Criminal Defense FAQs

Frequently Asked Questions About Florida Criminal Defense Cases

Now that I have been arrested, what are my rights?

• You have the right to an attorney.
• You have the right to remain silent.
• You have the right to know the crimes you have been charged with.
• You have the right to examine the evidence the state has against you.
• You have the right to confront your accusers and cross-examine witnesses.
• You have the right to a jury trial.

How does the criminal system work?

If you have been arrested or received a notice to appear, your case will go through different stages of the criminal justice system. After being arrested, the State Attorney’s Office will review the law enforcement officer’s narrative of the alleged incident that led to your arrest and make a determination as to whether formal charges are filed. If formal charges are filed, an arraignment, pre-trial and trial dates will be set by the Judge.

Am I entitled to a bond?

In most cases you are entitled to a bond. We may be able to bring your case before a judge to have a bond set or to lower your bond amount.

What is arraignment?

You have the right to be arraigned, usually within two court days after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. You can enter a plea of not guilty, no contest or guilty at the arraignment. The Judge also sets your case for pre-trial and trial.

Do I need to attend the arraignment?

All court hearings are mandatory, however we may be able to file the appropriate motion to excuse you from this court proceeding.

How do I find out the evidence against me?

After the arraignment, we are entitled to all evidence the state intends to use against you. During this process we are able to interview witnesses, investigate the allegations against you, and solidify our defensive strategy.

The attorneys at the Moses and Rooth law firm represent clients throughout Central Florida, including Orlando, Kissimmee, Sanford, DeLand, Deltona, Daytona Beach, Casselberry, Viera, Winter Garden, Altamonte Springs, and Lake Mary.