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Criminal Defense & Appeals Blog

Jacksonville Criminal Defense FAQ

If you’ve been accused, arrested, or charged with a crime in Jacksonville, it’s important to learn as much as you can about how a criminal defense attorney can protect your rights and what to expect from the process. The following are some of the questions we hear most frequently from our clients, but if you have questions that are not answered here, please do not hesitate to call us at (904) 513 3905.

An experienced criminal defense attorney can guide you through the complicated legal system and help ensure your rights are fully protected. These are just a few of the actions a Jacksonville criminal defense lawyer may take on your behalf: 

  • Investigate the facts of your case and analyze the prosecutor’s case
  • Gather evidence
  • Gather statements from witnesses
  • File a motion to suppress evidence and/or statements
  • File a motion to dismiss charges
  • Advise you regarding your rights
  • Advise you regarding potential sentencing outcomes
  • Secure expert witnesses if necessary
  • Negotiate with prosecutors for outcomes such as reduced bail, charges or sentences
  • Assert a defense at trial

At Lufrano Legal, P.A., we make sure that you understand every aspect of your case at each phase of the criminal process. One of our attorneys is always on call and available to speak with you any time of day or night, any day of the week.

Your choice of a criminal defense attorney to represent you may be one of the most important decisions you can make. If you find yourself in need of legal representation for a felony, misdemeanor, or juvenile offense, take time to research the attorneys you are considering before you retain one. Ask these questions so that you can compare each attorney’s qualifications:

  • How long have you practiced criminal law?
  • Is criminal defense your firm’s main focus or a sideline?
  • Have you handled cases similar to mine? If so, what were some of the outcomes?
  • How often do your criminal law cases go to trial?
  • Who will work on my case?
  • How often will we communicate?
  • Can I reach you whenever I need to?
  • Do you charge an hourly rate or a flat rate?
  • Will there be other expenses I will have to pay for?

You have several rights provided by the Constitution, state and federal statutes, and case law if you are arrested, including:

  • The right to remain silent.
  • The right to know the crimes with which you have been charged
  • The right to have an attorney with you at every critical stage of the prosecution.
  • The right to cross-examine the witnesses against you.
  • The right to present witnesses on your own behalf.
  • The right to access all of the evidence that the state intends to use against you.
  • The right to a jury trial.

The question as to when to invoke your right to remain silent is a straightforward one: the answer is virtually always. Many people think they can help themselves by cooperating with the police, but that’s rarely true. It’s generally best to politely decline to answer questions beyond basic identifying information. When invoking your right to remain silent, be clear and concise. For instance, you might say, “I am invoking my right to remain silent.”

  1. A criminal case begins when you are arrested or summoned to court.
  2. After the initial arrest, a “first appearance” hearing is conducted, during which the court may grant bail.
  3. An arraignment hearing is scheduled following the first appearance.
  4. At the arraignment, you’ll hear the charges against you and enter a plea.
  5. After the arraignment, there is a period of non-court action, including evidence gathering and negotiation. Your criminal lawyer and the prosecution will either agree on a plea deal or begin preparing for trial.
  6. Then, you will either attend a hearing on the plea agreement or will proceed to trial with your criminal lawyer.

An arraignment is the formal court hearing wherein the State files and announces what charges it will be pursuing against an accused.  The judge (or “court”) may do a number of things at an arraignment, including:

  • Advising you of the charges against you.
  • Advising you of the minimum and maximum penalties of the charges.
  • Asking how you wish to plea. 
  • Setting dates for future proceedings. 

At your arraignment hearing, you will be asked to enter a plea, which must be one of these formal responses:

  • Not guilty, which means you are denying that you committed the crime with which you are being charged.
  • Guilty, which is your admission that you committed the crime with which you are charged and that you are willing to accept the penalties imposed by the court.
  • No contest (or nolo contendere), which means you are not denying or admitting that you committed the crime, but are asking that the court resolve the matter. A plea of no contest is often associated with plea agreements. 

Often referred to as a plea bargain or plea deal, this is an agreement between a defendant and a prosecutor. As the defendant, you may agree to plead no contest or guilty if the prosecutor agrees to reduce a charge to a lesser offense, drop a charge, or recommend to the court a sentence that’s acceptable to the defense. Since the outcome of a trial is unpredictable, plea agreements are very common.

Once you have been arraigned, you and your criminal defense attorney are entitled by law to access all of the evidence that the state plans to use against you if you choose to participate in the discovery process. Through the discovery process, your attorney will receive evidence which will be used to further investigate your case, talk to witnesses, and more.