ARREST OR NOTICE TO APPEAR

The first step is becoming involved in the criminal justice system.  You may be arrested for a crime and taken to jail or you may have received a Notice to Appear either in the mail or from an officer.  Just because you get a Notice to Appear and not arrested does not mean your case is any less serious than others.  If you are arrested, you will be taken to jail and either given a bond or go in front of a Judge who will determine if probable cause exists and whether you will get a bond.

Once arrested, the person will have a good idea what charges they will be facing. This is the time to contact a lawyer. Contact us at the Law Offices of William S. Orth for a free consultation on you rights and what to expect. Sometimes with serious charges, you or your attorney may utilize the services of a Private Investigator to begin gathering evidence and information that is helpful to you defense.

INFORMATION

The State Attorney’s Office gets police reports regarding people who have been arrested and from police officers investigating crimes.  The person reviewing the report must decide what, if any charges, to file on.  If the person decides to file charges, a charging document called an Information is filed.  If charges are filed, they do not necessarily have to be the same charges the law enforcement officer puts in his/her report.  Either the same charges may be filed or the charges may be reduced or increased in terms of number, type and/or severity.  This is the stage where a good defense attorney can help a client by either getting charges initially dismissed or reduced and gathering information favorable to you.

ARRAIGNMENT

Every person accused of a crime is set for Arraignment.  This is the initial court date where you learn what charges you are facing and you will enter a plea to the charge.  The court will set a date for a Pre-Trial Conference if you plea nolo contendre.  If you have hired an attorney, you will not have to be present since your attorney will enter a Notice of Appearance and Written Plea of Not Guilty.

DISCOVERY

This is the stage where the state must give you all of the police reports and witness statements as well as a list of potential witnesses and whether any physical evidence exists in your case.  Whatever the items are, you and your attorney have the right to receive or inspect all of these things.  This is a very important stage in allowing your attorney to prepare your defenses and determine what course of action to take in defending you.  It is important that each defendant review the discovery so that the attorney can have your input into whether the discovery is accurate as to what happened.

PRE-TRIAL CONFERENCE

This is the date where you or your attorney will address the court on issues such as discovery, hearing dates or trial dates.  Often times, your attorney has not received all of the discovery in the case and is not able to set your case for trial or recommend a disposition. In some cases, depositions need to be taken of the state witnesses because the police report and witness statements do not fully inform you of what the accusations are.  In addition, motions may need to be heard by the Court involving your constitutional rights. 

TRIAL

Some cases are set for trial because the state is not willing to dispose of your case in a way that is satisfactory to you.  This decision made by you and your attorney takes into account the charges, possible penalties and defenses you may have.  Every person has the right to trial, the right to have an attorney represent them and to face their accusers.  Your attorney’s job is to review your case with you thoroughly so that you are able to make an informed decision about whether or not you want to go to trial.

I have gone to trial hundreds of times on cases ranging from misdemeanors to major felonies like Robbery and Attempted Murder.  Not only can I help you with the discovery and negotiation in your case but I can also help you if you decide whether or not to go to trial.  You need a seasoned trial attorney on your side who can effectively prepare your case and go to trial if that is what you decide is the best course of action. Contact us at the Law Offices of William S. Orth so that we can meet with you and analyze your case in a free consultatation.

Each crime in the State of Florida has a certain level or degree attached to it.  The degree of crime along with the elements of the crime can make certain crimes more or less serious than others.   Other factors such as prior record or the existence of weapons during the crime can enhance the penalties.  It is important to know this aspect of the case as it can help to determine what outcome you are seeking.  For example, robbery is different depending on whether a firearm or other weapon is used.  Some drug charges are more serious depending on the amount of the drug you are in possession of.

I can help you with any or all types of criminal defense cases.  I handle all types of misdemeanors, felonies, violations of probation or community control or juvenile defenses.  I can also assist you if you are being investigated by the police and need someone to advocate for you to avoid charges or reduce the charges before you even step foot in court.  Contact me to discuss your case and the possible defenses you may have.  I a available 24 hours a day.  The majority of the time, you will speak with me regarding your case or I will call you back the same day to discuss your matter.  While some attorneys may be unavailable for days, I strive to keep in contact with my clients and prospective clients regardless of whether you call me during business hours on a weekday or after hours.  When you hire me to represent you, I will be the attorney handling your case, not an associate.  I have assistants in my office who have extensive experience and can assist me in effectively representing you and preparing your case for court.

Many of these charges can either be misdemeanors or felonies.  Regardless of the level of the offense, I have the extensive experience to help you know your rights and resolve your case in the best way possible. Contact us at the Law Offices of William S. Orth for a free consultation.

If you have already been to court and resolved your case, you may want to modify the result.   Contact me and I may be able to help you.  I can also help you terminate your probation early or modify the terms of probation to allow you to live and work with as little interference as possible.