TL;DR
A Florida criminal case moves through arrest → first appearance → arraignment → discovery → pretrial → resolution (plea, trial, or dismissal). Most cases resolve at pretrial through pleas or diversion; the rest proceed to jury trial where the State must prove every element beyond a reasonable doubt.
Stage 1 — Arrest and booking
An officer takes you into custody based on probable cause. You are processed at the jail. See our first arrest walkthrough.
Stage 2 — First appearance and bond
Within 24 hours. Judge reviews probable cause and sets bond conditions. No plea is entered at this hearing. Counsel may appear and argue for reasonable release conditions.
Stage 3 — Filing decision and arraignment
The State Attorney decides whether to formally file charges. In Florida this is usually done by Information (or by grand jury indictment for capital cases). At arraignment the formal charges are read and a plea is entered — usually Not Guilty, so discovery and motions can proceed.
Stage 4 — Discovery and investigation
Florida has broad criminal discovery under Rule 3.220. The defense receives witness lists, statements, reports, lab results, body-cam footage, and may depose officers and other witnesses. Brady material (exculpatory evidence) must be disclosed by the State.
Stage 5 — Motions
Common motions: motion to suppress (to exclude evidence from unlawful searches), motion in limine (to limit what jury hears), motion to dismiss (legally insufficient charges). A winning suppression motion can resolve the case.
Stage 6 — Pretrial conferences and plea discussions
Most cases resolve here. Plea options range from charge reductions to diversion programs to negotiated sentences. Counsel evaluates each offer against the State’s evidence, sentencing exposure, and your priorities.
Stage 7 — Trial
Florida criminal defendants have a constitutional right to a jury trial. The State must prove every element beyond a reasonable doubt. You have no obligation to testify. Trial includes jury selection (voir dire), opening statements, the State’s case-in-chief, the defense case, closings, jury instructions, deliberation, and verdict.
Stage 8 — Sentencing
After a guilty plea or conviction the court imposes a sentence under the Criminal Punishment Code scoresheet. Mitigation evidence — employment, treatment, support letters, completed coursework — matters.
Stage 9 — Appeal and post-conviction
A notice of appeal must typically be filed within 30 days. Other post-conviction motions include sentence modification, early termination of probation, and sealing/expungement where eligible.
Common questions
How long does a Florida criminal case take? Misdemeanors: months. Felonies: often a year or more. Speedy-trial rules exist but are routinely waived to give the defense time to investigate.
Will I have to attend every hearing? Routine hearings can often be waived in writing by counsel. Trial-related hearings generally require your attendance.
When to consult an attorney
Each stage has decision points that benefit from experienced counsel. Use our consultation-prep tool to build a question checklist before meeting with an attorney.
Related guides
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.