Defending Your Child Against College Campus Criminal Charges in Florida
Florida, the Sunshine State, is home to a plethora of prestigious colleges and universities. The University of Florida, Florida State University, University of Miami, University of South Florida, and Florida International University, among others, draw students from all over the world. While these campuses provide a nurturing academic environment, they are not immune to crime. This page offers a comprehensive guide to understanding the Florida statutes, common offenses on college campuses, the bail and bond process, and critical steps parents need to take when hiring an attorney.
Florida’s Criminal Statutes
Florida law (Florida Statutes Title XLVI) outlines various crimes and penalties. These statutes apply uniformly across the state, including college campuses. They cover offenses ranging from misdemeanors like petty theft (Fla. Stat. § 812.014) to felonies such as sexual battery (Fla. Stat. § 794.011). For a crime to be prosecuted, it must fall within the jurisdiction of Florida, which includes all crimes committed within the state's boundaries. College campuses, therefore, fall under these statutes.
Common Offenses on Florida College Campuses
The types of crimes committed on college campuses in Florida are as diverse as the student population. However, some offenses are more common than others. These include drug offenses, alcohol-related crimes, theft, and sexual assault.
Drug Offenses: Students sometimes fall into drug use and distribution, which could lead to charges under Fla. Stat. § 893.13. For instance, a student at the University of Florida was recently arrested for possession of marijuana with intent to sell, a third-degree felony in Florida.
Alcohol-Related Crimes: Alcohol consumption often leads to offenses such as underage drinking, DUI, and public intoxication. A typical example involved a Florida State University student charged with DUI after causing a minor accident on campus.
Theft: Theft is another common crime on college campuses. For instance, a University of South Florida student was recently arrested for stealing laptops from the university library, violating Florida Statute § 812.014.
Sexual Assault: Unfortunately, sexual assault cases are not rare on college campuses. The Title IX regulations aim to reduce these cases, but they still occur. A recent case involved a student from Florida International University charged with sexual battery under Florida Statute § 794.011.
Assault and Battery: Assault (threat of harm) and battery (physical harm) are also common offenses. These crimes, covered by Fla. Statute § 784.011 and § 784.03 respectively, can range from simple fights to more serious altercations. For instance, a recent case involved a University of Miami student arrested for battery following a dispute at a campus event.
DUI: DUI (Driving Under the Influence) is another significant problem, especially as some students may underestimate the dangers of drunk driving. A recent case involved a University of Miami student arrested for DUI after causing an accident near the campus, violating Florida Statute § 316.193.
The Bail and Bond Process in Florida
When a student is arrested, the next step is typically a bail hearing to determine if the student can be released pending trial. The bail amount depends on the severity of the crime, the student's criminal history, and the likelihood of the student appearing at future court proceedings.
Parents can secure their child's release by paying the full bail amount or by purchasing a bail bond, which is typically 10% of the bail amount. If the student fails to appear in court, the bond is forfeited, and the full bail amount becomes due.
For instance, if a University of Miami student is arrested for a DUI (a second-degree misdemeanor), the bail might be set at $500. The parents can pay this amount directly to the court or pay a bail bondsman $50 to secure the student's release.
Stages of a Florida Criminal Case
The stages of a criminal case in Florida can vary depending on the specific charges, facts of the case, and other factors. However, there are several general stages that most criminal cases in Florida will go through:
1. Arrest: The first stage of a criminal case in Florida typically involves an arrest by law enforcement officers. The arrest may be made with or without a warrant, depending on the circumstances.
2. Booking: After an arrest, the suspect is taken to a law enforcement facility to be booked. This involves taking fingerprints, photographs, and other identifying information, as well as processing any personal property or evidence.
3. Initial Appearance: The suspect will then have an initial appearance before a judge, usually within 24 hours of the arrest. The judge will inform the suspect of the charges, advise them of their rights, and set bail or release conditions.
