What Should You Do If You Are Charged With a Crime for the First Time?
Your first criminal charge can raise immediate questions: Should you talk to the police? What happens after an arrest? What can you do while the case is pending?
In Florida, some of the most important first steps are to be careful about discussing the allegations, follow every condition of your release, preserve potentially useful evidence, and speak with a criminal defense attorney. A charge is an accusation, not a conviction.
At Gutin & Wolverton, we defend people facing criminal charges in Cocoa and throughout Brevard County. We can examine the charge, explain what happens next, and identify issues that may affect your defense before you make decisions about the case.
Think Before You Discuss the Charge
You do not have to prove your innocence by immediately explaining yourself to police, witnesses, or other people involved in the case. What you say can become evidence, and an explanation that seems harmless may take on greater significance when compared with police reports, witness accounts, video, or other evidence.
During questioning while you are in police custody, you have constitutional rights, including the right to remain silent and the right to an attorney. Using those rights does not determine whether you are guilty or innocent. The same caution applies to conversations outside of law enforcement.
Posting about the incident online, discussing the allegations with witnesses, or exchanging messages about what happened can create additional evidence or complications. Instead, you can share relevant information with your lawyer so they can evaluate it in the context of your defense.
What Happens After a Florida Arrest?
An arrest can quickly lead to decisions about release and the next stages of the criminal case. If you remain in custody, Florida criminal procedure generally requires a first appearance before a judicial officer within 24 hours of arrest.
At that hearing, the judge addresses matters that can include the charge, representation by counsel, and pretrial release. Pretrial release depends on the charge and circumstances of the case.
Under Florida's bail law, courts consider factors including the nature of the alleged offense, the weight of the evidence, community ties, prior conduct, previous failures to appear, and the potential danger posed by release. Understanding what the court has ordered is important before you leave custody or take any action that could affect your release.
Follow Every Condition of Your Release
Once you are released, complying with the court's conditions becomes an immediate responsibility. Depending on the case, the court may impose conditions involving contact with other people, travel, reporting requirements, or other conduct.
Florida law requires defendants on pretrial release to refrain from criminal activity and comply with court-imposed conditions. A court-issued no-contact order remains enforceable unless the court modifies it.
A court may also revoke pretrial release and order detention when it finds probable cause to believe that a defendant committed a new crime while on release or materially violated another release condition.
Do not assume that another person's willingness to communicate with you cancels a no-contact order. When you are uncertain about what a condition permits, clarify it before acting rather than risk an alleged violation.
Preserve Evidence That Could Matter
Information that seems ordinary now may matter when investigators review the allegations. Depending on the case, that could include text messages, emails, photographs, receipts, location information, names of potential witnesses, or other records connected to what happened.
Do not delete, alter, or manufacture evidence. Keep potentially relevant material in its existing form and tell your attorney what is available. Businesses, property owners, government agencies, or other third parties may also hold evidence that must be identified before it becomes unavailable.
We can examine the prosecution's evidence through the criminal discovery process and determine what additional evidence may be important. Our criminal defense attorneys prepare cases with trial in mind and discuss the facts, possible defenses, and weaknesses in the prosecution's case with you.
Does Having No Criminal Record Matter?
A clean record can matter, but it does not guarantee that a first charge will be dismissed, reduced, or result in a particular sentence. Whether having no prior convictions matters depends on the offense, the evidence, applicable Florida law, and the circumstances of the case.
For felonies governed by Florida's Criminal Punishment Code, prior record is one part of the sentencing calculation. The state's sentencing scoresheet law also accounts for factors such as the primary offense, additional offenses, and qualifying victim injury.
Being charged for the first time therefore should not lead you to assume either that the case will be treated lightly or that a serious outcome is inevitable. The charge and evidence need to be evaluated before you can understand what your lack of a criminal record may mean in your case.
Do Not Miss Court Dates
Missing a required court appearance can create a new problem while the original criminal charge is still pending. Keep track of every scheduled hearing and follow instructions from the court or your attorney.
A previous failure to appear is one factor Florida courts may consider when determining bail and conditions of release. Depending on the circumstances, failing to appear can also affect what happens next in the case.
If something may prevent you from attending a scheduled proceeding, contact your attorney promptly rather than assuming the absence will be excused. Knowing when you must appear and what is expected of you can help you avoid preventable complications.
Discuss Your First Criminal Charge with Gutin & Wolverton
The specific charge and facts determine what the accusation means, what evidence may matter, what you can do while the case is pending, and what choices may come next. The fact that you have never been charged before is only one part of that picture.
At Gutin & Wolverton, we investigate the facts, explain Florida law and your rights, discuss possible defenses and weaknesses in the prosecution's case, and prepare criminal cases with trial in mind. If you are in jail, we can meet with you there.
Located in Cocoa, Florida, we represent people facing criminal charges in Brevard County, including Titusville, Melbourne, and Palm Bay. Our Brevard County criminal defense lawyers can review the allegations and evidence with you and explain your options. Contact us to discuss the charge and what you should do next.