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Arrest warrants do not technically expire. While statutes of limitations do exist for crimes, police can still arrest someone past the statute’s expiration. However, if police arrested you after the statute of limitations expired, we can file a Motion to Dismiss the case. Statutes of Limitations for Criminal Offenses in...
Yes, under certain circumstances, police can make an arrest without a warrant so long as they have probable cause to believe the arrestee committed an offense. There are certain exceptions to this general rule, though. Situations in Which Florida Police Can Make Warrantless Arrests Florida Statute § 901.15 lists all...
Yes, an arrest will show on a background check. In fact, anyone can perform a background check and obtain detailed information about your arrests, the outcome of each case, and details about the proceedings. Criminal records are public records, just like civil, bankruptcy, and traffic cases. This means anyone can...
There is a lot on the line when you are up against criminal charges. You could face imprisonment, fines, probation, and loss of civil liberties, among other penalties. The stakes are even higher when you work in certain fields as you might lose your professional license after arrest. If you...
Someone can be held in jail for 33 days without being charged, according to Rule 3.134 of the Florida Rules of Criminal Procedure. It is important to note that the state actually only has 30 days to charge an arrestee with a crime. If it has not filed charges by...
The difference between being indicted and charged relies on who files the charges. “Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant. Regardless of how the state moves forth with filing charges, the results are the same for...
One of the first things people who have been arrested want to know is how long they can be held in jail without seeing a judge. Florida law provides that arrestees must have their first appearance, also referred to as an “advisory,” with a judge within 24 hours following their...
In Florida, aggravating circumstances are factors that increase the gravity or severity of a crime. Depending on the offense and the individual accused of committing the crime, aggravating circumstances may include: The defendant’s prior criminal record The way in which the defendant committed the offense A lack of remorse The...
Probation is a common alternative punishment to imprisonment. In March 2017, there were over 136,000 people serving probation time in Florida, according to the Florida Department of Corrections (DOC). Probation works by allowing defendants to retain many of their freedoms, as long as they meet strict conditions mandated by the...
After Governor Rick Scott changed the regulations regarding the death penalty last March, the Supreme Court of Florida was faced with the task of amending both its process for capital cases and its death penalty jury instructions. The amendments include a form that guides jurors through the process of making...