The Florida Criminal Case Process and Timeline
Dec. 15, 2024
There are multiple steps involved in the criminal case process in Florida, and for those without legal knowledge, it may be challenging to understand the timeline. However, having an insight into the process can give you a better understanding of what to expect.
If you've been charged with a crime, securing an experienced criminal defense attorney in Ocala, Florida, is essential to safeguarding your interests. That's where I come in—Attorney Jeffrey Higgins, offering dedicated legal representation at Ocala Defense.
Here, I'll provide a clear explanation of each phase of the Florida criminal case process—from arrest and initial appearance to post-conviction options—so you can confidently say you understand what's happening during your case.
Initial Arrest
Before you can be arrested, police officers must first have reasonable belief that you've committed a crime. Two different types of arrests can be made: those without a warrant and those with one.
A warrantless arrest is when law enforcement has immediate probable cause. An arrest with a warrant means that law enforcement has received signed documentation from a judge to arrest you based on evidence.
Initial Investigation
It's at this stage that law enforcement may collect evidence, interview witnesses, and seek further information from you. While you have the option to cooperate, you're not obligated to do so due to your Fifth Amendment rights. In fact, as your criminal defense attorney in Ocala, Florida, I don't recommend that you speak to law enforcement without a lawyer present.
If you haven't asked for an attorney already at this time, you'll want to contact me, Attorney Jeffrey Higgins, to protect your rights and to help reduce your risk of making self-incriminating statements. After you've been arrested, the next stage in the Florida criminal case process is the first appearance.
First Appearance
This is your initial court appearance, which must occur within 24 hours of the arrest, as stipulated by Florida law. The primary purpose of this hearing is to inform you of the charges against you, your rights, and the conditions of your detention.
Having an Ocala criminal defense attorney on your side at this stage can be beneficial in helping you protect yourself. At the first appearance, the judge will also decide whether you'll be granted bail.
Bail Hearing
Bail is a monetary amount set by the court to make sure that you return for future court hearings. In some cases, such as those involving serious felonies, you may be held without bail if the judge considers you a potential flight risk or a danger to the community.
The judge will consider factors such as the severity of the crime and your criminal history when determining bail. If bail is set, you can post the required amount to be released from jail until your next court appearance.
As your criminal defense attorney in Ocala, Florida, I can argue on your behalf for a reduced bail amount. After the first appearance, the next step in the criminal case process is the arraignment.
Arraignment
The arraignment is the formal reading of the charges against you, which takes place at a later scheduled court date, typically within a few weeks of the arrest. During this hearing, you'll enter a plea—guilty, not guilty, or no contest (nolo contendere).
If you plead guilty or no contest, the case may proceed to sentencing. However, if you plead not guilty, the court will schedule a series of pretrial hearings to determine how the case will proceed.
If you haven't hired a criminal defense attorney in Ocala, Florida, at this point, you have the right to appoint one. The court may also appoint a public defender if necessary. In either case, you'll have the opportunity to consult with your lawyer before you enter a plea.
Once a not guilty plea is entered, the next phase of the criminal case process involves pretrial motions and discovery.
Pretrial Motions and Discovery
Discovery refers to the process in which both the prosecution and defense exchange information related to the case. This includes witness lists, evidence, police reports, and any other materials that may be used in court. The purpose of discovery is to make sure that both sides have access to the same information and to allow the defense to prepare an effective strategy.
At the same time, the defense and prosecution may file pretrial motions. Pretrial motions are requests made to the court asking it to make rulings on specific issues before the trial begins. Some common pretrial motions include:
Motion to dismiss: A request for the court to dismiss the case due to lack of evidence or other legal grounds.
Motion to suppress evidence: A request to exclude certain evidence from the trial if it was obtained illegally.
Motion for change of venue: A request to move the trial to another location if there’s concern about the impartiality of a local jury.
The judge will review these motions and decide whether they should be granted. If the motion is granted, it may significantly affect the trajectory of the case.
Plea Bargaining
While some criminal cases in Florida proceed to trial, many cases are resolved through plea bargaining. Plea bargaining is the process in which the prosecution and defense negotiate an agreement in which the defendant pleads guilty to a lesser charge or receives a reduced sentence.
This is typically done to avoid the time and expense of a trial. Plea agreements often involve the defendant pleading guilty to a lesser offense or agreeing to testify against co-defendants in exchange for a lighter sentence.
Plea bargaining can occur at any point before or during the trial. If you accept a plea bargain, the case moves toward sentencing. If you reject the plea deal, the case proceeds to trial.
Trial
If a case proceeds to trial, this is one of the most significant stages in the criminal case process. In Florida, criminal trials are typically held in front of a jury of peers, although you can opt for a bench trial, where a judge alone decides the verdict. The trial process includes several stages:
Jury selection: The prosecution and defense will question potential jurors to determine if they're biased or have any reason to be disqualified. Both sides have the opportunity to challenge certain jurors.
Opening statements: Each side presents a brief overview of their case, outlining what they intend to prove and how they plan to do so.
Presentation of evidence: The prosecution presents its case first, calling witnesses and introducing evidence. The defense then has the opportunity to cross-examine these witnesses. The defense may also present its own case, but it's not required to do so.
Closing arguments: After both sides have presented their evidence, they each make closing arguments, summarizing their positions.
Jury deliberation and verdict: The jury deliberates in private, considering all the evidence presented during the trial. After deliberation, they render a verdict of guilty or not guilty.
If you're found guilty, the case moves to the sentencing phase. In Florida, the judge will determine the appropriate sentence based on the severity of the crime, your criminal history, and other factors such as victim impact statements.
Post-Trial Motions and Sentencing
Sentences can include fines, probation, prison time, or a combination of these penalties. However, before sentencing, the defense may file post-trial motions to challenge the verdict or request a new trial.
Common post-trial motions include a motion for a new trial, based on new evidence or legal errors during the trial. If the judge grants a new trial, the case starts over from the beginning.
In some cases, the judge may also issue a presentence investigation report, which is a comprehensive evaluation of the defendant's background and circumstances that might affect the sentencing decision.
Appeals Process
If you're convicted, you have the right to appeal the decision. The appeals process is separate from the trial itself and is conducted by an appellate court.
In Florida, the defendant can appeal the conviction if they believe there was a legal error during the trial, such as improper jury instructions or the admission of illegal evidence.
The appeal doesn't involve a new trial, and no new evidence is presented. Instead, the appellate court reviews the trial court’s proceedings to determine if any errors were made that significantly impacted the outcome.
If the appeal is successful, the court may reverse the conviction, order a new trial, or reduce the sentence. If the appeal is unsuccessful, the defendant must serve their sentence.
Post-Conviction Relief
After a conviction and sentencing, you may still have opportunities for relief through post-conviction motions. These motions are typically based on claims of ineffective assistance of counsel, newly discovered evidence, or other legal issues.
You may file a motion for post-conviction relief, seeking to overturn the conviction or modify the sentence. Discuss your options with your criminal defense attorney in Ocala, Florida.
The post-conviction relief process can take months or even years, depending on the nature of the case and the issues raised. If the motion is granted, the court may order a new trial, modify the sentence, or take other corrective action.
Contact a Criminal Defense Attorney Today
When you need an experienced and professional criminal defense attorney in Ocala, Florida, look no further than Attorney Jeffrey Higgins. I serve clients in Marion County, Lake County, Clermont, Leesburg, Tavares, and Eustis. Contact Ocala Defense today to schedule a consultation.