The criminal justice process can often feel confusing and overwhelming, especially if you’re not familiar with the legal system. Attorneys spend years developing the knowledge and experience necessary to effectively navigate this complex process. At the Law Office of Michael D. Barber, we understand how stressful facing criminal charges can be, and we are here to guide you every step of the way.
If you’re dealing with criminal charges, it’s essential to have a clear understanding of the defense process. Having the right attorney by your side ensures you’re informed and supported throughout. This guide is designed to help you break down key concepts, so you can better understand your rights and the legal process in Winter Park, Florida.
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In Florida, a misdemeanor is any offense that’s punishable by up to a year in jail. If a crime carries a sentence of more than a year, it’s classified as a felony. Common misdemeanors include charges like petty theft, simple battery, simple assault, and DUI—crimes that are serious but not considered the most severe.
Florida law divides misdemeanors into two main categories: first-degree misdemeanors and second-degree misdemeanors.
Some offenses, like DUI, don’t fit neatly into these categories and have their own separate penalties. Additionally, there are exceptions to the standard classifications. For example, reckless driving is technically a second-degree misdemeanor, but it can carry a penalty of up to 90 days in jail instead of the typical 60 days.
In Florida, a felony is any crime punishable by more than a year in prison. Felonies are divided into three main categories: first-degree, second-degree, and third-degree felonies, with third-degree being the least severe.
Some first-degree felonies can be enhanced, meaning they carry even more severe penalties. A first-degree felony punishable by life means that if convicted, you could face life in prison and up to a $15,000 fine. In cases of capital felonies, such as certain types of murder, the state attorney can seek the death penalty.
There are also specific felonies with exceptions to these general rules, often involving mandatory minimum sentences or higher fines. This is common in drug trafficking cases, where fines can reach hundreds of thousands of dollars depending on the amount of drugs involved, far exceeding the typical $10,000 cap for a first-degree felony. Mandatory minimum prison terms may also apply in these cases, making the penalties even more severe.
In Florida, there are several ways someone can be charged with a crime, depending on the severity of the offense. For minor traffic offenses, charges are often issued through a uniform traffic citation. This is reserved for less serious traffic violations and doesn’t typically involve the more formal criminal process.
For most criminal cases, however, charges are brought either by information or indictment:
Information is the most common method. In this process, the prosecutor reviews all the evidence and files a document called an “information.” This document outlines the charges against you, and the prosecutor swears under oath that they have evidence that, if proven, could establish the crime beyond a reasonable doubt. Once filed, this document formally charges you with the crime.
Indictments are typically reserved for more serious offenses, such as homicides, murders, or RICO cases. In these instances, the state attorney may present the evidence to a grand jury. If the grand jury believes the evidence is sufficient to bring charges, they will issue an indictment, which formally charges the individual with a crime.
While uniform traffic citations are used for minor traffic offenses, and indictments are generally reserved for the most serious crimes, the vast majority of other criminal cases in Florida are charged through the information process.
Due process is a fundamental principle rooted in the United States Constitution that guarantees fairness in the criminal justice system. It ensures that individuals are not deprived of their rights to life, liberty, or property without proper legal procedures. There are two types of due process:
Procedural Due Process
This ensures that the government follows fair and established procedures before depriving someone of their life, liberty, or property. It requires the government to follow the correct legal steps—such as proper notice, hearings, and trials—ensuring that everyone is treated fairly and that established processes are respected.
Substantive Due Process
This is broader and focuses on protecting an individual’s fundamental rights from government interference. It goes beyond whether the proper steps were followed (as with procedural due process) and asks whether the entire process was fundamentally fair. Substantive due process is concerned with whether the government’s actions violate basic rights and liberties, regardless of whether the correct legal procedures were technically followed.
While procedural due process is easier to identify and analyze (since it revolves around following proper legal procedures), substantive due process can be more complex, often involving debates about whether the overall legal process or government action was fair and just.
An acquittal occurs when you go to trial and are found not guilty of the charges you face by a jury. In other cases, you can find yourself acquitted if a judge dismisses your case due to a lack of evidence, a violation of your rights, or errors in the legal process.
Here at The Law Office of Michael D. Barber, our team takes pride in not just defending you, but making sure you fully understand the process. We believe it’s important for you to know what’s happening at each stage of your case, so you can feel confident and in control. We’ll explain everything clearly—from how the legal system works to what your options are—so you can make informed decisions about your defense.
Whether you’re considering whether to go to trial or accept a plea deal, we’ll provide the information and guidance you need to make the best choice for your situation. You won’t have to face this alone; we’ll be with you every step of the way, helping you participate fully in your own defense and ensuring your rights are protected.
Still Have Questions? Ready To Get Started? For more information on Decoding Legal Jargon In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.