If you have been arrested, you should contact an attorney. Consulting an attorney will help you understand your rights and obligations as well as your options for resolving the case. Everyone has the right to hire and appear in court with an attorney.
Our attorneys have the necessary experience, knowledge, and skill to help you resolve your criminal case. Our attorney, Jesus F. Bujan, is a seasoned trial attorney with over 33 years of experience trying cases in state and federal court. Mr. Bujan has a vast trial experience in both criminal non-jury, and criminal jury trials. Mr. Bujan has also handled numerous criminal appeal cases, and has brief and argued cases before the Circuit Court, the Court of Appeal, and the Florida Supreme Court. Mr. Bujan has also briefed and argued criminal cases before the Federal 11th Circuit Court of Appeal.
Our legal system recognizes two kinds of law — civil and criminal. A criminal case is one in which the local, state or federal government brings an action (lawsuit) in the name of all of its citizens. The plaintiff is the government agency, and it is acting on behalf of the people. The government is represented in court by the local state attorney or the U.S. attorney, depending upon whether the alleged crime is prosecuted in State or Federal court.
In a criminal case, the accused, also known as a “defendant,” is charged with a crime against society — that is, a violation of the laws regulating our conduct, such as murder, assault, conspiracy, theft, DUI, vandalism, robbery, etc. In addition, less serious conduct such as driving without a license may also violate criminal laws.
In a criminal case, the prosecutor or a grand jury decides whether to start proceedings. If a defendant is found guilty, the punishment can be: fines, reimbursement to victims, attending classes to educate the offender on avoiding similar behavior, attendance at drug or alcohol counseling, probation, jail and/or prison. The punishment depends on the circumstances and the type of crime.
In criminal cases, because the person charged with a crime (defendant) is presumed to be innocent until proven guilty, the prosecution must prove the case “beyond a reasonable doubt.” This does not mean beyond all possible or speculative doubt, but it does mean the court or jury must have an abiding conviction to a moral certainty of the truth of the charge. Because a person’s liberty and freedom are at stake, the standard for prosecutors proving the case is necessarily a higher burden than the proof required in a civil case.
In criminal cases, the testifying witnesses are just a bit different because a criminal defendant (the accused person) cannot be forced to testify. The accused has the right to remain silent at all stages of the criminal case, from arrest through trial, and also to be represented by an attorney appointed by the court and without charge if the person doesn’t have the means to hire an attorney. In criminal cases, the accused has many rights that defendants in civil cases do not have. Again, this is due in part to the fact that a criminally accused person may lose liberty or freedom and be required to go to jail or prison.
Our office handles the following criminal defense cases:
- Criminal traffic violations such as DUI, and Leaving the Scene of an Accident
- Petition to Seal or Expunge a Case
- Stand your ground cases
Please contact us for a free consultation with our dedicated and knowledgeable attorneys to help you with your legal needs. To schedule a free consultation with one of our attorneys, call us today at (305) 442-1439. To reach us via email, please fill out our online contact form available under the “Contact Us” tab, and a member of our staff will contact you promptly. We look forward to serving you.