Arrested or Facing Charges in Florida? Here’s What You Need to Know

Arrested or Facing Charges in Florida? Here’s What You Need to Know.

If you’ve just been arrested or someone you love is facing charges, you’re probably feeling scared, overwhelmed, and unsure what happens next. That’s completely normal. Being thrown into the criminal justice system is disorienting, especially if this is your first time.

The good news? You’re not alone, and there are steps you can take right now to protect yourself, your rights, and your future.

This guide is here to help. We’ll walk you through what typically happens after an arrest in Florida, what the charges mean, and how to get the right kind of help explained in plain, straightforward language.

Common Criminal Charges in Florida

Florida sees its fair share of criminal cases every year. Some charges are more common than others, here are a few you or your loved one might be dealing with:

• DUI (Driving Under the Influence): Even a first offense can lead to a license suspension, fines, or jail time. And the penalties only go up if your BAC is high or you’ve had previous arrests.

• Drug Possession: Florida doesn’t go easy on drug crimes. You could be looking at felony charges even for a small amount, especially with controlled substances like meth, cocaine, or prescription pills without a valid prescription.

• Theft and Shoplifting: If the value is under $750, it’s usually a misdemeanor. Over that? You’re likely facing a felony.

• Assault or Battery: Simple threats count as assault. Physical contact, especially with injury or a weapon increases the charge to battery or even aggravated battery.

• Domestic Violence: These cases can escalate fast. Even without a conviction, you might face no-contact orders and serious consequences related to your job, family, or rights.

Misdemeanor vs. Felony: What It Means in Florida

In Florida, criminal charges fall into two main buckets: misdemeanors (less serious) and felonies (more serious). But even a misdemeanor can carry lasting consequences.

Misdemeanors:

• Second-degree: Up to 60 days in jail + $500 fine (think petty theft under $100)

• First-degree: Up to 1 year in jail + $1,000 fine (simple battery, first-time DUI)

Felonies:

• Third-degree: Up to 5 years in prison + $5,000 fine (drug possession, grand theft)

• Second-degree: Up to 15 years + $10,000 fine (aggravated battery)

• First-degree: Up to 30 years, or life for certain crimes (armed robbery)

• Capital felony: Life without parole or the death penalty (first-degree murder)

Sentences vary depending on your record, the evidence, and how your case is handled. This is why having the right lawyer matters.

What Happens After an Arrest in Florida

Here’s what the process usually looks like once someone is arrested in Florida:

1. Booking: You're taken to jail, fingerprinted, photographed, and processed.

2. First Appearance: Within 24 hours, a judge looks at your case and decides whether you’ll be released on bail.

3. Arraignment: You’ll enter a plea: guilty, not guilty, or no contest.

4. Pretrial: Your lawyer reviews the evidence and may negotiate with the prosecutor. A plea deal could be offered.

5. Trial or Plea: If no deal is made, you go to trial. Many cases are resolved before this step.

6. Sentencing: If convicted, a judge issues your sentence based on Florida’s guidelines.

The process moves quickly, and decisions made early on can shape the entire outcome.

Do You Really Need a Lawyer?

Yes, absolutely. Even what seems like a minor charge can spiral into something with long-term consequences. In Florida, a misdemeanor conviction can stay on your record forever, affecting jobs, housing, or even child custody. And if it’s a felony? The stakes are significantly higher.

An experienced criminal defense lawyer can make a real difference. They can:

• Challenge how evidence was collected (or if it was collected correctly)

• Argue to reduce or dismiss charges

• Help you navigate options like diversion programs or a withhold of adjudication

In many cases, having the right attorney can mean the difference between jail time and a second chance.

Need help fast? Compare highly rated attorneys using Justia’s directory of criminal defense lawyers in Florida. You can review profiles, ratings, and practice areas all in one place.

Or, if you want to stick with official channels, you can also search the Florida Bar’s lawyer directory to find a certified criminal defense attorney in your area.

Public Defenders in Florida: What You Should Know

If you can’t afford a private lawyer, the court might assign you a public defender. These attorneys are experienced and know their way around Florida’s court system, but they’re also juggling dozens of cases at once.

You’ll have to fill out a financial affidavit and meet certain income limits to qualify. If approved, your lawyer will represent you at no (or low) cost, but be aware their time may be limited.

What Penalties Could You Face?

Every case is different, but here’s a quick look at some of Florida’s common sentencing guidelines:

Your lawyer may be able to reduce or dismiss some charges altogether, especially if it’s your first offense.

Can You Get a Criminal Record Expunged in Florida?

Yes, you might be able to but it depends on how your case ended. In Florida, you can request to expunge or seal your record if:

• You were never convicted

• The charges were dropped or dismissed

• You meet certain eligibility requirements

Convictions typically can’t be expunged. The process takes time and involves an application through the Florida Department of Law Enforcement.

Learn more about the expungement eligibility from the Florida Department of Law Enforcement (FDLE)

Not sure where to start? Here are 5 of the best expungement lawyers in Florida (2024 list)

First-Time Offenders: Is There Leniency in Florida?

In many cases, yes. If this is your first arrest, you might qualify for:

• Pretrial Diversion (PTD): Complete classes, counseling, or community service and the charges may be dismissed.

• Deferred Prosecution: An agreement with the prosecutor that puts your case on hold while you meet certain conditions.

• Withhold of Adjudication: You plead guilty or no contest, but you aren’t officially “convicted.” This can help you avoid a record.

These options are often available for non-violent, low-level crimes, but you still need a lawyer to advocate for you.

How Much Does a Criminal Lawyer Cost in Florida?

Legal fees depend on the type of case and its complexity:

• Misdemeanors: $1,500–$5,000

• Felonies: $5,000–$25,000+

• Serious or complex cases: $25,000–$100,000+

Many criminal defense lawyers in Florida offer free consultations, and some allow payment plans to make things more manageable.

Get Help Right Now

If everything feels like it’s happening too fast, you're not imagining it. After an arrest, things move quickly, and it can feel like you're already falling behind. But here’s the good news: you still have time to take control.

The right legal help can step in early, before charges stick or the case spirals. A lawyer can talk to the prosecutor, look at how evidence was gathered, and guide you toward options that may keep your record clean or even get the case dismissed.

And if you're worried about cost, you're not out of luck. Florida has resources to help.

You can visit the Florida Courts Legal Aid page to find local organizations offering free or low-cost legal help. Whether you're in Miami, Tampa, or a small town, there are people who can stand with you.

You don’t have to figure this all out alone. Reaching out today—even just for a conversation—can give you peace of mind and help you move forward with a clear plan.

People Also Ask

What happens after you're arrested in Florida?
You’re booked, brought before a judge within 24 hours, and either released or held. From there, the case moves to arraignment, discovery, and possibly trial or plea.

Can a first-time felony be dropped in Florida?
It’s possible. Your lawyer might negotiate a reduced charge, deferred prosecution, or dismissal depending on the case details.

How long does a misdemeanor stay on your record in Florida?
Unless it’s expunged or sealed, it stays on your record permanently—even if it was a minor charge.

Is jail mandatory for a first DUI in Florida?
Not always, but it’s possible. Florida has minimum sentencing laws for DUI, especially if your BAC was high.

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• Arrested or Facing Charges in California? Here's What You Need to Know

• Arrested or Charged in Texas? Your Legal Rights and Options Explained