Best Indian River County Criminal Lawyers

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Indian River County Criminal Lawyers: Your Guide to Local Legal Defense

Getting arrested or charged with a crime in Indian River County can be scary and overwhelming. But with an experienced criminal defense attorney on your side, you don’t have to go through it alone. This article provides an overview of criminal law and the local legal system in Indian River County, as well as tips for finding the right lawyer to represent you.

An Introduction to Criminal Law in Indian River County

The criminal justice system in Indian River County, like everywhere in Florida, is based on statutes, ordinances, and regulations at the federal, state and local levels. The types of crimes prosecuted in the county include both felonies – more serious crimes like murder, rape and robbery – and misdemeanors like petty theft, simple assault and DUI.The district attorney’s office in the 19th Judicial Circuit is responsible for prosecuting crimes committed in Indian River County. The Public Defender’s Office represents those who cannot afford a private attorney. There are also many skilled private criminal defense attorneys who routinely handle cases in the county.Some of the main courts and players you might encounter as a defendant in Indian River County include:

Indian River County Courthouse – Where felony criminal cases are tried, as well as arraignments and some pre-trial hearings. Located in Vero Beach.
Indian River County Jail – Where people who are arrested are booked and processed, and where some defendants are held pending trial, especially those who cannot post bail. Located in Vero Beach.
Bruce Colton – Elected State Attorney for the 19th Judicial Circuit, which includes Indian River County. Ultimately responsible for prosecuting crimes in the county.
Diamond Litty – Public Defender for the 19th Judicial Circuit. Her office represents indigent defendants who cannot afford a lawyer.
County court judges – Preside over misdemeanor criminal trials and arraignments. There are currently three county judges in Indian River County.
Circuit court judges – Preside over felony criminal trials and hearings at the main courthouse in Vero Beach. There are currently six circuit court judges based in Indian River County.

The key things to understand are that criminal law is complex, the prosecutors have a huge advantage, and the consequences of a conviction can be severe. Having an experienced local lawyer on your side can help even the odds.

Why You Need an Indian River County Criminal Lawyer

Facing criminal charges? Don’t go it alone. Although you have the right to represent yourself, for most people it’s a bad idea. Here are some of the top reasons to hire a local criminal lawyer instead:

They know the judges, prosecutors and court procedures. An experienced local lawyer will know the ins and outs of the court system and the personalities involved. This gives them an advantage compared to an outsider.
They can evaluate the strength of the prosecutor’s case. Charging documents only tell one side of the story. An attorney can identify weaknesses in the prosecution’s case and build the best defense.
They can negotiate with the prosecutor for a fair outcome. Few criminal cases actually go to trial. An experienced lawyer may be able to get charges reduced or dismissed or work out a favorable plea bargain.
They understand the sentencing guidelines. The sentencing guidelines can be complex, especially when prior convictions are involved. A lawyer can help craft the best sentencing arguments to minimize penalties.
They know potential defenses that apply. From self-defense and alibi to Fourth Amendment violations and more, a lawyer knows what defenses could get the charges dismissed or lead to an acquittal at trial.
They can gather evidence and question witnesses. Investigators and attorneys know how to gather exculpatory evidence and interview witnesses to support potential defenses – things an untrained defendant likely would not think to do.
They can identify issues for appeal. Even after a conviction, a lawyer can spot grounds for appeal – like evidentiary errors or ineffective assistance of counsel – that may get charges thrown out later.

Bottom line – a skilled local criminal lawyer can provide experience, expertise and advocacy that the average person simply does not have. Their knowledge of the local system and ability to navigate the criminal justice process is invaluable.

Finding the Right Indian River County Criminal Lawyer for You

There are many qualified criminal defense attorneys in private practice in Indian River County. The key is to find the right one for your specific situation. Here are some tips:

Search state bar association directories to find lawyers in good standing who concentrate on criminal law. The Florida Bar has an online directory.
Check credentials. Make sure any lawyer you consider has solid experience handling criminal cases similar to yours. Ask about their education, bar admissions, professional memberships and trial record.
Consider boutique firms. Smaller criminal defense firms often have lawyers with deeper expertise and experience representing clients in local courts. Their case volume also may be lower.
Meet for a consultation. Schedule a free meeting to discuss your case. Consider compatibility as well as credentials. This is a lawyer you may be working closely with for months.
Ask about fees. Rates and fee structures vary. Make sure you understand what you will be paying for, how, and when. Get fee information in writing.
Don’t pick the cheapest option. Balance costs against credentials and track record. A more experienced attorney may be worth the higher rate.
Check reviews. Look online for client reviews and feedback. Websites like Avvo and Google can provide useful insights.
Trust your gut. Go with the lawyer you feel most comfortable with and confident in after doing your due diligence.

