Tallahassee Law Firms: The Steps in a Typical Criminal Investigation

A criminal investigation in Tallahassee can be a complex process with many moving parts. As a suspect or defendant, it is crucial to understand the key steps so you can advocate for yourself effectively. This article outlines the typical stages of a criminal investigation and prosecution in Tallahassee from start to finish.

The Initial Complaint

The first step is usually a complaint alleging criminal activity. This may come from a victim reporting a crime, an eyewitness account, surveillance footage, or an anonymous tip. Law enforcement will review the initial complaint and determine if it merits opening an official investigation.

If the authorities decline to investigate further, that may be the end of it. However, if they believe criminal activity may have occurred, they will launch a formal inquiry. It is important to note that an investigation does not necessarily mean charges will ultimately be filed. It simply means the authorities want to gather more facts.

The Investigation Phase

Once law enforcement has an official open investigation, they start gathering evidence. Typical investigative steps may include:

• Interviewing the initial complainant and any other known witnesses
• Visiting the crime scene to catalog physical evidence
• Obtaining and reviewing surveillance camera footage
• Analyzing phone and computer records
• Executing search warrants to gather additional evidence
• Following leads and interviewing new witnesses as they emerge
• Submitting evidence for laboratory testing and analysis

This phase aims to recreate the timeline of events and gather facts to determine if a crime was committed. Investigators will also try to identify a suspect if one is not already known. The better the attorney understands the evidence, the better the defense.

Making an Arrest

If the investigation yields significant evidence implicating a suspect, the next step is likely an arrest. To make an arrest, police only need probable cause. This is a relatively low evidentiary bar meaning investigators believe a crime was committed and the suspect committed it, but they don’t yet have proof beyond a reasonable doubt.

Defense lawyers will later scrutinize if probable cause was met, and if any evidence should be suppressed because it was obtained improperly.

The Arraignment

Within 24-48 hours after arrest, the defendant appears before a judge for an arraignment. At this first appearance, the judge:

• Ensures the defendant has legal counsel
• Reviews the charges
• Sets initial bail terms
• Addresses any immediate requests from the defense, such as lowering bail

There is no plea entered at the arraignment, and no argument over guilt or innocence. Those come later in the process. The sole purpose is to officially notify the defendant of the charges and get the ball rolling.

The Pre-Trial Phase

After arraignment, the case enters an extensive pre-trial phase covering these key steps:

The Discovery Process

This is when the defense gains access to all the prosecution’s evidence and investigatory materials through the discovery process. Comprehensive discovery is essential for building an effective defense. Experienced criminal lawyers know how to leverage discovery to identify weaknesses in the prosecution’s case.

Pretrial Motions

The defense will likely file motions challenging issues like probable cause, the admissibility of evidence, and the conduct of the investigation. Examples include motions to suppress evidence or dismiss charges. Strong pretrial motions can profoundly impact the trajectory of a case.

Plea Negotiations

Many cases end in a plea bargain rather than trial. Negotiations involve “give and take” between the prosecution and defense to reach an acceptable plea deal. Skilled criminal lawyers negotiate firmly to get the best outcome.

Trial Preparation

If a plea deal can’t be reached, both sides ramp up trial preparation. This involves tasks like interviewing witnesses, creating exhibits, analyzing the evidence, selecting a jury, and developing a trial strategy. Thorough preparation is the key to trial success.

The Trial

If efforts to dismiss the charges or negotiate a plea deal fail, the case proceeds to a trial by jury. Key phases of a criminal trial include:

• Jury selection – The defense and prosecution each select jurors they believe will view their side favorably. Peremptory challenges allow rejecting jurors without stating a reason.
• Opening statements – Each side outlines the case and their key evidence to the jury. The defense may choose to reserve their opening statement until starting their own case.
• The prosecution’s case – Prosecutors call witnesses and present evidence trying to prove guilt beyond a reasonable doubt. Police officers often testify first to establish what happened.
• The defense’s case – The defense calls their own witnesses to raise doubts about the prosecution’s version of events. The defendant has the right to testify, but also the right to remain silent.
• Closing arguments – Each side sums up their view of the case and tries to persuade the jury. The prosecution argues the evidence proves guilt. The defense argues reasonable doubt remains.
• Jury deliberations – The jury meets in private to analyze the evidence and arguments. All 12 jurors must agree on a verdict. If they can’t, a hung jury results in a mistrial.
• The verdict – The jury acquits or convicts on each charge. A conviction may be followed by sentencing or further hearings.

Post-Trial Motions

After a guilty verdict, the defense may file post-trial motions challenging issues like jury selection, evidentiary rulings, jury instructions, and sufficiency of the evidence. The judge can overturn a conviction based on harmful legal errors at trial.

Sentencing

If post-trial motions fail, the court moves to sentencing. Factors influencing the sentence include:

• The facts of the case
• Defendant’s criminal history
• Statutory minimum and maximum sentences
• Any mandatory minimums
• Sentencing guidelines
• Victim impact statements
• Defendant’s personal circumstances
• Sentencing memorandums from the defense

Judges have discretion to impose sentences within the statutory range. Parole was abolished in Florida, so the pronounced sentence is the actual time that will be served.

Appeals

After sentencing, the defense can appeal to a higher court. Appeals focus on legal and procedural errors rather than arguing over guilt or innocence. The appellate court can uphold or overturn the conviction. Overturned convictions generally result in a new trial.

This outlines the major steps in a typical criminal investigation and prosecution in Tallahassee. The justice system has many complex nuances, and the best weapon for the accused is an experienced local criminal defense attorney. Tallahassee law firms stand ready to protect your rights at every phase, from investigation to trial, sentencing, and appeal. Don’t hesitate to engage skilled legal counsel if you find yourself under scrutiny.