An arrest, based on a report, is where most criminal cases begin. From here, the legal process begins to take form. In Florida, the process has a fixed sequence, each step having its own importance. Therefore, knowing what occurs from the time of arrest to a possible trial is beneficial. It can transform fear into knowledge and unknown expectations into adequate preparation.
This step-by-step guide provides an overview of what to expect during a criminal case in the state of Florida.
The Arrest or Notice to Appear
“An arrest is the initiation of a criminal case, involving the placement of the accused in custody,” says Douglas I. Leifert of Leifert & Leifert. In Florida, there are different reasons why an arrest might happen. It could be because an arrest warrant exists, the police officer witnessed the offense, or there was probable cause. If it is for a minor offense, the person gets a notice to appear at a specific time and place.
Filing of Formal Charges
After the initial arrest, the State Attorney's Office thoroughly reviews the evidence. This is to determine whether there is sufficient evidence to charge the accused person formally. In the absence of adequate evidence to prove the case, it might be dropped at this stage. However, if there is compelling evidence, the State can proceed to file formal charges, which begins the case properly.
Arraignment of the Accused
Arraignment follows the filing of formal charges, and it is at this stage that the details of the offense are read to the accused. That way, they know what they are being charged for and can respond accordingly. The offense and the punishment as prescribed by law are mentioned to the accused, who is then asked to take a plea.
Typically, the accused can plead guilty to the charges or plead not guilty and contest them. Where a plea of not guilty is entered by the accused, a proper criminal case is commenced with the initiation of pretrial proceedings.
First Appearance and Bail Hearing
After arrest, the defendant must be brought before the judge for a bail hearing to determine whether they should be granted bail. At the hearing, the judge reads out the charges and informs the accused of their rights and obligations as provided by law. The judge may also set bail or pretrial release conditions. This depends on the gravity of the offense and the accused person’s previous criminal record or flight risk.
The Pretrial Proceedings
Pretrial proceedings are where evidence and other vital documents are shared between the defense and prosecution attorneys. Disclosure is vital at this stage because it prevents parties from throwing surprises at themselves in court.
The Criminal Trial
The trial stage is the stage at which your arguments are presented to a jury. It begins with the selection of a jury, where impartial individuals are chosen from a pool of potential jurors. Afterwards, both parties in the case give an opening statement as a prelude to the arguments they will present.
The parties then proceed to argue their cases, call their witnesses through a process of examination, cross-examination, and re-examination. The trial concludes with closing arguments from both sides, and the jury then renders its decision.
Sentencing Where Guilt is Established
If found guilty, the accused is sentenced in accordance with the law, taking into account the severity of the offense. Sentences range from fines and probation to community service and incarceration.
Appeals Upon Dissatisfaction
An appeal occurs when an individual is dissatisfied with how the trial was conducted and believes they were wrongly sentenced. Here, the judges examine whether the law has been applied incorrectly or if any essential rights have been violated. An appeal, if successful, would result in a retrial, a reduced sentence, or the charge being dropped.
Conclusion
Understanding the steps involved in a criminal case helps one to comprehend it better when in that situation. However, regardless of your knowledge, it is still recommended to get the services of a criminal defense attorney. With this help, you can present your case to the jury, hoping to convince them to see things in your favor.
