Being arrested and charged with a crime is a daunting experience. You are facing potential loss of liberty, of money and of reputation in ways that can affect your career and other aspects of life. However, it is important to think clearly and to understand the criminal justice process in depth so that you can protect your rights. 

A criminal case in Florida progresses through a series of distinct stages, each of which serves a specific purpose:

1. Arrest or summons — An arrest occurs when a person is suspected to have committed a serious or violent crime. The accused is taken into custody and booked, which involves recording personal information and details about the alleged offense. For certain lesser offenses, a summons is issued, ordering the individual to appear in court at a specified time. 

2. First appearance — A defendant must be brought before a judge within 24 hours of the arrest. At this initial hearing, the judge informs them of the charges and ensures they are aware of their right to a defense attorney. The court also determines whether the defendant is entitled to release on bail or other conditions while the case proceeds.

3. Arraignment — The next step is the formal filing of charges by the State Attorney’s Office. The prosecutor reviews the evidence and decides whether to file an information (for most felonies) or a complaint (for misdemeanors). Once charges are filed, the defendant is formally notified of them at a hearing known as an arraignment. The defendant enters a plea, which can be guilty, not guilty or no contest. Most defendants plead not guilty, preserving their right to trial.

4. Pretrial proceedings — This stage involves an exchange of evidence, known as discovery. Both the prosecution and defense share witness lists, police reports and other materials. Motions seeking suppression of evidence, dismissal of charges or other relief can be filed and resolved at hearings. The defense and prosecutor also engage in negotiations known as plea bargaining. The majority of criminal cases in Florida are resolved in this way, with the defendant agreeing to plead guilty or no contest, usually in exchange for reduced charges or a lighter sentence. 

5. Trial — If no agreement is reached, the case advances to trial. A pretrial conference often takes place, serving as a last opportunity for the parties to resolve the case or confirm readiness for trial. At trial, a jury is selected and both sides present their cases. The prosecution has the burden of proving each element of the crime beyond a reasonable doubt. The defense can challenge evidence, question state witnesses and present their own. After both sides have closed, the jury deliberates and delivers a guilty or not-guilty verdict.

6. Sentencing — If the verdict is guilty, the case is adjourned for sentencing. The judge orders the state to prepare a pre-sentence investigation report, which includes the defendant’s criminal history as well as mitigating and aggravating factors. A hearing is then scheduled, usually weeks after the verdict, at which the judge determines a penalty within Florida’s sentencing guidelines. Motions for post-conviction relief or appeals may then follow.

At the Law Offices of Tad A. Yates, P.A. in Orlando, we aggressively advocate for the rights of defendants in criminal cases across Florida. Call 407-608-7777 or contact us online to schedule a consultation.