The police often make promises that they cannot or have no intention of delivering on. There is nothing illegal about this. Don't rely on promises of leniency or the line that it is your civic duty to cooperate. If you are a suspect ... the police are not your friends. If they are asking you questions ... then you are a suspect. Tell them nothing. Ask for a lawyer and shut up. Do not pay attention to their threats. If you are going to be charged, It wilt be because of the evidence that they have. If they have evidence, they will charge you. If they don't, they will not. If you talk to them, the only evidence they ever get may be your own statement.
If you are arrested, you'll be "booked," What this means is that you will be processed into the local jail. You will be fingerprinted and photographed (don't be surprised if your friends can see your booking photo on the Internet). Then you will be put in a holding cell until you can be brought in front of a magistrate or judge. The judge or magistrate may or may not ask you if you are guilty. Their role at this stage is to set a bail bond.
You have the option of release on bond unless your alleged crime is such a violent one that no bond is to be set. Some murder charges and seriously violent crimes may have no bond at all. If your offense is relatively minor, you may be released on a personal recognizance bond. This is usually pretty rare. Normally, a bail bondsman will charge a fixed percentage of the bail amount as their fee for posting the bond. They are basically making you a loan to purchase your temporary release. If you fail to appear at court the bondman loses his money and will come looking for you or your family's assets to pay him back. Typically in Florida bondsman charge about ten percent of the bail as their fee. You will not get this money back when your case is over. Whether you bond out or not, you can expect to be brought before a judge again in the near future for something called an "arraignment." Typically, this is the time when you plea guilty or Innocent.
After an arrest, the police submit a report (the 'case') to the Office of the State Attorney. The case Is reviewed by an intake attorney who determines: 1) if a law, or laws, were indeed broken, 2) If there is
evidence to support (and successfully prosecute) the charge, and 3) if the arrest and collection of evidence were legal and proper. The intake attorney makes the first decision on whether or not to move forward with the prosecution, or dismiss It. At this point, the intake attorney is using the police report to make a yes/no decision on your case, and the evidence therein may be biased against you. It is Imperative to have 'your side of the story' heard by the Office of the State Attorney, and that is why It is so Important to involve a defense attorney early in the process. Your attorney can speak directly to the intake attorney and possibly influence what charges, If any, will be filed. Once charges are filed It Is hard to 'unring that bell.' Finally, while the police are knowledgeable about the law, they are not the experts. Only the State Attorney can charge a citizen with a crime. If you have been arrested, it does not automatically follow that you will be charged.
Whether you bond out or not, you can expect to be brought before a judge gain in the near future for something called an "arraignment". Typically this is the time when you plea guilty or innocent. After the arraignment your case will probably be set for at least one hearing date for you t decide whether or not to enter a plea bargain. In Florida, these are called "disposition hearings", "status hearings", or simply "pre-trial conferences." There may also be settings for motion hearings and other hearings.
Once you are charged you may be offered a plea negotiation by a prosecutor. You are not required to enter into any kind of plea bargain. In a criminal case you basically have two choices at any time. You can negotiate and enter a plea bargain or you can set your case for trial and let a Jury decide. No one can make the prosecutor offer a better deal than they offer. They cannot make you accept a plea recommendation that you do not want. If you refuse the offer and cannot reach an agreement, then trial is your only alternative. Trial in a criminal case is different than trial in a civil case. The prosecutor generally goes first in jury selection, opening statement, presenting witnesses and closing argument. You do not have to testify at trial. You have a Fifth Amendment right to not testify. Sometimes this is important. If the jury finds you not guilty then you go home a free person. If they find you guilty you will have to be sentenced. In Florida, you would likely have a separate hearing on punishment. Possible consequences of a conviction in Florida are incarceration in the Florida Department of Corrections, incarceration in the county jail facility, probation, fines and many other possibilities.
