Refers to a body of laws that apply to criminal acts. In instances where an individual fails to adhere to a particular criminal statute, her or she commits a criminal act by breaking the law.
Right to Pre-Trial Release:
An accused usually obtains pre-trial release immediately after his arrest. The person usually is taken before a judicial officer for a first appearance within twenty-four hours of his arrest. This requirement applies only to an accused who is still detained; an accused who has obtained pre-trial release is not afforded a first appearance.
A defendant has the right to bail in all cases not involving capital or life offenses. A person accused of a capital offense or an offense punishable by life imprisonment for which the proof of guilt is evident or the presumption great is not entitled to bail as a matter of right.
The court may deny bail when a person has been charged with committing a dangerous crime. The following offenses may be considered as “dangerous crimes:”
- Aggravated Assault;
- Aggravated Battery;
- Illegal use of explosives;
- Child abuse or aggravated child abuse;
- Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult;
- Sexual battery;
- Lewd, lascivious or indecent assault or act upon or in presence of a child under the age of 16 years;
- Sexual activity with a child who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authorities;
- Burglary of a dwelling;
- Stalking and aggravated stalking;
- Act of domestic violence;
- Attempting or conspiring to commit any such crime;
- Home invasion robbery.
The speedy trial rule requires that an accused person be given a trial within a pre-set speedy time. A person accused of a misdemeanor must be brought to trial within ninety days. A person charged with a felony must be tried within one hundred and seventy-five days.
Right to a Jury Trial:
A defendant does not have a right to a jury trial in traffic offenses. The exception is when the person is charged with a DUI offense. Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.
If you are facing a Criminal Case, call for a consultation with Attorney Juan J. Mendoza.
Riverview Corporate Center
27299 Riverview Center Blvd.
Bonita Springs, Florida 34134
Tel.: (239) 262-0427
Fax: (239) 262-0710