Getting involved in a crime or being accused of one is not a pleasant experience. It gets worse when you do not understand the process or know the following steps, leaving you open to a possible conviction that could alter your life for a long time. In Florida, criminal trials are defined by criminal laws, which are extensive in detailing how every step of the trial is to be conducted from initial arrest through conviction and appeal.
This article provides a detailed breakdown of the key processes in a criminal trial, helping you better understand and approach it.
Incident Occurrence and Arrest of the Suspect
Every criminal trial starts with the commission of a crime or the suspicion that one is about to happen. Law enforcement officers may witness the crime and immediately arrest you. Alternatively, these officers may receive credible intelligence about a crime or suspicion of a crime from the public, and then proceed to make an arrest.
“An arrest does not mean the suspect is guilty of the charges, but it is the start of a criminal trial,” says Jason Porter of Law Offices of Jason K.S. Porter, P.A..
Reading of Charges and Consideration of Bail
By law, the arresting authority must bring the accused before a judge for a first appearance. This appearance aims to read the charges against the accused and determine if the evidence before the court is enough to build a case.
Aside from reading of charges, this is also the stage where the possibility of bail or other conditions for release is discussed. Monetary bond, release on their own recognizance, or the setting of certain conditions are all options for the court.
Filing of Formal Charges and the Entering of a Plea
With the initial appearance completed, the case proceeds to the Attorney’s Office for review of all reports and evidence gathered by relevant law enforcement agencies. At this stage, the appropriate charges are determined and filed, and the office may also decide not to file any charges.
After the case has been filed in a criminal court, the defendant is arraigned before the court, charges are read to them, and they are asked to enter a guilty, not guilty, or no contest plea. In addition, the defendant’s adequate legal representation is determined; if none is present, the court assigns a public defender.
The Intricacies of the Pretrial and Trial Proceedings
With the case now taking a more serious turn, the parties enter a pretrial stage in which a formal exchange of evidence, in the form of a discovery, takes place. It is during pretrial proceedings that key legal issues, such as motions to suppress evidence and requests for additional evidence, are raised. Both parties can decide to resolve the case through plea agreements, thereby avoiding the uncertainties of a full trial.
Where parties are unable to reach such plea agreements, the case proceeds to trial, usually by jury and sometimes as a bench trial. At trial, both sides may present opening statements, present evidence, and examine witnesses. After that, a verdict of not guilty ends the case, while a guilty verdict moves the case to sentencing.
Sentencing of the Defendant and Conclusion of the Case
With conviction completed, the court proceeds to the accused’s sentencing, considering several factors. The type of crime, the defendant’s prior history, and any other mitigating factors are always considered at this stage to determine what will account for appropriate sentencing. Following sentencing, the defendant has the right to appeal to a higher court to challenge legal errors.
Conclusion
Although the criminal trial process in Florida can be complex, understanding it can be helpful when navigating the process. With this, you can know what to expect at every stage and develop a befitting strategy for each. Given the stakes, it is recommended that you contact a criminal defense attorney in Florida today to guide you.