4. Arraignment: The next stage is the arraignment, where the defendant will be formally charged with the crime and will enter a plea of guilty or not guilty. If the defendant pleads guilty, a sentencing hearing will be scheduled. If the defendant pleads not guilty, the case will proceed to trial.
5. Pre-Trial Motions and Hearings: Before the trial, the defense and prosecution may file pre-trial motions to exclude evidence or dismiss the case. There may also be hearings on these motions.
6. Trial: The trial is the stage where the case is presented to a jury, who will decide whether the defendant is guilty or not guilty. The prosecution will present evidence and witnesses, and the defense will have the opportunity to cross-examine witnesses and present their own evidence.
7. Sentencing: If the defendant is found guilty, a sentencing hearing will be scheduled. The judge will consider factors such as the seriousness of the crime, the defendant's criminal history, and any mitigating or aggravating factors in determining the sentence.
8. Appeal: If the defendant is convicted, they may have the right to appeal the conviction or sentence to a higher court.
It's important to note that not all criminal cases in Florida will go through all of these stages. Some cases may be resolved through a plea bargain or diversion program, while others may be dismissed before trial.
What Elements of a Crime Does the Prosecution Need to Prove to Obtain a Conviction in Florida?
In order for the prosecution to obtain a conviction in a criminal case, they must prove all of the elements of the crime beyond a reasonable doubt. The elements of a crime will vary depending on the specific offense, but generally include:
1. Actus Reus: This refers to the criminal act itself. The prosecution must prove that the defendant committed the act that constitutes the crime. In some cases, the act may be an omission or failure to act.
2. Mens Rea: This refers to the defendant's mental state at the time of the crime. The prosecution must prove that the defendant intended to commit the crime or was reckless or negligent in their actions.
3. Concurrence: This refers to the requirement that the act and the mental state must occur at the same time. The prosecution must prove that the defendant had the required mental state at the time they committed the act.
4. Causation: This refers to the requirement that the defendant's act caused the harm or result that is prohibited by the law. The prosecution must prove that the defendant's act was the direct cause of the harm or result.
5. Harm: This refers to the actual harm or injury that resulted from the defendant's act. The prosecution must prove that the harm was caused by the defendant's act and that it was a prohibited harm under the law.
In addition to these elements, some crimes may have additional elements or specific requirements that must be proven by the prosecution. It's important to note that the burden of proof is on the prosecution, and they must prove each element of the crime beyond a reasonable doubt in order to obtain a conviction.
Hiring a Florida Criminal Defense Attorney When You Reside Out-of-State
If you need to hire a criminal defense attorney for your child who is studying at a Florida college or university but you live out-of-state, there are a few steps you can take:
1. Call Musca Law: Musca Law has office locations throughout the state of Florida including locations in Gainesville, Miami, Tallahassee, Orlando, Tampa, and 25 other cities in Florida. Musca Law also has experience in college campus crimes.
2. Initial Consultation: During the consultation, ask about the strategy for your child's case. Be prepared to provide all relevant details about the incident.
3. Consider technology: With modern technology, it's possible for attorneys to communicate with clients who are out-of-state. Video conferencing, email, and phone calls can all be used to keep in touch and exchange information.
4. Discuss payment options: Hiring a criminal defense attorney can be expensive. Make sure you discuss payment options with the attorney you choose. Some attorneys may be willing to work out a payment plan or accept credit card payments.
It's important to act quickly if your child has been arrested or charged with a crime. The sooner you hire an attorney, the better your chances of obtaining a positive outcome.
Regenerate response
Are you a student or parent of Florida college student who has been charged with a crime in Florida?
Don't wait to get legal representation. At Musca Law, P.A., we have years of experience defending college students just like you. Our attorneys understand the unique challenges faced by college students in the criminal justice system, and we will fight tirelessly to protect your rights and your future.
Call us today at our toll-free number, 1-888-484-5057, to schedule a free consultation with one of our experienced criminal defense attorneys. We are available 24/7 to take your call and provide you with the guidance and support you need during this difficult time. Don't wait - call us now and let us help you fight your criminal charges.