Orlando lawyer N. Fleetwood Tilden, founder of Tilden Law,
is frequently asked questions regarding criminal law and criminal defense. We
are happy to offer a free criminal case evaluation and answer your questions
directly when you contact our offices, but we have also included some frequently
asked questions below, for your convenience.
What should I do if I'm arrested
in Central Florida?
An arrest occurs once your freedom to leave has
been eliminated or you are placed into custody. If you're arrested and accused
of a crime, make sure you immediately request to speak with an attorney and respectfully
decline to answer any questions from police. You are not required to sign any
sworn statement and you should decline if you are asked to do so. Remember, anything
you say can be used against you in court.
What happens to personal property when
arrested?
After an arrest, law enforcement will inventory any property
both on your person as well as property in your vehicle if the charge involved
a criminal driving offense. All money and other property will be held in safekeeping
at the arresting agency pending your release from custody or conclusion of your
criminal case.
What if I am involved in an accident and being asked questions by police?
You
should answer only questions for purposes of the accident investigation. Once
the police have completed the accident report and read you your rights, respectfully
decline to answer any further questions without a lawyer present.
What happens after I am booked into jail?
After being booked into jail,
a bond amount is generally assigned for your release based on the bond schedule
corresponding with the criminal charge. You will typically be seen by a neutral
magistrate within 24 hours of being taken into custody.
You will have the option of either bonding by you or a friend/family member paying
the bond amount in cash (cash bond) or by contacting a bondsman (surety bond)
to arrange for release. A cash bond is paid in full and is refunded after the
case is concluded. A surety bond is posted by a bonding company with a 10% premium
paid to the bondsman as a fee.
What are the next court dates and what do they mean?
The first required
court appearance after release is the Arraignment. At the Arraignment, you will
be required to enter a “plea.” There are three (3) plea
choices: Guilty (an admission to the charge); No-Contest (neither an admission
nor denial but will lead to a criminal sentence; or Not Guilty (a denial of the
offense). By entering a plea of either Guilty or No Contest, the Judge will impose
a sentence which may include a permanent criminal conviction.
Tilden Law automatically enters a plea of Not Guilty on behalf
of all clients. We waive the appearance of our clients at the Arraignment court
date (client does not need to appear) and request all information relating to
prosecution from the State Attorney’s office. This allows us to both evaluate
the evidence against our clients and contact the prosecuting State Attorney to
begin the negotiation process.
What is the difference between a felony and a misdemeanor?
Florida statutes
classify a felony crime as one that is punishable by imprisonment of more than
one year. A misdemeanor is a crime that is punishable by imprisonment of one
year or less. A more detailed review of these offenses can be found on our Felony
and Misdemeanor page.
What is restitution in the criminal context?
Restitution
is a financial judgment that is payable by a defendant to a victim as a condition
of a probation sentence. Restitution may include compensation for property damage
or loss, medical and rehabilitation expenses, lost income or funeral expenses.
Part of the philosophy behind criminal restitution is to give the criminal offender
a direct part in making things whole with his or her victim.
Do I need a lawyer's
help if I am accused of a crime?
The function of a defense lawyer is to act
as a buffer between the person accused of a crime and the Judge and Prosecutor.
A skilled criminal defense attorney will obtain and review evidence, file pre-trial
motions to reduce damaging evidence and negotiate a resolution with the State
Attorney’s office. If avoiding a criminal
conviction on your record or petitioning for a reduction or dismissal of criminal
charges is important to you, contact Tilden
Law for a free case evaluation.
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