You are probably familiar with some of your rights from television and movies. Among them is a right to a trial by jury; the right to have the jury hear the witnesses and see the evidence; the right to be present at all times and to have your attorney cross examine the witnesses against you.

In addition, you have the right to call witnesses of your own; if you wish to present witnesses but aren’t sure they will appear in court, the court will issue subpoenas directing them to appear; you have the right to testify if you choose, but nobody can force you to testify if you do not want to. This is called the right to remain silent.

The state must prove its case beyond and to the exclusion of every reasonable doubt, using lawfully obtained and admissible evidence. Finally, if convicted, you have the right to an appeal. An appeal is a review by a higher court to decide if there were errors in your trial. If the higher court believes that there was a serious flaw in the trial, then it has the power to dismiss your case, or order a new trial.

By pleading “Not Guilty” and denying the charges, you keep all of your rights. Pleading “Guilty” admits the charge; “No Contest” means you neither admit nor deny the charge.  However, a “No Contest” plea allows the court to proceed as if you had pled guilty.

The rights guaranteed by the constitutions of the United States and the State of Florida are important to your continued freedom. Before you waive any rights following your arrest, you should discuss such a serious matter with an experienced attorney. Only you can decide to give up your constitutional rights. It is strongly recommended that you receive advice from a lawyer whom you trust before waiving any of them.