The Florida criminal charge process can be broken down into four main steps
The process begins when a person is arrested by law enforcement officers. The arrest occurs when there is probable cause that the individual has committed a crime. Once arrested, the individual is typically taken to jail for booking, which involved recording personal information, taking fingerprints, and photographing the individual.
After the arrest, the defendant will be brought before a judge for a first appearance usually within 24 hours after the arrest). During this hearing, the judge will explain the charge(s), inform the defendant of their rights, and set the bond amount, if the judge determines that the defendant can be released from jail before their trial. If the charge is serious or the defendant is considered a danger to the community or a flight risk, release may be denied.
The next step is arraignment, which can also occur at first appearance for misdemeanors. During the arraignment, the defendant enters a plea (guilty, not guilty, or no contest) to the charges. If the defendant pleads not guilty, the case moves to the pretrial phase, where both the prosecution and defense engage in discovery, share evidence, and may file motions. This phase may also involve negotiations for a plea deal or settlement. If no agreement is reached, the case proceeds to trial.
If the case proceeds to trial, the prosecution and defense present their evidence and arguments in front of a judge or jury (if the defendant has demanded a jury trial). After the trial, the jury deliberates and returns a verdict of “guilty” or “not guilty”. If the defendant is found guilty, sentencing will follow, and the judge will determine the appropriate punishment, which may include fines, probation, imprisonment, or a combination of all of them. If the verdict is not guilty, the defendant is free to go.
The fees do not include court costs and fines. If the case proceeds to trial, then the fee doubles.