YOU'VE BEEN ARRESTED - NOW WHAT? HERE ARE FIVE THINGS YOU MUST DO AFTER YOUR FLORIDA ARREST

Police in Florida who are convinced that a crime has been committed are recently being given more discretion to not always make an arrest by either issuing a notice to appear or by forwarding the case to the State Attorney's Office where prosecutors conduct further investigation before either declining to file the case or issuing an arrest warrant. A notice to appear could typically be given in a nonviolent misdemeanor case such as the minor drug offense of Possession of Marijuana or Possession of drug Paraphernalia as long as the marijuana amount was small. Forwarding the case to prosecutors often involves nonviolent felonies or cases where either the applicable law is in some doubt or the facts and circumstances of the case are not clear with further investigation needed. For example, in scheme to defraud, fraud, and many grand theft cases the sheer complexity of the facts in question may delay an arrest as an investigation by prosecutors and detectives moves forward.

But in most Florida criminal cases police take immediate action after an initial investigation by making an arrest. In these cases it's important for the person arrested or those who care about that person to take immediate action. Here are the five most important things to do:

1. Hire a defense lawyer. The lawyer will demand discovery such as police reports and state witness names and addresses and conduct a thorough investigation of the facts by interviewing possible defense witnesses, subpoenaing possible video or audio of the incident, researching applicable law, finding flaws in the police investigation, writing prosecutors to reduce or dismiss criminal charges and asking the judge to reduce any applicable bond with as few restriction while free as possible.

2. Bond out of jail. Our system of justice is not always fair because even innocent people who have been arrested but not convicted for felonies or misdemeanors may be forced to wait months in jail while their cases proceed thru the chaotic Florida criminal justice system. Loss of career and an inability to ably help with their defense is the result. Therefore, it's important to find the means to bond out of prison. Hire a bondsman if the direct bond amount can't be found. 

3. Stay out of trouble and out of harm's way. Don't do anything that will land you back in jail. Stay away from the victim or any state witnesses involved with your criminal case, that means no calls, no meetings, no instant messages. Stay away from wherever the offense occurred. Stay out of trouble and keep your nose clean.

4. Focus on your case. Give your attorney all the information that you have and try to get any information that you don't have. That means that if you believe there's a witness who could help your case that you do your best to find that person's name and contact information or give the lawyer enough information that he can do it as soon as possible. The faster your attorney has the information the sooner he can use it to help your case.

5. Be strong. A successful result is much more likely if you are upbeat and helpful. If you've got a mountain to climb, then start climbing. You've been arrested, maybe you're feeling disheartened, down and out and who wouldn't feel that way, but to fight these criminal charges you've got to be stronger than you've ever been not just for yourself but for your family and for those who love you. Get some exercise, eat well, control what you can control. If you've chosen a good defense lawyer then let this sit on his shoulders not on yours.

For over thirty years I've been exclusively practicing Federal and state criminal law in Florida, with the goal of leading clients who've been arrested to the best possible results so that you can go back to living a full life as you did before that arrest.

THE BEST WAY TO HANDLE THAT PENDING ARREST WARRANT FROM PINELLAS COUNTY, FLORIDA

It's best to take action now
so you won't be arrested later.

It's the gift that keeps on giving, that old arrest warrant you may have forgotten about but that somehow never forgets you. Even if the alleged misconduct embodied in the warrant was years ago that warrant is in the database of every major police agency in the United States. If you're stopped for a ticket or hit in an accident or report a crime the police officer who talks to you has access to the fact that there's a Judge in Pinellas County, Florida waiting to see you. And that police officer is apt to take immediate action by arresting you, in fact depending on the alleged misconduct in some jurisdictions the officer could be punished for not arresting you.

Before this era of fast information computing it may have occasionally been possible for a misdemeanor or even a nonviolent felony warrant to casually slip thru the mountainous warrant paperwork. Not any more. Today that incident from a barely remembered Florida vacation will eventually have to be faced. The question is will you choose the moment to face it or will there be a random arrest when you least expect it at the worst possible time.

You may be wondering what is an arrest warrant? An arrest warrant is the written manifestation that there exists probable cause to believe you have committed a crime and that you must answer for it. The underlying truth of the alleged criminal act is not at issue. The only attributes of the warrant that can be attacked are the validity of the warrant and the underlying identification of you as the target of the warrant. 

In practice this means that if there is an arrest warrant for a misdemeanor simple battery charge or a felony possession of drugs charge it's not possible to attack the facts and circumstances of the underlying battery or possession of drugs until after you turn yourself in on the arrest warrant. That's because a hearing of the facts of the case can not begin until every party in the case including the defendant are actually before the judge. One way to think of an arrest warrant is that it's an unavoidable invitation to become a party to a criminal case. But if your name, date of birth or other identifying characteristics are wrong then a judge may look to the warrant to see if it is actually for you. Further, a warrant may be attacked directly or prosecutors may withdraw an arrest warrant if it can be established that law enforcement officers made no reasonable effort over an extended amount of time to actually enforce the warrant.

What should you do if there is a warrant for your arrest from Pinellas County, Florida? As a criminal defense lawyer I look to the following factors in accessing what to do next: the severity of the charged offense, the length of time since the offense and the integrity of all of the identifying information on the warrant. If the charge is not too serious or nonviolent it's likely possible to schedule a time for you to turn yourself into the authorities and later attend a hearing where the judge and prosecutor formally attend to the merits of the case. Once you've become a party to the case then the case will end either in dismissal, plea or trial by jury. My goals for you will be to find the best possible solution not only in disposing of the warrant but also in finding the best solution to the underlying allegations of criminal misconduct.