The Florida Criminal Case Process and Timeline
Dec. 11, 2024
When someone is accused of a crime in Florida, they'll go through several stages in the criminal case process, which includes a series of legal and procedural steps designed to establish fairness, transparency, and justice. From the moment of arrest to the potential conviction or acquittal, each phase has specific legal requirements and timelines.
When you've been accused of a crime, it's in your best interest to reach out to a criminal defense attorney you can rely on. That's where Attorney Jeffrey Higgins comes in. At Daytona Defense, I provide clients in Daytona Beach, Florida with the legal services they need to protect their rights.
Here, I'll provide an in-depth look at the Florida criminal case process and its timeline, from the arrest and initial appearance to post-conviction matters, so you can feel confident that you know what to expect during your case.
Initial Arrest and Investigation
Law enforcement officers must have probable cause to make an arrest, meaning they must have reasonable belief based on facts that the person committed a crime. An arrest can be made in several ways:
Warrantless arrest: This occurs when law enforcement has immediate probable cause to arrest someone.
Arrest with a warrant: This occurs when law enforcement obtains a warrant from a judge based on evidence that a crime has been committed.
Following the arrest, an investigation may occur, during which law enforcement gathers evidence, interviews witnesses, and may seek additional information from the defendant. In some cases, the defendant may cooperate with law enforcement, though they're not required to do so under their Fifth Amendment rights.
It's at this time that it's crucial that you ask for a lawyer or use your phone call to contact Attorney Jeffrey Higgins. A criminal defense attorney in Daytona Beach, Florida, can help you protect your rights and may help reduce the risk of incriminating yourself.
Once the arrest is completed and you're booked, the next critical step in the Florida criminal case process is the initial appearance before a judge.
Booking and Initial Appearance
Booking and the initial appearance are crucial steps in making sure that your rights are protected. During the booking process, you'll be brought to a detention facility where police will conduct the following:
Fingerprints and photographs (mugshots): These are taken to establish an official record of your identity and alleged criminal involvement.
A check for outstanding warrants: Law enforcement will check whether you have any outstanding warrants for previous crimes, which may affect your current case or lead to additional charges.
A record of the charges: Your charges are formally recorded in order to document the case for future legal proceedings.
You'll then appear before a judge at an initial appearance within 24 hours of the arrest (not counting weekends or holidays). This is an important step in making sure your rights are upheld. During this process:
The judge informs you of the charges against you.
The judge will advise you of your right to remain silent and to seek legal counsel if you haven't done so already.
The judge may set bail or release you on your own recognizance (ROR), depending on the severity of the alleged crime and whether you're considered a flight risk or a danger to the community.
From here, the criminal case process moves into the pretrial stage, where both the prosecution and defense prepare for trial through various legal procedures and motions.
Pretrial Process
This phase can last weeks or even months, depending on the nature of the case and your rights to a speedy trial.
Arraignment
The arraignment is the first formal court appearance after the initial appearance. It typically occurs within 24 to 48 hours after the initial appearance (but can be delayed if necessary). Here, you're formally charged with the crime and asked to enter a plea. You may plead:
Guilty: Admitting to the crime and waiving the right to a trial.
Not guilty: Denying the charge and requesting a trial.
No contest (nolo contendere): The defendant doesn't contest the charge but doesn't admit guilt.
If you plead guilty or no contest, the criminal case process may move to sentencing. If you plead not guilty, the case continues to trial preparation. Consult with your Daytona Beach criminal defense attorney to determine which plea may be in your best interest. Arraignment usually happens within 48 hours of the initial appearance or arrest after which the discovery phase occurs.
Discovery
This is when both the prosecution and the defense exchange evidence that will be used in court. Florida law mandates that the prosecution must provide the defense with certain evidence that could be used in the trial, and vice versa. This includes witness statements, police reports, physical evidence, and professional reports.
During this phase, the defense may file motions to exclude certain evidence or request additional information. In some cases, the defense may seek to have charges dismissed or reduced based on legal issues discovered in the evidence. However, before the trial, the defense or prosecution may file pretrial motions.
