A plea deal or plea bargain is a valuable legal tool to help criminal defendants and prosecutors accelerate the criminal justice process.

These agreements allow parties to avoid the hassle and unpredictability of jury or bench trials and conclude legal proceedings swiftly. Keep reading to learn more about what happens when you accept a plea deal.

Plea deal explanation 

Plea deals allow criminal defendants to negotiate the parameters of the criminal conviction with prosecutors to obtain favorable outcomes without going to trial.

Essentially, a plea deal is a contract. In exchange for reduced charges or a reduced sentence, the criminal defendant agrees to plead guilty to the charges brought forth by the prosecution.

No two plea deals are the same, and the facts of the underlying criminal case can impact the severity of the charges, the length of the sentence, and the overall tone of the prosecution during negotiations.

Initiating a plea agreement

Prosecutors have 100% discretion over whether to offer a criminal defendant a plea agreement.

Plea agreements may be considered as a way to reduce the prosecutor’s caseload, prevent first-time offenders from engaging in further criminal acts, or as a policy matter to advance criminal justice reform. 

During the earliest stages of the criminal proceeding, the assigned prosecutor handling the case can offer the criminal defendant a chance to avoid full prosecution (if the defendant is likely to or already has pleaded not guilty) by agreeing to a plea or changing an existing plea to guilty.

If the defendant agrees, the prosecution can offer reduced charges and punishment for the guilty plea. 

The negotiation process

Under Rule 3.171 of Florida’s Rules of Criminal Procedure, the prosecutor can approach a criminal defendant’s legal counsel (or the defendant if they are representing themselves) with a potential plea agreement.

The defense counsel or the defendant can negotiate the parameters of the plea agreement, which often includes a discussion of the relevant facts and applicable law surrounding the case.

An experienced Florida criminal defense attorney will understand the severity of the looming conviction and the current status of evidence to determine the viability of a full prosecution and leverage the risk of acquittal or mistrial for reduced charges or sentences. 

Both the prosecutor and your attorney can use information and input from relevant people  in the case, like investigators, witnesses, and victims.

Before a plea agreement can be finalized by both parties, the trial court judge overseeing the case must approve the agreement. Only in rare circumstances will a judge deny a plea agreement. 

Considerations for plea deals

Criminal defendants considering a plea deal should understand the benefits and consequences of accepting a plea offer–of which there are many. 

Many attorneys recommend plea agreements which result in criminal conviction to the underlying originally charged crime causing defendants to endure the consequences of a criminal conviction on their record, whether it is a misdemeanor, felony, or both.

However, through plea agreements a good attorney can help reduce harsher charges and sentencing, which results in downgraded charges, shorter sentences, lower fines, and better probation terms.

In many instances, a defendant may be placed on probation without facing incarceration through a plea deal. 

Lastly, some offenses (primarily drug offenses) include mandatory minimums. Thus, only if a defendant is offered reduced charges through their attorney’s negotiations with the prosecutor of their case, can their sentence be reduced.

An experienced Florida criminal defense attorney can provide proper guidance on negotiations and sentencing issues. 

Contact us for assistance 

If you or a loved one has been arrested in Florida, it is vital to seek legal representation as quickly as possible.

The skilled criminal defense lawyers in Orlando with Katz & Phillips, P.A. have negotiated numerous plea deals resulting in lesser sentences and no jail time. Contact us today for a consultation.

Bench warrants provide the judicial system with a unique tool to ensure those charged with a crime appear in court when required.

If you were charged with a crime, you need to take a bench warrant very seriously. Those with outstanding bench warrants or those seeking to prevent the issuance of a bench warrant should understand their options.

What is a bench warrant? 

A bench warrant is issued by the judge overseeing a criminal case, typically a misdemeanor charge like a DUI or traffic violation.

However, bench warrants can also be issued in more serious felony cases.

Bench warrants are issued only after the defendant has failed to appear in court. This typically occurs when a criminal defendant is currently out on bond or is on probation and neglects to appear in court on a scheduled court date. 

Typically judges also issue a bond amount on bench warrants. 

Once a bench warrant is issued, law enforcement within Florida and elsewhere will be notified of the bench warrant upon the defendant’s identification. Addressing bench warrants as quickly as possible is best to prevent issues with a criminal case. 

