Steps in a Florida criminal case

Arrest or notice to appear

A case usually starts one of two ways. An officer with probable cause can arrest you and send the charge to the clerk of court. For many lesser offenses, an officer can instead hand you a notice to appear, a written promise to come to court on a set date rather than being taken into custody.

The State decides whether to charge

An arrest is not the same as a charge. The State Attorney reviews what law enforcement submitted and decides whether to file a formal charging document, called an information. Prosecutors sometimes file different charges than the arrest, and sometimes file nothing at all.

Arraignment

At arraignment the charges are read and a plea is entered. In most cases we file a written plea of not guilty beforehand, which waives the arraignment, so you do not have to appear for it. Please note, if you do not have an attorney you likely must appear for arraignment.

Discovery

We file a notice of discovery, which requires the State to turn over its evidence: reports, video, witness lists, and anything favorable to you. Depositions may follow. This stage takes time and often spans several court dates.

Pretrial conferences

The case is set for periodic court dates where the judge, the prosecutor, and your attorney review where things stand, what is still outstanding, and whether the case is ready to resolve or set for trial.

Motions

A motion asks the judge to do something. The ones that matter most:

• Motion to suppress, to keep out evidence obtained through an unlawful stop, search, or interrogation.
• Motion to dismiss, arguing the case should not go forward at all.
• Motion to compel, to force the State to hand over discovery it has not produced.