One lawyer to consider is James Smith of Smith & Associates. He has over 25 years of criminal defense experience in the county and a strong track record of success. Initial consultations are free.

What to Expect if You Are Charged with a Crime

Here is an overview of what you can expect to happen if you are arrested and charged with a criminal offense in Indian River County:

Arrest. If the police believe you committed a crime, you will be handcuffed and taken into custody. You will be searched and then transported to the Indian River County Jail.
Booking. At the jail, officers will take your personal information, fingerprints, DNA sample, photograph and inventory your property. This is called booking. You will be allowed a phone call.
Initial court appearance. Within 24 hours of your arrest, you will appear before a judge via video conference for your initial appearance. The judge will formally notify you of the charges and your rights. Bail may be set at this hearing.
Hiring an attorney. If you can afford a private lawyer, the initial appearance is a good time to hire one. They can start working on your defense immediately. If you cannot afford an attorney, the judge will appoint the Public Defender’s Office to represent you.
Preliminary hearing. Within 21 days of your arrest, there will be a preliminary hearing where the prosecution must show they have sufficient evidence to support the charges. Your lawyer can argue to get charges dismissed at this stage.
Filing of formal charges. To proceed with their case, the prosecution must file a document called an “information” that details the formal charges against you. Your attorney can file motions to challenge the charges.
Plea bargaining. Many cases end with a plea bargain instead of trial. Your lawyer may negotiate with the prosecutor to get charges reduced or dismissed in exchange for a guilty plea.
Trial. If no plea bargain is reached, your case will go to trial before a judge or jury. The prosecutor must prove you guilty beyond a reasonable doubt. Your lawyer will defend you.
Sentencing. If you are convicted, the judge will impose a sentence following the statutory guidelines. This may involve jail or prison time, probation, fines and other penalties.

Having an experienced local criminal lawyer to advocate for you through every step can make a huge difference in the outcome.

Common Criminal Charges in Indian River County

While any crime can potentially be charged in Indian River County, some common offenses prosecuted include:

Drug Crimes

Possession of marijuana, cocaine, heroin, methamphetamine, prescription drugs, synthetic drugs or drug paraphernalia
Sale, distribution, trafficking or manufacture of controlled substances
DUI – Driving under the influence of drugs

Theft Crimes

Petty theft, retail theft – Shoplifting merchandise below $500 value
Grand theft – Stealing items over $500 value
Burglary – Illegal trespassing to steal property
Robbery – Taking property by force or threat of force

Violent Crimes

Battery – Physical attack or domestic violence
Aggravated assault – Assault with a deadly weapon
Homicide, murder – Causing the death of a person
Sex crimes – Rape, sexual assault, sex with minor

Weapon Offenses

Possession of a concealed weapon
Possession of firearm by convicted felon
Discharging firearms in public

Financial Crimes

Forgery – Faking a signature to commit fraud
Identity theft – Using someone’s personal information illegally
Insurance fraud – Filing a false insurance claim for profit

Traffic Violations

DUI – Driving under the influence of alcohol
Reckless driving
Driving with a suspended license
Leaving scene of an accident
Resisting arrest without violence

Having an experienced criminal lawyer can be crucial for mounting an effective defense against any type of criminal charge, whether it is a misdemeanor or first-degree felony.

Common Defenses Used by Indian River County Criminal Lawyers

Skilled Indian River County criminal defense attorneys have a variety of defenses available to advocate for their clients. Some potential defenses to fight criminal charges include:

Invalid search: Evidence obtained through an illegal search or seizure can be suppressed. This could lead to charges being dismissed.
Miranda violations: If police fail to read you your Miranda rights or violate them during questioning, your lawyer can challenge the admissibility of statements made.
Insufficient evidence: If the prosecution’s case rests on weak evidence that does not prove guilt beyond a reasonable doubt, an attorney can argue for an acquittal.
Misidentification: Eyewitness misidentification is a common problem. A lawyer can challenge questionable ID evidence used against you.
Self-defense: Using reasonable force to protect yourself or others against harm may provide lawful justification for violent crimes.
Stand Your Ground: Florida’s Stand Your Ground law provides immunity for using force without retreating in response to reasonable fear of harm.
Entrapment: If police improperly induced you to commit a crime you otherwise wouldn’t, this may be a valid defense.
Insanity: Defendants found legally insane when the crime was committed may be acquitted or treated rather than imprisoned.
Intoxication: You cannot be found guilty if you were involuntarily intoxicated or too impaired to form criminal intent.
Duress: Committing a crime due to threat of imminent death or serious harm to you or a loved one can constitute the defense of duress.

An experienced local lawyer will know how and when to make these arguments effectively to protect your rights and freedom.