Criminal Defense Lawyers in Hillsborough County

Protecting Defendants’ Rights in a Court of Law

When someone is placed under arrest in Hillsborough County, Florida, it’s the first step in what can often be a lengthy and ongoing legal process. Whether you’ve been accused of a misdemeanor or a serious felony crime, you need to understand what happens next and what you need to do to protect your rights and freedom.

At Osenton Law Group, P.A., our legal team is dedicated to helping our clients navigate this challenging time. We use our in-depth knowledge of Florida criminal law to develop a tailored, strategic approach for each case. If you’ve been charged with a crime, call our law office at (813) 322-5958 to schedule a strategy meeting with one of our criminal defense attorneys in Hillsborough County.

What Does It Mean to Be Charged With a Crime?

When someone is charged with a crime, it means the prosecutor in the case has formally accused them of violating the law. It’s a common misconception that the alleged victim of the crime is the person who brings charges, but this isn’t how the legal process works. In criminal cases, the prosecutor generally decides whether to formally charge a defendant with a crime. Someone can still be charged even if the alleged victim doesn’t want to press charges or is uncooperative with the investigation. In cases involving capital offenses, a grand jury must decide whether to indict the defendant.

It’s important to remember that being charged with a crime doesn’t mean that you will be convicted. The criminal justice system in Florida and the rest of the United States operates on the basis that all defendants are presumed innocent until proven guilty in a court of law. While being charged likely indicates that the prosecution believes there is sufficient evidence to support a conviction, they will still need to prove the defendant’s guilt beyond a reasonable doubt in court.

What Rights Do You Have During a Police Investigation?

Defendants have certain rights as outlined in the U.S. Constitution. Being aware of these rights and exercising them is one of the most important things you can do for your defense when you’re facing criminal charges. Below are some of the most important rights to be aware of.

The Right to Remain Silent

You’ve heard it in every cop show, but it’s true. One of the most critical things you can do to protect yourself when being charged with a crime is to exercise your right to remain silent. This right allows you to refuse to answer police questions and means that doing so can’t be used against you later. For example, the fact that you wouldn’t answer police questions can’t be used as evidence in a trial that you have “something to hide.”

It’s normal to want to explain yourself or to feel like it’s okay to answer questions if you’re innocent. However, the reality is that officers can lie to you about what evidence they have or other aspects of the case, and even providing a seemingly small detail, such as that you were home when a crime occurred, can negatively impact your case later on. You should only answer questions or speak to investigators with your attorney present and only if they have advised you to do so.

The Right to an Attorney

The Sixth Amendment to the U.S. Constitution states that all defendants in criminal cases have the right to legal representation. However, it’s important not to wait to exercise this right until you’ve already answered police questions and are waiting for trial. As soon as you are arrested, you should say that you want to talk to an attorney and then refuse to say anything else.

The sooner you get an attorney involved in your case, the better it is likely to be for your defense. At Osenton Law Group, P.A., we work quickly to determine what you’re up against and what strategies we can use to defend you in the strongest way possible.

The Right to Be Protected From Unreasonable Search and Seizure

Many criminal cases are built around evidence taken from the defendant’s home, car, or even their person, such as items in their jacket pockets. There are strict procedures officers must follow to ensure that any search and seizure of evidence is legal. If any of those procedures are violated, the evidence obtained may not be used at trial.

This is an important right to be aware of because many defendants don’t realize that just because evidence was found doesn’t mean it can actually be used in prosecuting their case. As defense attorneys, we review the circumstances surrounding your case, including whether a warrant was issued or items were in plain sight, to determine if the evidence can actually be used against you in court.

How Does Bond Work?

In many cases, a defendant can be released after being charged with a crime if they are eligible for and able to post bond. Whether you qualify for bond, also sometimes called bail, depends on the case. For minor crimes, someone may be able to be released without having to post any actual money, called released on your own recognizance, especially if they aren’t considered a danger to the public and have strong community ties that mean they aren’t a flight risk. However, it’s common for the defendant to have to post a specific amount of money to be released.

The bond amounts are supposed to be reasonable, but the legal definition of reasonable is often much different from what defendants expect. Bonds may likely be set at thousands of dollars, or even tens of thousands or more. If the defendant doesn’t have the cash to post bond themselves, they may be able to use a bondsman.

If you are charged with a violent crime, certain sex offenses, or other high-profile crimes, it’s also possible to be denied bond. Your attorney plays an integral role in arguing for bond to be allowed and potentially better release conditions to help you avoid staying in jail while you’re waiting for your case to be resolved.

What Should You Do If You’ve Been Arrested for a Crime in Florida?

When you’ve been arrested for a crime in Florida, what you do immediately after can impact the outcome of your case. Most importantly, stay calm and respectful. Don’t resist arrest or argue with officers. Then, ask for an attorney and assert your right to remain silent. Hiring an attorney as soon as possible is critical to ensure you have legal representation during the bond hearing and arraignment. It also means a legal team can start working on your case right away, which can help identify and preserve critical evidence.

If you’re facing criminal charges in Hillsborough County, reach out to Osenton Law Group, P.A., as soon as possible by calling (813) 322-5958 to speak with an experienced criminal defense attorney.