The Legal Process for Criminal Proceedings in Florida

Court proceedings in Florida happen in six stages. Each stage has a specific purpose and carries a different weight within the eyes of the law. The stages are:

First Appearance

After a suspect is arrested, they are charged with certain offenses. The first appearance in court ensures that the judge informs the defendant of their charges and rights. A judge also reviews the police reports and may set a price for the bond. They may also release the defendant from police custody, depending on the nature of the case. The law demands that persons arrested and cannot post bond are entitled to appear before a judge within a 24-hour period. It prevents them from being unjustly detained.

Arraignment

An arraignment is a second appearance before a judge. This appearance usually requires the defendant to have legal representation. However, a judge may inform defendants of their right to legal representation if they do not have an attorney present. Judges can also assign public defenders to defendants if they cannot afford private attorneys. Defendants also enter a formal plea during an arraignment. 

Pre-trial Conference

The next stage of the court process is the pre-trial conference, where all parties involved in the case meet and file their respective motions. The defense may request the court to reduce charges levied against its client. The defense may also request that the court exclude some of the evidence presented or ask for more time. Pre-trial conferences also determine whether to involve a jury in the case. The defense can also submit a motion to dismiss should the evidence presented before the court prove insufficient to warrant a trial.

Plea or Trial

After both sides of the aisle understand the core contents of their case, the defense may decide to enter a plea deal, where they plead guilty or no contest in return for leniency from the prosecution. However, if the defendant chooses to argue their case in court, the case moves to a trial. The trial may or may not include a jury, depending on the charges.

Pre-sentence Investigation

The court will call a probation officer to conduct interviews if the defendant is found guilty of any charges brought against them or enters a guilty plea. Presentence investigations typically take information like family history, community ties, employment histories, mental, physical, and mental health, and substance abuse history. The probation officer will then prepare a pre-sentencing report. The pre-sentence report may have some implications for the defendant’s sentencing.

Sentencing

Depending on the district, the pre-sentencing report may recommend the defendant’s sentence. The judge may call upon the probation officer to answer questions about the sentencing report during the sentencing hearing. After sentencing, the pre-sentence reports are also used by the Bureau of Prisons to determine which institutions suit the offender.

Get in Touch With an Attorney

The criminal justice system can be intricate to navigate without proper representation, a criminal defense lawyer can help you with the process. They will ensure your rights are not violated throughout the process and put up a defense for you. Criminal defense attorneys are required by law to fight for their client’s freedom. Therefore, the sooner you contact a criminal justice lawyer, the better your chances of getting a positive outcome from the criminal proceedings.

Sandra Brookover