Are you stressed out about a potential Indictment in Florida? Finding out if you were indicted in Florida requires a legal process. It’s not a tedious job these days due to the digital advancement of criminal records.
You can access the state’s official website to find out about the case and receive a copy. It’s a hassle-free way to assess your situation and take the necessary measures.
This article further touches on the expectations and rights of the indicted person. So, if you’re having a presumption of being indicted, care to read this helpful piece.
When going up against the attorney general office, you need to be clear on the criminal charges against you. Florida statutes can be complicated, and it really helps to have a criminal defense law firm backing you.
Do you know anything about the criminal procedure? What about dealing with a federal grand jury? Do you understand the term reasonable doubt? These are things you will need to know.
An indictment in law meaning
An indictment is a legal procedure to bring charges against someone. It’s simply the arrangement of sending a notice to the suspect who’s supposedly committed a felony.
After an indictment, the person may face the following consequences:
- Life sentence: A life sentence in Florida is really strict. There’s no getting out once the jury gives the verdict of a life sentence. There is no chance for early release due to good behaviour or service.
- Capital punishment (death): Capital punishment is the death penalty in Florida for an extreme crime. It’s the convict’s execution either by electric chair or lethal injection.
An indictment doesn’t necessarily declare the accused a criminal. Instead, it’s the proceeding having enough evidence and records against a person to send him to trial.
A grand jury files the indictment upon being assured of the person’s involvement in a specific crime.
How to Find out Your Indictment Record in Florida
If you want to find out your indictment record in Florida, there’s only one place to go— the Florida Department of Law Enforcement (FDLE). This database is only electronically accessible to retrieve any criminal record.
The site that comprises such confidential information is the Criminal History Record Check Website.
Providing the following information to the portal will give you the most relevant records:
- Your full legal name
- Date of birth or the approximate age
- Gender
- Racial ethnicity
You’ll be asked to pay a $25 fee to get the records. The record is either retrievable by printout or through an email attachment.
If you require a certified criminal record, you can get it by accessing the SHIELD portal and paying the same amount of fee. However, it may take more than a month before receiving the certified record.
Being Charged Vs. Being Indicted
It’s easy to confuse an indictment and a charge. A prosecutor files the charge against a defendant, whereas the grand jury calls the defendant under an indictment.
A prosecutor receives information from the complainant, a police officer on the accused. The prosecutor sends the evidence to the grand jury for review and decision.
The prosecutor reviews the information to determine whether to file charges or not. The grand jury reviews the evidence and its validity and decides upon issuing an indictment. The prosecutor might require a hearing from the judge to verify and impose the charges on the accused. The indictment by the jury doesn’t require a preliminary hearing from the court.
Contact us if you want to speak to a defense attorney in Miami, Orlando, or Tampa. You don’t want to go to the United States district court by yourself. The prosecuting attorney won’t go easy on you.
Does an Indictment Indicate that You’re Convicted?
A person may be indicted for many reasons, but it’s not a verdict on his accusations. Punishing the indicted must go through a thorough review of the evidence.
The State of Florida has to convince the grand jury about their allegations and corresponding evidence. Holding a person guilty without solid evidence is likely to dismiss the case.
There’s a chance of being jailed upon receiving the indictment, which is decided during early trials. Both prosecution and defendant parties will argue whether to punish or release the defendant.
The judge may consider the risks of releasing the defendant. The court doesn’t release seemingly more dangerous defendants before trial. Their bonds are made higher, so the defendants can’t bail out.
5 Things to Expect after an Indictment?
Expect the following scenarios after being indicted:
- You are supposed to be on trial.
- You’ll face several pre-trial hearings.
- The pre-trial hearings may take several months and years before the judge calls you for the actual indictment trial.
- There’s a scope of pleading guilty or no contest.
- If you’re convicted, you can rightfully plead the conviction.
Make sure you consult your attorney thoroughly about every possible plea against the convictions. An open discussion will clarify the potential dangers and opportunities for you.
What Felony Cases Can You Be Indicted For in Florida?
The issuing of indictment may cover several felonies. Indictment punishes serious crimes depending on the crime’s nature and the convict’s criminal background.
The felonies you can be indicted on are
- First-degree felonies for physically or mentally abusing a law enforcement agent.
- A second-degree felony for selling or handing out marijuana to minors
- The third-degree felony for stealing an automobile and trespassing
- The capital felony for conducting the first-degree murder
Know Your 5 Indictments in Florida Rights
You are entitled to several rights as you’re indicted and convicted by the jury. It’s essential to know your rights to make the right decisions.
You should be aware of the notion of fair treatment to the accused or convicted regardless of race, colour, religion, ethnicity, etc.
Check your rights below as you’re being arrested or apprehended by law enforcement. You have the right…
- against unreasonable searches.
- right to an attorney, an impartial jury, and a speedy trial and verdict.
- to neither an excessive bail nor an impractical amount of bond.
- against excessive physical force or inhumane punishment.
- You have the right not to be stripped of your properties.
You must keep in mind that your rights don’t strip you of your duties. Don’t overestimate your rights while doing silly acts, such as lying in court, threatening the plaintiff, bringing misleading or false evidence, etc.
Don’t go it yourself, and get help from a defendant’s attorney. They can explain terms like:
- What are grand jurors?
- How does probable cause work?
- What are misdemeanors?
- What does a state attorney do?
- How are different criminal offenses prosecuted?
- Tell you the story about the Florida man who was arrested for throwing an alligator into a Wendy’s
An indictment in Florida End Note
Dealing with law enforcement agencies and a grand jury indictment will likely be the most stressful thing you ever have to deal with.
The maximum penalty will vary depending on the criminal charge. Is it a DUI, first-degree murder, or misdemeanour? The true bill that you will have to pay to a law firm will also depend on how serious the requested court order from the U.S. attorney is.
This article briefly but precisely tells you how to find out your indictment status in Florida. You can realize how important it is to know the difference between various legal allegations, charges, indictments, and convictions.
It’s also essential to learn about the expected scenario if you’re indicted. Besides, knowing your rights can help you make the right decisions to go through the legal stages.
Whether you’re guilty or not, it’s wise to respect the state law while defending yourself.
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