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The Criminal Process

The criminal process might seem pretty simple on the surface – you get arrested, you get charged, you get sentenced. But there are actually many other steps in between what you see on the news, and a lot of legal jargon to sort through just to know what’s going on. 


Preliminary Investigations


When evidence or tips suggest a crime has been committed, the corresponding law enforcement officers investigate to see what happened. This could involve gathering statements from witnesses, interviewing friends and family members of those involved, speaking with experts, and searching the crime scene or related locations for evidence. 


You may or may not be involved in these investigations. Depending on the case, the investigators may reach out to you for an interview, or they may avoid contacting you to prevent you from fleeing. 


The Arrest or Notice of Appearance


Once there’s enough evidence or reason to believe you have committed a crime, you can either be arrested or issued a notice of appearance. 


A notice of appearance is a court summons informing you that you must appear in court at a certain time, where you will answer charges relating to the crime. If you don’t appear, the judge will likely issue a bench warrant for your immediate arrest. However, notice of appearances can only be issued when the crime in question is a minor misdemeanor. For all other crimes, an arrest must be made in person. 


Arrests begin with law enforcement officers approaching you and confirming your identity. Then they will announce that you are under arrest, and your Miranda rights will be recited aloud. As your rights are being read, you will likely be handcuffed and taken to the police officers’ vehicle. From there, you’ll be driven to the local authority’s jail house.


Jail and Bond/Bail


Once you arrive at the jail house, you’ll be processed by having your picture taken and your fingerprints imprinted. 


Your first appearance before a judge will be scheduled within 24 to 48 hours. There, the judge will tell you what you’re being charged with, assign you a public defender if you can’t afford one for yourself, and either set your bail or release you on your own recognizance. 


Your bail is an amount you pay to the court as insurance that you won’t try to flee before your trial. If you do not (or cannot) pay bail, you will be kept in prison until your trial. 


If the judge chooses to release you on your own recognizance, you will be allowed to return home to await your trial without paying bail, with the expectation that you won’t flee.


In some cases, the judge may have you kept in jail with no bail or release options at all. 


Staying in jail is an undesirable outcome, and our justice system can be incredibly slow. That’s why it’s vital to have an experienced defense attorney present at this first appearance to advocate on your behalf. 


Investigation and Arraignment


Whether you post bail or remain in jail, your next court appearance will be at your arraignment, which is usually scheduled within 3 to 4 weeks. 


During those weeks, the State attorney’s office will conduct their own investigation and determine what specifically you are to be charged with. Your lawyer may be able to contact the prosecuting attorney at this time to try to get the charges dropped, secure lower charges, or organize a plea deal. 


When your arraignment arrives, you’ll be required to appear in court. A judge will read out the official charges determined by the State’s attorney, and you will have an opportunity to enter a formal plea of guilty, not guilty, or no contest. 

 

Discovery and Pre-Trial Conferences


During the discovery period, you and your legal representation (if any) have the right to view any and all evidence the State attorney’s office collected during their investigation. You’ll also have the opportunity to present counter evidence. Discovery is also another chance for your lawyer to speak with the prosecution to negotiate a plea agreement. 


The duration of discovery depends on the seriousness and complexity of your case. Because discovery can take anywhere from a few weeks to a year or longer, a pre-trial conference must be scheduled every 4 to 6 weeks.


Plea Negotiation


Generally, the goal of discovery is for your attorney and the State’s prosecutor to come to an agreement without having to go to trial. This might involve pleading guilty to a lesser charge to avoid the more severe crime you’ve been charged with, or securing a lesser sentence if you agree to plead guilty.


It’s important to note that, if you accept a plea agreement, you will forfeit your right to a trial. Plea deals are generally only accepted when the evidence against you is significant, and your chances of securing a not-guilty verdict is slim to none.


If no plea deal is reached, you will either have to plead “open” or take the case to trial. Pleading open means that you weren’t able to reach an agreement with the state, but you aren't going to fight the charges. It will then be up to the court’s discretion to sentence you for your charges. 


Trial and Sentencing


If no plea agreement can be reached and you do not wish to (or are advised by your attorney not to) plead open, you will go to trial. The prosecution will be required to prove beyond reasonable doubt that the crime was committed. Both sides will have the opportunity to present evidence and interview witnesses, as well as provide opening and closing statements to the jury. 


The jury will then vote on a verdict. If you are found not guilty, you are released without any fines, probation, or incarceration. 


If you are found guilty, the case will move on to sentencing, where the presiding judge will decide what specific consequences you will face. Florida law mostly dictates a minimum and/or maximum fine and imprisonment duration for certain crimes, leaving the specific amounts up to the judge’s discretion.


Once the judge has reviewed the case and made their decision, your verdict and subsequent sentencing will be announced in court.


Kissimmee Criminal Process Defense Lawyers


At every step in this process, there are opportunities for an experienced defense attorney to step in on your behalf. At Hanlon Law in Kissimmee, our legal team has nearly twenty years of experience in and out of the courtroom. Contact us today to schedule a free consultation.

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