
The Process of a Criminal Case
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Investigation / Arrest
Police departments will investigate crimes until they determine there is probable cause to arrest a suspect. If you are arrested or detained by the police in connection to a criminal investigation, always invoke your right to remain silent and request to have Michele present for all encounters with police.
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First Appearance / Bond Court
After you are arrested, if a bond is not immediately set, you will be brought before the court for First Appearance within 24-48 hours. Michele will argue for a reasonable, affordable bond on your behalf. Unless you were indicted or it was a delayed arrest, at this stage you are not yet formally charged with a crime.
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Arraignment
Typically within 21 days of your arrest, you will be brought before the court for the prosecutor to announce whether they are formally filing charges or if they are taking no further action on your case. They can also ask for more time if they are still investigating the allegations.
If they announce they are filing charges, Michele will enter a plea of not guilty, demand a jury trial, and demand discovery (evidence).
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Discovery Process
If charges are filed, the State of Florida has the duty to turn over all evidence they intend to use against you, however, this also includes exculpatory evidence.
Michele will decide whether any experts or investigators need to be hired to work on the case.
Michele will thoroughly review the discovery and set all of the State’s witnesses for depositions - where they are subpoenaed to testify under oath and answer all of Michele’s questions.
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Motions
During the discovery process, Michele may discover that certain evidence was obtained illegally, that no crime actually occurred, or certain evidentiary issues will arise. Michele will file motions, such as a motion to dismiss, a motion to suppress, or a motion to compel further evidence.
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Plea or Trial
Throughout the discovery process, Michele will be working to negotiate the absolute best plea possible while simultaneously working the case up for trial. Once the time has come, Michele will discuss both options with you to determine whether you want to accept a negotiated plea or exercise your right to go to trial.
