in the first degree, and punishable by up to 1 day less than a year in jail; and
• more than $300 but less than $5,000 is grand theft in the third degree, and punishable by up to 5 years in prison. 

These charges have already begun to affect your peace of mind – do not let them affect your future. Reach out to a Miami shoplifting defense lawyer who has handled cases just like yours and can explain your options to you in simple, no-nonsense terms. 

Contacting a Miami Shoplifting Defense Lawyer 

If you are facing charges for shoplifting in Florida your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Miami defense team at Falk & Ross to discuss your case – 1-877-663-5110.

Types of Roadside Field Tests for Suspected DUI in Florida 

Some common roadside field exercises that are commonly used by police include: 

• Horizontal gaze nystagmus, in which the police officer will watch your eyes as they track an object, such as the end of a pen; 
• One-leg stand, which will require you to stand on one leg and count to 30; and 
• Walk and turn, as popularized by television shows and movies in pop culture, in which you will be instructed to walk heel-to-toe, along a straight line. 

Remember, you are not legally obligated to submit to any roadside field tests, and whatever evidence the police do not have is evidence they are unable to use against you, so do not give them any by performing the field tests. If arrested and charged with a DUI, aFloridaattorney can help. 

Contact a Ft Lauderdale DUI Lawyer 

If you are facing a DUI in Florida, your legal team is your best defense. The lawyer you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Ft. Lauderdale DUI defense team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.

Out of fear, you may tell them what they want to hear and end up putting yourself in a more compromised position. If you’re arrested or served with a notice to appear in court, immediately reach out to a Miami shoplifting defense lawyer who will defend your rights. 

Many offenders actually shoplift without even being consciously aware that they are doing it. You may be trying to keep an eye on your children, field phone calls on your cell, and look for specific products when you pick up a product and place it in your cart. Moments later, without thinking, you might set your purse or coat on top of it. 

After you check out, a loss prevention officer accosts you and accuses you of theft, making a scene in front of your children, embarrassing you in front of the store customers (your local peer group), and threatening to call the police – which they often do, regardless of how you act. 

This scenario has played out countless times, and whether you meant to shoplift or not is no longer the issue. Once you’ve been arrested or served notice to appear in court, your first priority should be to get an attorney and get your charges safely behind you.  

How a Miami Shoplifting Defense Lawyer Can Help 

When you’re facing charges for shoplifting in Florida, a defense attorney can minimize the impact of your indiscretion. An attorney will handle your case without judgment and allow you to put the ordeal out of your mind while you move forward with your life. 

Being charged with shoplifting in Florida can be a humiliating experience, but it doesn’t have to be one that haunts you for the rest of your personal and professional life. A Miami shoplifting defense lawyer can represent you throughout your case and will work passionately and aggressively to:  

• protect your legal rights;
• minimize the extent to which you are affected; and
• determine the optimal resolution for your case.   

Many department or outlet stores employ aggressive, even hostile, loss prevention officers who will not listen to your side of the story, no matter how honest your mistake may have been. Once a loss prevention officer has stopped you, it’s likely that the police will be called and that you will be either arrested or served with a notice to appear in court. 

Definition of Shoplifting in Florida 

Shoplifting is defined under Florida Statute 812.014 of the criminal code, and the severity of the charge is dependent on the retail value of the items you are accused of stealing or attempting to steal. 

If the value of the merchandise you were accused of stealing totals less than $100, you will be charged with petty theft in the second degree, a second degree misdemeanor under Florida law. If the value of the merchandise was valued between $100 and $300, the charge will be petty theft in the first degree, which is a first degree misdemeanor. 

Finally, if the value was between $300 and $5,000, you will be charged with grand theft in the third degree, a significantly more serious charge. This charge is a third degree felony and is punishable by up to 5 years in a state penitentiary. 

If you’ve been arrested for shoplifting in Florida, speak with a Miami shoplifting defense lawyer who has handled cases like yours before and will respect your right to privacy.  

Contacting a Miami Shoplifting Defense Lawyer 

If you are facing charges for shoplifting in Florida your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Miami defense team at Falk & Ross to discuss your case – 1-877-663-5110.

Being released on your own recognizance comes with some conditions. You are not off the hook – you still have to show up to your court dates to face your charges, and if you are found guilty, it is possible you will do some jail time. However, when you are released, whether on bail or recognizance, you are able to continue living your life as the court proceedings continue.

How You Can Be Eligible for Release on Own Recognizance (O.R.)

A defendant signs a document that guarantees he or she will show up in court and is not required to post bail. Typically, a defendant can request to be released on his own recognizance at arraignment, the initial court appearance that takes place before the proceedings of any trial moves forward.

Whether or not a defendant can be released on his or her own recognizance depends on several factors, such as the following:

• If the defendant has strong ties to the community, such as nuclear family members (a spouse, parents or children);
• If the defendant has lived in the community for a long time and shows no threat of fleeing to escape charges;
• If the defendant is employed;
• If the defendant has little to no previous criminal record, or if the previous criminal acts were minor and took place many years prior; and
• If the defendant has been charged in the past and has always shown up at court upon requested.

An Attorney Can Help You Get O.R.

If you have been arrested for a criminal charge in Florida and any of the above conditions are applicable to the circumstances of your arrest, you may be eligible for release on your own recognizance. Contact one of the Fort Lauderdale defense lawyers on our hardworking criminal defense team for a consultation of your case, in which you will receive an evaluation that will help you determine what steps you need to take going forward so that you can put this business behind you and move on with your life.

An attorney understands the requirements under Florida criminal law and can articulate to the court that you are a reliable member of the community who will obey the dictums of the law, including and especially your obligation to show up on your scheduled court dates to face your charges. Also, by hiring an attorney, you have a better chance of receiving a fair trial and potentially having your charges dismissed or at least lessened.