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Anatomy of a Florida Criminal Case

Although a criminal case can begin in a number of ways, the most common is if an individual is arrested (after issuance of a warrant or because of their behavior), or if an individual is given a notice to appear in court. If a person is arrested, and unable to bond out, then they will be seen by a judge within 24 hours of their arrest at a “First Appearance.” If they are able to bond out, or are merely issued a notice to appear, then their first court appearance will be an “Arraignment.” These court appearances and other aspects of a criminal case are explained below.

First Appearance:

The first appearance is held within twenty-four hours of arrest, at the jail, in those cases that result in incarceration and the defendant is not able to post bail. At this time, the defendant is advised of the reasons for their arrest, and a date is set for a docket sounding or an arraignment. Lots of defendants like to try to plead their case with the judge at this time, in an effort to get released from custody. It is imperative that you exercise your right to remain silent at this time, as any comments you make are recorded and can be used against you by the State Attorney.

Arraignment:

The purpose of the arraignment is to advise the defendant of the charges against them, and to receive their plea on those charges. Unless we have negotiated a plea with the State Attorney that is acceptable to you and in your best interests, our office maintains a policy to enter a not guilty plea on your behalf at the arraignment. If retained, we can file the appropriate paperwork so that you will not have to appear in Court at your arraignment.

At the arraignment, the court will set the case for a pre-trial conference, or will schedule an actual trial date. Depending on the number of cases pending before the particular court, this may vary anywhere from three to eight weeks.

Investigation and Discovery:

If our office is hired prior to arraignment, we will discuss with you whether or not we should participate in “discovery.” In almost every case, we file a notice of discovery with the court, thereby electing to participate in the discovery process. Under the Florida Rules of Criminal Procedure governing “discovery,” the prosecutor must supply our office with valuable information about your case, including copies of police reports and a list of witnesses who have knowledge of the case. Only when we have this information can we determine what evidence the State has against you and prepare to meet the charges against you in earnest.

At the same time, our office will begin to locate and contact any witnesses, including those whose names and addresses you may have provided to us at your initial consultation. Witnesses need not be eye-witnesses to any alleged acts or happenings, but they may be persons who could testify as to your whereabouts at the time, or who could testify to any circumstances which may tend to show absence of guilt, or which may tend to show that the crime actually committed was not as serious as the prosecutor alleges. It is vitally important that our office or you contact potential witnesses as soon as possible to find out what they know and how they can help your case.

Motion Practice:

Once we receive the police reports and other discovery materials from the State Attorney, we will discuss the evidence they have against you and determine whether any pre-trial motions need to be filed. Motions are a very powerful tool to use in when attempting to resolve your case. One of the most common motions is a Motion to Suppress. A Motion to Suppress is used when we feel, based on our discussions with you and on our review of the police reports, that there was illegal conduct by the law enforcement officers that investigated your case. Illegal activity by law enforcement officers or other government agents is very common during the course of traffic stops, when there has been a seizure of property such as drugs or other contraband, or when a defendant makes statements to police officers while in custody.

If a motion to suppress is granted, the court will have to suppress the evidence that was illegally obtained. If the State Attorney cannot proceed without this evidence, in many cases the charges may be dropped. It is imperative that you not speak to any law enforcement officers if they attempt to question you until after you have consulted with an attorney.

Plea Negotiations:

In addition to the regular investigation done on a case, it is our policy to discuss your case with the prosecutor who is handling it. They will usually cooperate in giving us some idea of the strength of the case against you. We will investigate the possibility of a plea, regardless of whether or not you have expressed interest in a plea. In some cases, you may decide that a plea of guilty or nolo contendere (no contest) is in your best interest. You always have a constitutional right to a jury trial.

Our job is to place all of the facts in front of you and explain to you possible sentences if you are seriously considering a plea, but deciding to enter a guilty or no contest plea is your decision and your decision alone. If, at any time during the investigatory process our clients feel that they may be interested in a plea, we encourage them to advise our office and we will proceed with negotiations as soon as possible.

Trial:

Although a large percentage of criminal cases are resolved prior to trial, other cases do end up going to trial. If we feel that you have a strong case for trial, we will advise you of that. Additionally, we will explain to you how the trial will work, and the procedures that are followed. We want our clients to make informed decisions regarding whether or not they should proceed to trial. There are many factors to consider when making this decision, including potential adverse outcomes, financial costs involved, and likelihood of success. All of these factors, and many more, will be explained to our clients before we allow them to decide whether or not they would like to proceed to trial.

If you have any questions about your criminal case, contact Orlando criminal attorney James Hart to schedule a free consultation.

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Law Offices of James W. Hart
809 Irma Avenue, Suite 3
Orlando, FL 32803

Phone: 407-839-4340
Fax: 407-386-7474

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