How does a bench warrant differ from an arrest warrant or an alias capias warrant? 

As mentioned above, bench warrants are used in many misdemeanor cases where a defendant has failed to appear in court.

In addition, bench warrants provide notice to law enforcement agencies to detain a person after identification and investigation. 

However, other types of warrants include arrest warrants and alias capias warrants.

Arrest warrants

An arrest warrant is a document issued by a judge authorizing law enforcement to detain a criminal suspect, search their person and property, and seize property under the suspicion of criminal misconduct.

Arrest warrants are really not that common. Most arrests are made based upon probable cause at the scene of a crime.

Alias capias warrants

Similar to a bench warrant, a judge overseeing an ongoing criminal case can issue this type of warrant once the defendant fails to appear in court.

These differ from bench warrants because alias capias warrants are issued in felony cases and signal to law enforcement that the warrant be actively pursued. 

Further, a person arrested on an alias capias warrant cannot be released on bond.

Addressing bench warrants

Bench warrants can result in many consequences for a criminal defendant, including revocation of probation, forfeiture of bond money, additional court costs and fees, and additional criminal charges.

Therefore, when addressing a bench warrant, it is best to engage the services of an experienced Florida bench warrant attorney. 

When addressing a bench warrant, a defendant has multiple options to resolve the warrant before it negatively affects the person’s criminal case, which include: 

• Motioning to the court to withdraw the warrant because it was issued improperly. 
• Filing a Motion to Withdraw or Quash the warrant stating that the failure to appear was unintentional or unavoidable given the defendant’s circumstances. 
• Surrendering to the court or law enforcement. 
• Negotiating the parameters of surrendering to the court or law enforcement with the assistance of legal counsel. 

Consequences of a bench warrant

If a criminal defendant believes a bench warrant has been issued for their arrest, they should immediately contact their attorney. Being arrested on a bench warrant without attempting to resolve the warrant can dramatically harm one’s criminal case and can result in incarceration.

Lastly, bench warrants can appear on a person’s criminal record, which could impact that person’s credit score, job opportunities, social service benefits, housing, custody, and overall social standing in one’s community.

Contact us today

If you or a loved one has recently been charged with a crime and failed to appear in court, there is a good chance that the judge overseeing the case has issued a bench warrant.

Without proper representation, bench warrants can create havoc in a person’s life and often result from circumstances that can be rationally explained to the judge.

The Orlando criminal defense attorneys with Katz & Phillips, P.A. have experience addressing numerous bench warrants on behalf of clients. Contact us today for a consultation.

An appeal is a process that allows someone to challenge the decision of a lower court.

In order for an appeal to be successful, there must be errors in the lower court’s ruling that can be identified and corrected, and they must have been significant enough to potentially change the result of the case.

Every defendant enters the appeals process with the hope that their conviction will be overturned.

Unfortunately, this isn’t always the outcome. Lost appeals are a reality of the law.

If this happens to you, it’s important to understand what happens next. Continue reading for more information, then contact Katz & Phillips, P.A. to speak with an attorney about your options.

Potential reasons for a lost appeal

When someone loses an appeal, it means that the judge or judges of the higher court agrees with the original judgment by the lower court.

This usually happens for one of two reasons: either the lower court didn’t make any mistakes, or any errors that did occur weren’t serious enough to merit changing the ruling.

For example, if the lower court used incorrect terminology or made a mistake in instructions given to the jury, but the error didn’t change the outcome of the trial, then the appeal would likely be lost.

Another reason could be that the evidence presented by the prosecutors was simply too strong to be successfully argued against in an appeal.

What are your options after losing an appeal?

All hope is not lost after you lose an appeal. If you believe that a mistake was made in your case, there may be additional options available to you.

File a motion for rehearing

This is a petition to the appellate court requesting that it reconsider its decision. While this course of action is only sometimes successful, it may be a viable option if you can show that the court overlooked critical facts in your case.

If you choose this option, you’ll have only one opportunity to pursue it; if the appellate court denies your motion for rehearing, you won’t be able to request any further appeals.

Appeal to an even higher court

If your case was heard by the state appeals court, you may be able to appeal the decision to the highest court in the state, such as the Florida Supreme Court.

