Defending Yourself in Palm Beach County’s Criminal Justice System

The criminal justice system can be scary and confusing. But having an experienced criminal defense attorney on your side makes a huge difference. This article breaks down the basics of criminal cases in Palm Beach County, Florida, so you understand your rights and options if you face charges.

The Charging Decision

The first big decision happens when prosecutors decide to file charges or not. There’s a few things that go into this:

• The facts of the case – what evidence shows you did something illegal
• Your criminal history – have you been convicted before
• The views of the victim – do they want you prosecuted

Prosecutors have a lot of discretion. Just because you get arrested doesn’t mean you’ll be charged. And even if charged, they may later drop the charges. A good defense attorney can present facts and arguments to the prosecutor to convince them not to file charges in the first place.

Understanding the Charges

Crimes are either misdemeanors or felonies. Misdemeanors are less serious, with maximum jail terms of 1 year. Felonies are more serious, with possible state prison terms. Exact definitions of crimes and penalties are in Florida statutes.

Some common Palm Beach County charges:

• DUI – 1st offense misdemeanor, fines and license suspension
• Petit theft – 2nd degree misdemeanor, up to 60 days jail
• Possession of cocaine – 3rd degree felony, up to 5 years prison
• Aggravated battery – 2nd degree felony, up to 15 years prison

There’s also enhancements that can increase penalties, like if a gun was involved. And your record matters – repeat offenses bring much higher sentences.

The Criminal Court Process

After charges are filed, your case moves to criminal court. Key steps include:

First Appearance

This hearing happens within 24 hours of arrest. The judge informs you of the charges, sets bond, and appoints a lawyer if you can’t afford one. Don’t try to defend yourself here – the risks are too high.

Arraignment

You formally enter a “not guilty” plea. Often this just involves paperwork without going to court. The judge also addresses bond and appoints counsel if needed.

Pretrial Conferences

Informal meetings between the lawyers and judge to discuss case issues, like scheduling and possible plea bargains.

Motions & Hearings

Your attorney can file motions arguing to dismiss charges or suppress evidence. Evidentiary hearings allow arguments and testimony about disputed facts.

Plea Bargaining

Many cases involve plea bargain negotiations between the defense and prosecution. Deals may involve pleading to lesser charges or a sentencing recommendation.

Trial

If no plea bargain, the case proceeds to a bench or jury trial. The prosecution must prove guilt “beyond a reasonable doubt.” Your attorney challenges their case through cross-examination and presenting defenses.

Working with a Criminal Defense Lawyer

Having an experienced attorney is critical for navigating Palm Beach County’s criminal justice system. Key things they provide:

Investigation – Finding witnesses, evidence and facts to support defenses

Legal Advice – Explaining the law and potential outcomes to help decide your best options

Negotiation – Working with prosecutors towards a favorable plea bargain or reduction of charges

Trial Skills – Cross-examining witnesses and presenting persuasive defenses if you go to trial

Guidance – Answering your questions and concerns every step of your case

The stakes are high so it’s important to have an attorney you connect with and who will truly fight for you.

Common Defenses in Palm Beach County

There’s a variety of defenses that an experienced lawyer may use to get charges reduced or dismissed. Some top defenses in Palm Beach County criminal cases:

Invalid Traffic Stop

In DUI and drug possession cases, evidence can get thrown out if there was no legal basis for the traffic stop. This violates your 4th Amendment rights.

Unlawful Search

Similarly, if evidence was discovered through an illegal vehicle or home search that violates your 4th Amendment rights, it may get excluded.

Misidentification

Eyewitness misidentification is a leading cause of wrongful convictions.[1] An attorney can challenge questionable ID procedures and reliability of witnesses.

Self-Defense

In assault or battery cases, self-defense applies if you acted reasonably to protect yourself from harm. Stand Your Ground laws also allow defense without retreating first.

Entrapment

If police improperly induced you to commit a crime you otherwise wouldn’t, this is entrapment. This applies mainly to undercover drug stings.

Mental State Defenses

Lack of intent or awareness of actions due to mental illness may provide defenses to certain charges. Two common examples are insanity and involuntary intoxication.

Finding the Right Criminal Defense Attorney

If you face criminal charges in Palm Beach County, having an experienced attorney fighting for you is critical. When choosing who to hire, key factors include:

• Track Record – How much experience do they have with your types of charges? What’s their reputation and case results ?
• Resources – Do they have the staff and finances to thoroughly investigate and build a defense?
• Communication – Do you feel comfortable talking honestly with them? Will they take your calls and keep you updated?
• Fees – What’s the total cost and what options do they offer if you can’t afford private counsel?

Take time to research options, ask questions, and choose someone you trust. The stakes are high so this decision matters tremendously.

What Happens if You’re Convicted?

The penalties if convicted depend on the charges and your criminal history. But possible consequences include:

• Jail or prison time
• Fines and court costs
• Probation or community control
• License suspension
• Mandatory counseling or classes
• Permanent criminal record

Your defense attorney advocates at sentencing for the minimums allowed by law. They can also talk with prosecutors about alternatives to incarceration if appropriate.