Pretrial Motions
Pretrial motions are used to address various issues, some of which include:
Motions to dismiss: As your criminal defense attorney in Daytona Beach, Florida, I may argue that there's insufficient evidence or that the case violates constitutional rights.
Motions to suppress evidence: If evidence was obtained unlawfully, I may seek to have it excluded from the trial as your Daytona Beach criminal defense lawyer.
Motions to change venue: If you believe they can't receive a fair trial in the current location, I may request a change of venue to the judge.
It's during this pretrial process that both parties engage in plea bargaining.
Plea Bargaining
This is a negotiation where the defendant agrees to plead guilty or no contest in exchange for a lesser sentence or a reduction in charges. Plea deals help avoid the time and expense of a trial.
Discovery and pretrial motions can take several weeks or months, depending on the intricacy of the case. Plea bargaining can occur at any point during the pretrial phase. If a plea deal isn't reached, the criminal case process moves forward to trial.
Trial
The trial phase can take anywhere from a few days to several weeks, depending on the nature of the case and the number of witnesses. However, all trials begin with jury selection.
Jury Selection
In Florida, the right to a jury trial is given for criminal cases, except for certain offenses where the defendant may waive their right to a jury and opt for a bench trial (trial by judge only).
During jury selection, both the prosecution and defense have the opportunity to question potential jurors (voir dire) to make sure they're impartial. Each side can challenge potential jurors, either for cause (e.g., bias) or through peremptory challenges (without providing a reason).
Once the jury is selected, the trial begins with the opening statements, followed by the presentation of evidence.
Presentation of Evidence
The prosecution presents its case first, calling witnesses and introducing physical evidence. Afterward, the defense has the opportunity to cross-examine the prosecution’s witnesses and present its own evidence.
After the defense has presented its case, the prosecution has the option to present rebuttal evidence followed by closing arguments.
Closing Arguments
The prosecution argues that the evidence proves the defendant's guilt beyond a reasonable doubt, while I would attempt, as your criminal defense attorney in Daytona Beach, to create reasonable doubt or present a theory that contradicts the prosecution's case. After closing arguments, the jury deliberates to reach a verdict.
Jury Deliberation and Verdict
In Florida, a unanimous verdict is required for a conviction. If the jury can't reach a unanimous decision, a hung jury may result, leading to a mistrial. In that case, the prosecution may choose to retry the case or dismiss the charges.
If the jury finds the defendant guilty, the judge will schedule a sentencing hearing. If the defendant is found not guilty, they're acquitted, and the case is closed.
Trials can last from a few days to several weeks, depending on the challenging nature of the case. If the defendant is convicted, the court will move to the sentencing phase.
Sentencing
Florida's sentencing guidelines allow judges to impose various sentences, ranging from probation to life imprisonment, depending on the severity of the crime.
In Florida, certain crimes carry mandatory minimum sentences, which judges must impose regardless of the circumstances. During the sentencing hearing, both the prosecution and defense may present arguments regarding the appropriate sentence, including any mitigating or aggravating factors.
The defendant also has the right to appeal the conviction or sentence. Sentencing usually occurs shortly after the verdict, but it may take longer if a pre-sentence investigation is required. If the defendant is convicted, they have the right to file an appeal.
Appeal
The appeal process involves a higher court reviewing the trial proceedings to determine whether legal errors were made that affected the verdict or sentence. Common grounds for an appeal include errors in jury instructions, wrongful exclusion of evidence, or ineffective defense counsel.
The appeal must generally be filed within 30 days of the verdict in Florida. After an appeal, the defendant may pursue post-conviction relief.
Post-Conviction Relief
This is a legal process where the defendant challenges their conviction based on new evidence or constitutional violations that weren't raised during the trial. Post-conviction motions can lead to a reduction in the sentence or a new trial. The appeal process can take several months to over a year, depending on the court's schedule.
Contact a Criminal Defense Attorney Today
If you've been charged with a crime in Daytona Beach, Florida, or the surrounding areas, Attorney Jeffrey Higgins is there for you. I serve clients in Deland, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact me at Daytona Defense today to schedule a consultation.