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Florida criminal law · Pinellas County

Florida Criminal Law, Explained Clearly

Understand Florida criminal charges, arrest procedures, court processes, penalties, records, and your legal options with plain-language educational guides.

Often read: DUI penalties Bail and bond Felony degrees Sealing a record Your rights

Start with this guide

  • Written in plain language
  • Linked to Florida statutes and official sources
  • Every guide shows when it was last updated
  • Educational — not legal advice
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In focus

DUI in Florida

Florida DUI law, license suspensions, breath-test rules, and serious traffic offenses.

  • A DUI arrest starts two separate tracks: the criminal case and an administrative suspension of the driver license.
  • A driver generally has 10 days from the arrest to request a review of the administrative suspension.
  • Penalties rise with prior convictions, a breath- or blood-alcohol level of 0.15 or higher, or a passenger under 18.
Explore the DUI topic page
Arrest & court process

How a Florida criminal case generally moves

A simplified path from arrest to resolution. Not every case includes every stage, and timing varies widely.

  1. 01

    Arrest

    A law-enforcement officer takes a person into custody. Miranda warnings are required only before custodial interrogation.

  2. 02

    Booking

    Identification, fingerprints, mugshot, and intake at the jail. Personal property is inventoried.

  3. 03

    First Appearance

    A judge reviews probable cause, sets bond conditions, and addresses representation. The accused does not enter a plea here.

  4. 04

    Bond / Release

    Conditions of release: cash bond, surety, ROR, supervised release, or pretrial detention for serious charges.

  5. 05

    Arraignment

    The formal charging document is read. A plea is entered — typically not guilty so the defense can investigate.

  6. 06

    Discovery & Investigation

    Exchange of evidence, witness depositions, motions to suppress, and investigation of the case.

  7. 07

    Pretrial / Plea Discussions

    Plea negotiations, diversion options, motions hearings. Many cases resolve here.

  8. 08

    Trial

    Jury or bench trial. Burden of proof rests on the State beyond a reasonable doubt.

  9. 09

    Sentencing

    A judge imposes sentence — could include incarceration, probation, fines, community service, programs, or a withhold of adjudication.

  10. 10

    Appeal / Post-Conviction

    Appellate review of legal errors. Post-conviction motions, modifications, and record sealing/expungement may follow.

Florida law explained

Legal terms, in plain English

Short definitions of the words you are likely to hear in a Florida criminal case.

Full glossary
Probable Cause
The reasonable belief, based on facts, that a crime has been committed — the legal standard required for an arrest.
Miranda Warning
The warning officers must give before custodial interrogation, advising of the right to silence and counsel.
First Appearance
The hearing, required within 24 hours of arrest for a person still in custody, at which a judge reviews probable cause, addresses legal representation, and sets the conditions…
Arraignment
A defendant's first court appearance after formal charges are filed, at which the charges are read and a plea is entered (usually Not Guilty so discovery can proceed).
Bond
The security, in money or a surety’s guarantee, given to obtain release from jail while a case is pending, on the condition that the defendant returns to court…
Pretrial Intervention (PTI)
A Florida diversion program for eligible defendants, set out in section 948.08, Florida Statutes. It requires the prosecutor’s consent, and the charge is dismissed if the program is…
Withhold of Adjudication
A disposition in which the judge does not formally adjudicate a person guilty, usually while placing them on probation. The record of the case remains unless it is…
Nolle Prosequi
A formal decision by the prosecutor to drop a charge.
Misdemeanor
A crime punishable by a term in a county jail of not more than one year. Florida has two levels: second degree (up to 60 days) and first…
Felony
A crime that Florida law makes punishable by death or by imprisonment in a state prison. Felonies range from third degree, the least serious, up to capital felonies.
FAQ

Frequently asked questions

Short, general answers. Follow the links in each guide for the detail and the sources.

Is this website legal advice?

No. Everything here is general educational information about Florida criminal law. Laws change, every case turns on its own facts, and reading this site does not create an attorney-client relationship. Only a licensed attorney can advise you about your situation.

What happens after an arrest in Florida?

In general, a person who is arrested is booked into jail and, unless released first, is brought before a judge for a first appearance within 24 hours. At that hearing the judge reviews probable cause, addresses legal representation, and decides the conditions of pretrial release. Formal charges and an arraignment come later.

What is the difference between a misdemeanor and a felony in Florida?

Florida law defines a misdemeanor as an offense punishable by up to one year in a county jail, and a felony as an offense punishable by death or imprisonment in a state prison. Misdemeanors are generally handled in county court and felonies in circuit court.

How does bail work in Pinellas County?

Some people can post a bond from the bond schedule shortly after booking. Otherwise, a judge sets the conditions of release at first appearance. Those conditions can include a monetary bond, release on recognizance, or supervised release, depending on the charge and the person's circumstances.

Can a Florida criminal record be sealed or expunged?

Sometimes. Florida law allows certain records to be sealed or expunged, but the rules are strict: a person who has been adjudicated guilty of a crime in Florida generally does not qualify, and some offenses are excluded entirely. The process starts with a Certificate of Eligibility from the Florida Department of Law Enforcement.

What if I cannot afford an attorney?

A person charged with a crime that carries possible jail or prison time, and who cannot afford a lawyer, can ask the court to appoint the public defender. The request is usually made at first appearance and involves a financial affidavit.

Do I have to testify at my own trial?

No. The Fifth Amendment and the Florida Constitution protect a defendant from being compelled to testify. The State carries the burden of proving the charge beyond a reasonable doubt.

What is a withhold of adjudication?

It is a disposition in which the judge does not formally adjudicate a person guilty, usually while placing them on probation. A withhold does not erase the record of the case, and Florida law limits when a judge may withhold adjudication in felony cases.

How we work

Built to be checked

Legal information is only useful if you can verify it. Here is how these guides are put together.

  • Primary sources first

    Guides cite the Florida Statutes, court rules, and official agency pages, and link to them so you can read the original.

  • Plain language

    Legal terms are defined where they appear, and every definition links to the glossary.

  • Dated and corrected

    Each guide shows when it was last updated. If you spot an error, tell us and we will check it against the source.

  • Education, not advice

    We are not a law firm. Nothing here is legal advice, and only a licensed attorney can advise you about your case.

Need help with a criminal-law question?

Learn what information to gather before speaking with a Florida attorney, and build a checklist of questions to bring with you.

If you cannot afford a lawyer, you can ask the court to appoint the public defender. The Florida Bar also runs a statewide lawyer referral service.