As with the other possible options, the chances of this being successful are slim, but it may be your best recourse if you’re confident that the lower court made mistakes in your case.

Alternative dispute resolution

In some cases, you may be able to pursue a more favorable outcome through alternative dispute resolution methods such as mediation or arbitration. This is especially true if your case involved a civil matter, such as a contract dispute or copyright infringement.

This option is less likely to be available in criminal cases, however.

Accepting the decision and moving forward

While nobody wants to accept a conviction, sometimes it is the best course of action in terms of time and money spent.

Before making any decisions, though, you should carefully weigh all of your options with the guidance of an experienced criminal defense attorney.

Speak with our attorneys for personalized guidance

At Katz & Phillips, P.A., we know how frustrating it can be to lose an appeal. Our attorneys are committed to helping our clients understand their rights and find the best path forward before and after an appeal.

Whether you’re just starting the appeals process or need help exploring your options after a lost appeal, our criminal defense lawyers in Orlando are here for you.

Contact us today at (321) 332-6864 to schedule a consultation and get the guidance you need.

Several legal remedies are available to Florida residents who believe their rights have been violated or treated unfairly by the legal system. One of these remedies is known as a “writ of mandamus.” This remedy can be used in a variety of situations, including criminal law cases that are being handled by the lower courts.

A writ of mandamus is a court order that requires a government official or agency to perform a specific duty. It’s a way for individuals to compel a government entity to take action when they have failed to do so or made a mistake.

There are strict guidelines for filing a writ of mandamus, which can be found in Florida Rule of Appellate Procedure 9.100.

Our criminal defense attorneys in Orlando are well-versed in this area of the law and can help you determine if filing a writ of mandamus is the right course of action for your situation. Keep reading to learn more, then contact us for personalized guidance.

How can a writ of mandamus be used in criminal cases?

Several requirements must be met before a court will issue a writ of mandamus.

The person requesting the writ must establish the following:

1. They have a clear legal right to the action they are requesting.
2. The government entity or official has a clear legal duty to perform that action.
3. There is no other adequate remedy available.

One common situation in which a writ of mandamus may be used in criminal law is when a defendant is being held in custody and isn’t being brought to trial promptly.

Under the Sixth Amendment of the U.S. Constitution, defendants have the right to a speedy trial. If a defendant has been in custody for an extended period without being brought to trial, they may be able to file a writ of mandamus to compel the judge to move their case forward.

Another possibility is when a defendant has been denied the right to present a defense.

Defendants have the constitutional right to due process, including the right to bring forth evidence relevant to their case. If a judge has denied a defendant that right, a writ of mandamus may be used to compel the judge to allow them to present their defense.

Procedure for obtaining a writ of mandamus

1. File a petition

To obtain a writ of mandamus in Florida, you must file a petition with the appropriate higher court as instructed by your attorney.

The petition must include a straightforward explanation of the legal basis for the request, along with any supporting evidence. It should also include dates, case numbers, court orders, and other key information related to the issue at hand.

2. Court assesses petition and issues order to respond

Once the court receives the petition, it will assess its factual and legal merits.

If the court finds that all of the elements required for a writ of mandamus are present, it will issue a “show cause order” requiring the target of the writ to respond.

3. Respondent agrees to or denies allegations

If the respondent denies the allegations with sufficient evidence, the court may schedule a hearing.

If they fail to do so, a hearing is unnecessary, and the court can make a decision based on the available information.

4. Hearing

In the event that a hearing occurs, both parties will have the opportunity to present their arguments and evidence.

The higher court judge will then determine whether the legal elements have been met and whether a writ of mandamus should be issued.

If the judge grants the writ, the government entity or official will be required to perform the requested action.

If the writ is denied, the petitioner may have other legal options available to them.

Our attorneys can help you explore your options

If you believe you may have a case for a writ of mandamus, it’s vital to consult with an experienced attorney.

When you turn to Katz & Phillips, P.A., we’ll carefully review the facts of your case to determine if a writ of mandamus is a suitable option.

Our criminal defense lawyers in Orlando can also explore other avenues that may be available to you. Contact us today at (321) 332-6864 to get started.