The Florida Criminal Case Process and Timeline

The criminal justice system in Florida can be challenging to understand, especially if you or a loved one is facing charges for the first time. From arrest to potential trial, each step in the process comes with its own set of rules, deadlines, and legal procedures.

Knowing what to expect can help ease uncertainty and make sure your rights are protected every step of the way. Thankfully, an experienced criminal defense lawyer has the resources to help you feel safe and secure during your case. 

Here, I'll break down the criminal case process—what happens, when it happens, and why it matters—so you can better understand how the system works and what the typical timeline looks like in the event that you're arrested in Daytona Beach, Florida, or the surrounding areas.

Arrest and First Appearance

The criminal case process in Florida starts with an arrest, which can occur in two primary ways:

• Warrant arrest: Law enforcement obtains a warrant from a judge based on probable cause.

• Warrantless arrest: Officers may arrest someone on the spot if they witness a crime or have probable cause to believe a crime was committed.

After the arrest, the individual is typically taken to a local jail for booking, where their personal information is recorded, fingerprints are taken, and the alleged offense is documented.

Within 24 hours of the arrest, the accused must appear before a judge for what’s called a first appearance. At this hearing, the judge reviews the arrest to determine if there was probable cause and decides whether to grant bail, deny it, or set conditions for release. 

If the accused doesn't already have a criminal defense lawyer, and if they meet financial qualifications, the court may appoint a public defender. This hearing is crucial because it assures that the person’s constitutional rights are upheld early in the process and can impact their ability to remain free while awaiting trial.

Formal Charges and Arraignment

After the initial court appearance, the case is turned over to the State Attorney’s Office, which evaluates the evidence and decides whether to file formal charges. This can take days or weeks, depending on the nature of the offense and the intricacy of the case. 

For misdemeanors, charges are generally filed within 21 days. For felonies, the prosecutor must file within 21 days if the defendant is in custody or up to 90 days otherwise.

If the prosecution chooses to move forward, they'll file either a charging document called an “Information” (for most cases) or seek an indictment through a grand jury (typically for capital felonies).

Once charges are officially filed, the next step is the arraignment, a formal court proceeding where the defendant is informed of the charges and asked to enter a plea. This typically occurs within 30–45 days after arrest or the filing of charges.

Most defendants, particularly those represented by a criminal defense lawyer, enter a plea of "not guilty" at this stage to allow for further negotiation, investigation, and legal motions. 

The arraignment also marks the official start of the adversarial legal process and sets the tone for pre-trial proceedings. It’s often a brief appearance, but it plays an essential role in moving the case forward.

Pre-Trial

Following arraignment, the case enters the pre-trial phase, where both the defense and prosecution gather evidence, exchange discovery materials, and file motions. Pre-trial motions can challenge the legality of evidence, request dismissal of certain charges, or even move to suppress statements made by the defendant. 

During this period, plea negotiations often take place, with the goal of resolving the case without going to trial. 

A significant percentage of Florida criminal cases are resolved through negotiated pleas, which can lead to reduced charges or lighter sentences. Pretrial conferences can be scheduled multiple times before trial, often every 30–60 days.

Discovery and Evidence Exchange

Once formal charges are filed, the case moves into the discovery phase. This is a critical part of the process where both the defense and prosecution are legally required to share information and evidence they intend to use at trial, including:

• Police reports

• Witness statements

• Surveillance footage

• Professional opinions

• Lab results

In Florida, the rules of criminal procedure mandate an open discovery process, which means the prosecution must disclose a wide range of evidence, even if it may be favorable to the defense. 

The defense, in turn, may be required to share witness lists or reports if they intend to present them at trial. This stage is often where the strength or weakness of the case becomes clearer to both sides, and it can heavily influence whether a plea deal is pursued, or the case goes to trial. 

A criminal defense lawyer can use this time to conduct their own investigations, including interviewing witnesses and hiring private professionals. Discovery can take weeks to months, depending on the nature of the case.

Plea Negotiations and Change of Plea

During or after discovery, many criminal cases enter a phase of plea negotiations, also known as plea bargaining. This is a discussion between the defense and prosecution to resolve the case without a trial. 

The defendant may agree to plead guilty or no contest to a lesser charge or in exchange for a reduced sentence. Plea deals can benefit both sides—the prosecution secures a conviction without the cost of a trial, and the defendant often receives a more favorable outcome than they might after trial.

If a plea deal is reached, the defendant will attend a change of plea hearing, where the court assures that the plea is entered knowingly and voluntarily. 

The judge will ask a series of questions to confirm the defendant understands the charges, the rights they’re giving up (like the right to a trial), and the terms of the agreement. If approved, sentencing may occur at the same time or be scheduled for a future date.

Trial

If the case isn't resolved through a plea deal, it proceeds to trial. In Florida, a defendant charged with a misdemeanor or felony has the right to a jury trial, unless they waive that right in favor of a bench trial (trial by judge). Trials may last from a single day to several weeks and usually take place at least six months after arrest.

Appeals and Post-Conviction Relief

If a defendant is convicted at trial or through a plea agreement that leads to unexpected consequences, they may explore post-conviction options. 

The first route is often a direct appeal, where the defense asks a higher court to review the trial for legal errors, such as improperly admitted evidence, misstatements of the law, or violations of constitutional rights. Appeals must generally be filed within 30 days of sentencing and focus strictly on errors that occurred during the court proceedings.

In cases where a direct appeal isn’t successful or applicable, other forms of post-conviction relief may be pursued. These include motions to withdraw a plea, petitions for ineffective assistance of counsel, or newly discovered evidence that could impact the verdict. 

Florida law also allows for sentence modifications under certain circumstances, such as cooperation with authorities or changes in sentencing laws. While appeals and post-conviction motions are challenging and rarely successful without strong legal grounds, they serve as an important safety net in the justice system.

Contact a Criminal Defense Lawyer

If you've been charged with a crime in Daytona Beach, Florida, or the surrounding areas, don't hesitate to reach out to an experienced criminal defense lawyer at Daytona Defense. I serve clients in DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact me today to schedule a consultation.