Process of a Criminal Case

Keep in mind that the details may vary based on the specific circumstances of the case, the severity of the charges, and whether the case involves a misdemeanor or a felony.

Here's a general overview:

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 bond, and appoints an attorney if the accused cannot afford one.  Anyone who is 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 are eligible to “bond out” prior to first appearances.  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.

Bond Hearing:  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 than first appearances and occur in front of the judge presiding over the case.

Filing of Charges:  Just because an arrest was made, it does not necessarily mean that formal charges will be filed or a case will be initiated.  After an arrest, the information is sent from the law enforcement agency to the State Attorney’s Office.  The State Attorney’s Office reviews the information surrounding the arrest and the evidence obtained and makes a filing decision.  The charges filed may be different than what the accused was arrested for.

Arraignment: During the arraignment, the accused is formally informed of the charges against them and asked to enter a plea, which can be "guilty," "not guilty," or "no contest."

Pretrial Proceedings: Both the prosecution and defense engage in discovery, exchanging information and evidence. Pretrial motions may be filed, and negotiations for a plea deal may take place.

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 pretrial conference is a “status date” where the prosecution and defense inform the judge about what is happening in the case. This may be to 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: If the accused is found guilty or pleads guilty, a sentencing hearing is held. The judge determines the appropriate punishment, which may include fines, probation, community service, or incarceration. There also may be mandatory sentences that the judge must impose. The defense may have the opportunity to present testimony or mitigation. Note that in many cases, a sentencing hearing is avoided if there is an agreement between the prosecution and defense as to the sentence imposed, and the judge accepts the agreement.

Appeals (if applicable): The accused may have the right to appeal the verdict or sentence. This involves presenting legal arguments to a higher court. There are very limited circumstances that make a case eligible for appeal, and the legal process is quite different than a “normal” criminal case.  The process includes drafting briefs and possibly oral arguments to a panel of judges and different evidentiary rules apply.  If you believe you have the ability to appeal the outcome of a criminal case, please contact an attorney.

It's crucial to note that the specifics of each criminal case can vary, and legal procedures may be different based upon jurisdictions and judges.

If you or someone you know is facing criminal charges in Florida, contact Howeller Law P.L.L.C. today. Consultations are always free.