Tampa Bay Criminal Defense Lawyers
Amador & Tager have defended over two thousand clients, and you should be confident knowing that we have the trial experience, over two hundred trials, to properly defend you if your case must go to trial. We have dedicated ourselves to fighting FOR the accused, not against them as prosecutors do.
Can you tell me about how my case will progress?
The Criminal Justice System seems very daunting to a person not familiar with it. There are several things to know that will make the process less unfamiliar.
If the government files charges against you, or you are indicted, your case will be set for an arraignment. The arraignment is the time when a plea of guilty or not guilty is entered. We can handle the arraignment for you so you will not have to be present.
After a not guilty is entered, two things usually happen. First, if the attorney for the accused requests to participate in Discovery, the government will furnish to the attorney names of all witnesses intended to be used by the government, police reports, and any statements made by the Accused or witnesses. Secondly, the case will be set for a pretrial, disposition hearing, or a status conference. These are the hearings where the Court is informed of the progress of the case, and whether more time is need to complete discovery, plea, or prepare for trial.
The case must be concluded at some point, and this occurs in several ways, Nol Prosequi, Dismissal, Plea, or Trial.
A) Nol Prosequi: This occurs solely at the discretion of the government. This happens when the government decides to abandon prosecution after formal charges have been filed. This occurs for many reasons, for example, a motion to suppress evidence has been granted by the court and all evidence was suppressed or the prosecutor re-evaluates the merits of their case and determines prosecution is not warranted.
B) Dismissal: This occurs by the power of the Court. There are many reasons the Court may dismiss a case including, when the government waited too long to bring formal charges, the accused’s rights were violated, and when motions to dismiss are granted for any number of reasons.
C) Plea Bargain: This is the result of negotiations between the government and the defense lawyer. It occurs when both sides come to a resolution they can both accept. The prosecutor will seek what is acceptable to them, and the Accused, through their lawyer, will try to get what their client can accept. Even though a plea agreement is reached, the court has the discretion to refuse it, although this happens very rarely. Plea agreements can result in a plea of guilty as charged with the minimum punishment allowed by law. They can also result in a lesser charge, less probation, less prison or jail time, less restitution or any conditions that are lawful. There are times when the parties are not able to reach a plea agreement. This occurs for many reasons including prior record, facts of the case, victim input, type of charge, or just the unwillingness of either the government or the accused to negotiate or accept a settlement offer.
This results in trial.
D) Trial: This is the process by which the case is heard by a jury and then a verdict is decided by the jury as guilty or not guilty. The Government has the burden of proof and must prove the Accused’s guilt beyond a reasonable doubt. Not all evidence is admissible in a trial and it is important that the defense lawyer be skilled and experienced in knowing what objections to make and when to make them. Missing an objection for any reason besides tactical could be devastating to a defense. Pretrial motions are sometimes utilized to keep out evidence illegally obtained.
During the Trial, the Prosecution makes an opening statement and then the Defense gives an opening statement. The opening statement is like a road map for the jury, explaining what each side believes the evidence will show. Following the opening statement, the prosecution will call their first witness. After the they are finished questioning, the Defense is given an opportunity to cross examine. This is the most important part of the trial. It gives the Defense an opportunity to take apart the prosecution's case and to show the jury why the client should be found not guilty. It is not only important to know what questions to ask, it is more important to know what not to ask. Asking the wrong question or a question worded badly could be devastating to the defenses case or “open the door” to allow the prosecution to ask questions otherwise not allowed. After the first witness, the trial continues the same way until the prosecution rests.
Once the prosecution rests, the defense should make an oral motion called a Motion for Judgement of Acquittal (JOA). This motion is to ask that the Court Acquit the Accused because the Government failed to make a prima facie case. If the Court grants the motion, the Accused is acquitted. If the motion is denied then the Defense can call witnesses that would be cross examined by the prosecutor, including the Defendant, or they may rest. After the defense rests, another JOA argument is made.
Once the Defense rests, the Court will read some preliminary rules and the closing arguments will be given. If the defense does not call any witnesses, except the Accused, and did not introduce any evidence, then the defense gets to make the first and last closing argument. If the defense did introduce evidence or called witnesses other than the Accused, they get one closing argument sandwiched by the prosecution's two arguments. Closing arguments provide opportunity for both sides to argue the case to the jury and to argue any reasonable inferences that can flow from the facts.
After the closing arguments, the Court instructs the jury on the law and then sends them to a separate room to deliberate the verdict. The jury can find the Accused guilty, guilty of a lesser offense or not guilty.
If you have been accused of a crime or wanted for questioning, do not risk your freedom and reputation to just any criminal attorney. You deserve the best and The Law Offices of Amador & Tager, is here for you. No matter the hour, we will take your call. Contact us via phone at (727)723-1616 for our Clearwater officer, at (813)250-0556 for our Tampa office, or via email using the contact form in the left column for a free consultation.