Stages in Florida Criminal Proceedings

You may not know what to expect if you have been criminally charged, and this is very stressful. While it is not the only difficulty during criminal procedures, contacting a Fort Lauderdale criminal defense lawyer can relieve much of your stress and help you prepare for the process. Below, our experienced attorney outlines the stages in Florida criminal proceedings, so you can be better prepared.

Arrest, Notice to Appear, or Summons 

Many criminal cases start with an arrest. If an officer has probable cause to believe you committed a crime, they may take you into custody. In this event, you may have to remain in county jail until the next phase of your criminal case begins.

There are also times when someone is given a Notice to Appear by law enforcement after an interaction. While a Notice to Appear may look like its just a ticket, it is technically an arrest for a criminal offense.  If you fail to address it, you could have a warrant issued for your arrest and face even more serious consequences.

Lastly, some people may receive a summons in the mail. The summons states that the individual is facing criminal charges, even though they have not been arrested.

First Appearance

 State law requires that anyone arrested for a crime must appear before a judge within 24 hours. This hearing is known as the First Appearance. You have the right to appear with your criminal defense lawyer. You can also tell the court that you are going to hire an attorney, or a public defender will appear on your behalf.

During the First Appearance, the judge will advise you of the charges against you and make a probable cause determination on your arrest. They will also typically set a bond amount and advise you of any other pretrial release terms. A lawyer can help persuade the judge to set a lower bond amount or to release you on your own recognizance or other non-monetary conditions.

Arraignment 

During an arraignment, you are told of the exact charges the prosecution has filed against you. You have the opportunity to challenge the state’s case and to enter a plea. Pleading guilty during an arraignment can significantly harm the rest of your case. Your lawyer can advise on the best plea and waive your appearance at the arraignment, if you wish.

Discovery

Should your lawyer elect to participate, during the discovery period, both sides exchange information and evidence with each other. The evidence obtained during discovery can help your lawyer develop defenses, find legal arguments to challenge the evidence against you, or identify inconsistencies that weaken the prosecution’s case. Your lawyer will also negotiate with the prosecutor during this phase to see if a favorable resolution is possible.

Plea Agreement 

Your lawyer and the prosecution may enter into plea agreement negotiations. During this time, your lawyer will attempt to “work a deal” with the State to avoid the need and risk of a trial in exchange for an agreed-upon sentence in your case.  This could involve the State changing the charges against you to something lesser, avoiding prison or jail time, or even just a reduced amount of time spent on probation.  Your lawyer will discuss the various options with you before any plea agreement is reached with the State.

Our Criminal Defense Lawyer in Fort Lauderdale Can Help You Through the Process 

Our Fort Lauderdale criminal defense lawyer at Haber Blank understands the stress associated with being arrested. We will use our expertise to guide you through the process and help you obtain the best outcome possible. Call us today at 954-767-0300 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI