Process of a Criminal Case
A criminal case in Florida typically follows a series of stages, from the initial arrest to potential trial and beyond. Remember that the details may vary based on the case's specific circumstances, the severity of the charges, and whether the case involves a misdemeanor or a felony.
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Arrest
The criminal process often begins with an arrest by law enforcement. Depending on the situation, this can occur with or without a warrant. An individual may also receive a “written arrest” or a Notice to Appear, which acts as an arrest but does not require them to go to jail.
Booking
After an arrest, the individual is taken to a law enforcement facility for booking. This involves recording personal information, taking fingerprints and photographs, and possibly conducting a background check.
First Appearance
The arrested person may be brought before a judge for a first appearance. At this stage, the judge informs the individual of the charges, considers the bond, and appoints an attorney if the accused cannot afford one. Anyone arrested is entitled to see a judge within the first 24 hours of their arrest. However, not everyone that gets arrested ends up seeing the judge. If the arrestee has already been granted a bond, they can “bond out” before the first appearance. In certain situations, the arrested individual is not entitled to a bond at all or is not entitled to a bond until they see a judge. Read more about bonds here.
If the accused is eligible for bond, a separate hearing may be held to determine the amount and any conditions for release. Bond hearings are separate events from first appearances and occur before the judge presiding over the case.
Pretrial Proceedings
Both the prosecution and defense engage in discovery, exchanging information and evidence. Pretrial motions may be filed, and plea deal negotiations may occur.
Plea Bargaining
The prosecution and defense may negotiate a plea deal, in which the accused agrees to plead guilty or no contest to reduced charges in exchange for a lighter sentence.
Pretrial Conference
A pre-trial conference is a “status date” where the prosecution and defense inform the judge about what is happening in the case. This may address any outstanding issues, discuss potential plea agreements, discuss potential motions, or set a trial date. If the defendant has an attorney, they can file a document called a “Waiver of Appearance,” which will excuse the defendant’s presence at pre-trial conferences.
Trial
If no plea agreement is reached, the case goes to trial. The prosecution presents evidence, and the defense has the opportunity to present its case. The defense may file several trial motions to limit or exclude evidence from being presented by the prosecution. A judge or jury then determines the verdict.
Sentencing
A sentencing hearing is held if the accused is found guilty or pleads guilty. The judge determines the appropriate punishment, including fines, probation, community service, or incarceration. The judge may also impose mandatory sentences. The defense may have the opportunity to present testimony or mitigation. Note that in many cases, a sentencing hearing is avoided if the prosecution and defense agree on the sentence imposed and the judge accepts the agreement.
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If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at 386-846-6043. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.