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Steps to Take When You’ve Been Arrested for Breaking and Entering
In Florida, the legal term for breaking and entering is burglary. It is one of the most serious types of theft crimes, and it requires a strong defense to avoid significant penalties, including years in prison and fines. If you’ve been arrested for burglary, these steps can help you navigate the process and ensure you have the legal representation and counsel you need.
Exercise Your Right to Remain Silent
One of the most important things you can do when you have been arrested is to exercise your right to remain silent. You do not have to and should not answer any questions from police until you have an attorney present. This is true even if you are innocent. Many people believe they have nothing to hide because they didn’t do anything wrong. But even seemingly minor details like telling an officer where you had been that night or why you were in the area can be used against you later. Always be polite with officers, but remain firm that you aren’t going to answer any questions and would like to speak to an attorney.
Not talking about the case also extends to those outside of law enforcement. If you make a phone call, don’t tell the other person what happened or provide any information that could be used against you.
Contact a Florida Defense Attorney
When you’re arrested for charges related to a home invasion, your first call should be to a criminal defense attorney who has experience with burglary and breaking and entering cases. Many firms offer an initial consultation so that you can understand how the attorney would approach your case and ensure it’s a good fit. Once you hire a lawyer to represent you, they can work on your case, including being present when you’re answering questions from investigators, counseling you on what plea to enter, and helping you get out on bail. Having legal representation early in the process can have a significant positive effect on your case and ensure you are doing everything you can to fight your charges.
Understand the Exact Nature of Your Charges
Within 24 hours of your arrest, you’ll have your first appearance in court. At this time, you’ll find out what the charges are against you and be informed of your rights. In Florida, burglary can range from a third-degree felony to a first-degree felony. The degree of the charge depends on factors like whether anyone was present in the dwelling at the time and whether an assault or battery was committed during the burglary.
This first appearance is also often when bail is decided, which is why it’s crucial to have an attorney on your side as soon as possible after your arrest. The judge decides whether you are eligible for bail based on factors like the severity of the crime and whether they believe you are an ongoing danger to the community. An attorney can argue that you aren’t a flight risk, pose no threat, and should be allowed to await arraignment out of custody.
Enter a Plea
After your arrest and initial court appearance, the next major step in the case is the arraignment, where you will enter your plea. This is usually scheduled within a couple of weeks of your arrest. For most charges, defendants have the option of a guilty, not guilty, or no-contest plea. A guilty plea means that you will skip the trial and go straight to sentencing. A no-contest plea has a similar effect, but someone who pleads no contest is refusing to actually admit guilt. Instead, it’s more like acknowledging that the prosecution has a strong case that would likely end in a guilty verdict in court. A not-guilty plea means that the case proceeds to trial.
It’s important to understand that the judge has the ultimate discretion to accept a guilty or no-contest plea. In most cases, an attorney will advise you to enter a not-guilty plea at least initially to provide more time to review the case and decide on a strategy.
Consider Potential Defense Strategies
Once your attorney has spoken with you and reviewed your case, they will start to discuss potential defense strategies. Each case is different, and the best option for your situation depends on the details of the arrest and other factors, such as whether you have any previous convictions for similar charges.
An attorney may recommend trying to work out a plea deal with the prosecution or suggest strategies to use in a criminal trial. For example, an attorney may argue that you lacked the required intent for a burglary charge or that you believed you had a legal right to enter the property. In some cases, certain pieces of evidence may be able to be suppressed, which can undermine the prosecution’s case and make it difficult for the state to move forward.
Be an Active Participant in Your Defense
While your attorney has the legal knowledge and experience you need to fight criminal charges, you have an active role to play in your defense. You’ll need to provide your lawyer with any and all information and evidence you have, even if it paints you in a negative light. Everything you say is protected under attorney-client privilege, and your legal team needs as much information as possible to defend you.
If you’re facing burglary charges in Florida, The Defense Group is here to help. Call 407-743-8430 to take the first step.
