How do Florida court proceedings work?<\/strong><\/p>\n PRETRIAL RELEASE<\/strong> RELEASE BY POSTING BOND<\/strong> USE OF A BAIL BONDSMAN<\/strong> RELEASE ON OWN RECOGNIZANCE (ROR)<\/strong> FIRST APPEARANCE<\/strong> ARRAIGNMENT<\/strong> If you plead No Contest or Guilty at the time of Arraignment, the Judge will proceed to sentence you. NEVER plead Guilty or No Contest at Arraignment. ALWAYS PLEAD NOT GUILTY. The sentence may include such punishment as incarceration, a fine, probation, house arrest, license suspension, substance abuse treatment, etc. NOTICE OF APPEARANCE<\/strong> THE DISCOVERY PROCESS<\/strong> The Prosecutor will not be allowed to take your deposition, as you have the right to remain silent. However, the Prosecutor may depose any witnesses that your Attorney has listed for your defense. PRETRIAL HEARING<\/strong> TRIAL<\/strong> Finding The Best Criminal Defense Attorneys In Florida<\/strong> Trial Process In Florida How do Florida court proceedings work? PRETRIAL RELEASE After being arrested you will generally be released in either of two ways \u2013 Posting a Bond or Release on Own Recognizance (ROR) [this is also sometimes referred to as Pre Trial Release]. However, when arrested for DUI you generally are required to … <\/p>\n
\nAfter being arrested you will generally be released in either of two ways \u2013 Posting a Bond or Release on Own Recognizance (ROR) [this is also sometimes referred to as Pre Trial Release]. However, when arrested for DUI you generally are required to remain in jail for a minimum of eight hours from the time of your arrest.
\nYou should consult with an experienced Central Florida Criminal Defense Attorney soon after you are accused or arrested, in order to fully understand your options and your rights.<\/p>\n
\nThis option requires the posting of the entire bond (in cash or money order) at the jail. These funds will be returned to you at the end of the case, provided you appear for all court hearings, as required.<\/p>\n
\nThe alternative requires that you pay a bondsman a fee (approximately 10%) so that he will post the bond. The bondsman may also require collateral to cover the bond.
\nYou are free to travel while released on bond or ROR. This is true unless a restriction on travel is ordered by the Judge or the ROR program. Should you fail to appear for a court hearing, the Court will likely revoke the bond or ROR and issue a warrant for your arrest.<\/p>\n
\nThis form of release requires that the Judge is convinced that you will appear for all future court proceedings. No bond is required for this release.<\/p>\n
\nFirst Appearance is held in the jail within 24 hours of your arrest. You will attend this hearing if you have not already been released from the jail on bond or ROR. At the hearing, the Judge will inform you of the charges, review the charging Affidavit to determine if the minimum probable cause has been demonstrated to support your detention, discuss the hiring or appointment of an attorney, and may consider your release on bond or ROR.<\/p>\n
\nWhether or not you are released from jail on bond or ROR, or if you remain in jail because of a high bond or s \u201chold,\u201d your next court hearing is called the Arraignment. When arrested for DUI or other criminal traffic charges, a court hearing date may appear on the ticket \u2013 this hearing is also considered an Arraignment. You are required to appear at this hearing to enter a plea and advise the Court of your intentions regarding an attorney. If you are unable to afford an attorney, the Court will appoint a Public Defender at the Arraignment. If you have not already retained an attorney and that attorney has not yet filed his appearance and plea of Not Guilty on your behalf, you are required to attend this hearing.
\nAt the Arraignment, the Judge will inform you of the charges and may provide an opportunity for you to enter a plea. In the State of Florida, there are 3 possible pleas at the time of Arraignment.<\/p>\n\n
\nIf you plead NOT GUILTY, the case will then be set for a pretrial hearing.<\/p>\n
\nShould you retain an attorney, he will file a Notice of Appearance on your behalf. This document informs the Judge, the Prosecutor and the Clerk\u2019s office that your Attorney represents you. It also directs the prosecutor to forward all future correspondence to your Attorney.
\nYour Attorney should also file a written plea of Not Guilty in order to secure your right to a trial. This does not mean that the case will go to trial, only that you will have a right to a trial if you desire one. There is always the potential to settle a case, anytime prior to trial.
\nYour Attorney should also file a \u201cDemand for Discovery\u201d. This requires the Prosecutor to provide your Attorney with certain information, such as Police reports and lists of evidence and witnesses. This information is referred to as \u201cDiscovery\u201d.<\/p>\n
\nAfter the Prosecutor receives your Attorney\u2019s Demand for Discovery, he\/she is obligated to respond. Once your Attorney has received discovery, he will evaluate the information and, if permitted, will schedule a deposition of the Prosecutor\u2019s witnesses. Your Attorney may also obtain any audio or videotapes, which the Prosecutor may have.
\nA deposition involves taking sworn testimony from a witness. Depositions are usually held at a Court Reporter\u2019s office and are attended by the witnesses, your Attorney, the Prosecutor and a Court Reporter. The right to take depositions in misdemeanor cases is limited by law. Therefore depositions are most often conducted in felony cases.<\/p>\n
\nYou are not permitted to attend depositions without the approval of the Judge. You should be informed by your Attorney of the date of depositions, but unless notified otherwise, you do not need to make arrangements to attend.<\/p>\n
\nA Pretrial hearing will be scheduled several weeks after the Arraignment. A Pretrial hearing enables the Judge to determine whether or not the case can be settled. Most Judges require your presence at the Pretrial hearing. Therefore, unless you are specifically excused, you must plan to attend.
\nIf you settle your case by a change of plea at the Pretrial hearing, the Judge will normally impose a sentence at that time.<\/p>\n
\nYou may decide to take your case to trial. If that is your decision, the case may require substantial preparation. Preparation should include the review of all testimony and evidence by your Attorney. Please note that a significant number of cases do not proceed to trial; most are resolved through negotiation and plea bargain.
\nSome criminal offenses (such as violation of probation) are tried only by a Judge, not a jury. However, most criminal charges entitle you to a trial by jury. In this situation, the Judge will decide the questions of law and the Jury will decide your guilt or innocence.<\/p>\n
\nYou should consult with an experienced Central Florida Criminal Defense Attorney soon after you are accused or arrested, in order to fully understand your options and your rights. Call one of our two locations at (407) 831-1956<\/a><\/b> <\/b>or <\/b>(352) 742-9090<\/a><\/b>, for a prompt and\u202ffree consultation<\/b><\/a> with an experienced Central Florida criminal defense attorney at The Defense Group<\/b>. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.<\/p>\n","protected":false},"excerpt":{"rendered":"