The Criminal Court Process in Florida Explained Step-by-Step
The criminal court process in Florida can seem complicated and intimidating to those going through it for the first time. This article aims to break it down step-by-step so you know what to expect.
Step 1: Arrest or Notice to Appear
A criminal case usually starts with either an arrest or a notice to appear.
An arrest occurs when a police officer takes someone into custody because they witnessed a crime, have probable cause to believe a crime occurred, or have a warrant for arrest. The police will then take the arrested person to booking at the county jail.
A notice to appear is a document ordering someone to show up to court on a specific date to answer for alleged crimes. If the person fails to appear, an arrest warrant may be issued.Once arrested or given a notice to appear, it’s important to contact a criminal defense attorney right away to protect your rights.
Step 2: First Appearance
Within 24 hours of arrest in Florida, there must be a first appearance hearing before a judge. This is to advise the defendant of the charges against them, determine if there is probable cause for the charges, address setting or modifying bail/bond, and appoint counsel if the defendant cannot afford an attorney.Defendants will also have the chance to enter an initial plea at first appearance. If they plead guilty, sentencing may occur immediately. If pleading not guilty, a trial date will be set.
Step 3: Arraignment
At the arraignment, formal charges will be filed and presented to the defendant. This is their chance to enter an official plea to the charges.They can plead:
- Guilty
- Not guilty
- No contest (not admitting guilt but accepting punishment)
If a “not guilty” plea is entered, the next steps are determining bail and beginning the pretrial process.
Step 4: Pretrial Process
The pretrial process has many moving parts as both sides build their case. Key parts of the pretrial process include:
Discovery
This is when the prosecution shares information, witness statements, evidence, etc with the defense. The defense can also request specific evidence through discovery motions.
Pretrial Motions
The defense or prosecution can file motions on various matters prior to trial, such as:
- Suppressing certain evidence believed to be unlawfully obtained
- Dismissing the charges altogether if there is lack of evidence or other flaws
- Modifying bail/bond terms
- Requesting medical examinations
Plea Bargaining
Many cases end through plea bargaining – where the defendant pleads guilty in exchange for lesser charges or a lighter sentence. An experienced attorney can negotiate effectively.
Pretrial Conferences
Informal pretrial conferences between the lawyers may occur to discuss plea options or trial preparation issues. Formal conferences with the judge may also be scheduled.
Step 5: Trial
If no plea agreement is reached, the case will go to trial before a judge or jury. Key parts of a criminal trial include:
Jury Selection
Attorneys question and select jurors who will decide the case. The goal is an unbiased jury.
Opening Statements
The prosecution and defense make opening statements to outline the case and preview evidence.
Presenting Evidence
Witnesses testify and physical evidence is presented. The prosecution presents their evidence first.
Closing Arguments
After all evidence is presented, the lawyers make closing arguments to summarize their view of the case for the jury.
Jury Deliberation
The jury meets in private to discuss the case evidence and testimony to reach a verdict.
Verdict
The jury acquits or convicts the defendant based on the standard of “guilty beyond reasonable doubt.”
Step 6: Sentencing
If found guilty, the final step is sentencing – where punishments are imposed. Factors influencing sentencing can include:
- State sentencing guidelines
- Nature and severity of the crime
- Defendant’s criminal history
Possible sentences can involve jail/prison time, fines, probation, restitution to victims, treatment programs, or alternative sanctions.
Having an experienced criminal defense attorney to advocate for you every step of the way can help you understand the process, protect your rights, and achieve the best possible outcome. Don’t go through it alone.