The pre-trial release system in Miami-Dade County results in those who are poor being much more likely to plead guilty simply to avoid certain consequences that may occur if they attempt to fight their conviction. Poor suspects are faced with the choice between pleading guilty and receiving a criminal record and a fine in exchange for time served. Alternatively, poor suspects can maintain their innocence and stay in jail because they cannot afford to pay 10% of the bail amount necessary for their release. Because poor defendants cannot post bail, they face enormous pressure to plead guilty for time served so they can go home and avoid the loss of their job.
Poor defendants also face the obstacle of not being able to prepare their defense adequately. Miami-Dade public defenders are not even in the same building as defendants so consultations are limited at best. Further, the court has little time to spend on each case so defendants typically have little chance to assist in their defense. Poor defendants who are forced to remain in custody because they cannot afford bail end up pleading guilty as opposed to languishing behind bars as they wait sometimes weeks just to be formally charged. This is even more troubling because national studies indicate that defendants that remain in custody with charges pending are far more likely to plead guilty then defendants who are free while charges are pending.
Article I, section 14 of the Florida Constitution provides that every person who is not charged with a capital offense or an offense punishable by life is entitled to pre-trial release on reasonable terms. Florida criminal law also creates a presumption in favor of release on non-monetary conditions for persons not charged with violent offenses. Release on one's own Recognizance (ROR) is rarely granted especially to poor defendants. The pre-trial release program in Miami-Dade County is not functioning in accordance with these guidelines as fewer than one-third of those interviewed for pre-trial release actually received it during 2008. Miami criminal defense attorney John Musca indicated a defendant has a much greater opportunity to confer with private counsel when facing criminal charges. Musca also said it is important to try to obtain a defendant's release because simply being kept in custody can create pressure to plead guilty simply to obtain immediate release.
If you have been arrested or are facing criminal allegations, you face a number of important decisions. The most critical one is choosing who will represent you in the legal system.
It is important to be proactive in building your defense. A conviction will likely change your life. But, with high quality legal representation on your side, it is possible to put these changes behind you for good. If you have been arrested and are seeking legal guidance, Musca Law is here for you. Contact a Miami Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney. We offer a free initial consultation and Spanish language translation services.
