Understanding the Criminal Process in Florida

Being accused of a crime can be overwhelming and stressful. The possibility of arrest, jail time, and a permanent criminal record can create fear and uncertainty about the future. You may be asking yourself: Who do I call? Will I go to jail? How will this affect my rights and freedoms? The most important first step is to seek experienced legal representation—do not attempt to handle your case alone.

At The Franklin Firm, PLLC, we provide aggressive and strategic defense for individuals facing criminal charges in South Florida. Whether you're dealing with DUIs, drug offenses, theft, violent crimes, or white-collar charges, we understand the seriousness of your situation and will fight to protect your rights. The legal system can be complex and unforgiving, but having the right attorney by your side can make all the difference.

South Florida’s diverse population and status as a major metropolitan area mean that criminal cases can arise in various forms, from state-level misdemeanors and felonies to complex federal investigations. With experience handling a broad range of criminal matters, The Franklin Firm, PLLC is committed to guiding clients through every step of the legal process and working toward the best possible outcome.

If you or a loved one is facing criminal charges, do not wait. Contact The Franklin Firm, PLLC today at 954-290-0872 to schedule a consultation. Your defense starts now.

Being arrested or charged with a crime in Florida can be overwhelming, but knowing the legal process can help you navigate the system more effectively. Here’s a general overview of the criminal process in Florida and what to expect at each stage.

Criminal Process in Florida

1. Arrest and Booking

The criminal defense process typically begins with an arrest. In Broward, as in the rest of the United States, law enforcement must have probable cause to arrest an individual for a crime. Following the arrest, the individual is taken to a local police station for booking, a process that includes recording personal information, the alleged crime, and taking fingerprints and photographs.

2. First Appearance and Bail

Shortly after booking, the accused will have their first appearance before a judge. This usually occurs within 24 hours of the arrest. During this initial hearing, the judge will inform the accused of their charges and determine whether bail is appropriate. Bail is a set amount of money that the accused can pay to be released from jail while awaiting trial. In Broward, the amount and eligibility for bail can vary greatly depending on the nature of the crime and the individual’s history.

3. Arraignment

The next step in the process is the arraignment, where the accused is formally charged and asked to enter a plea of guilty, not guilty, or no contest. In Broward, arraignments provide the first opportunity for the defendant’s attorney to be actively involved in the case, often discussing plea deals with the prosecution or arguing for reduced bail.

4. Pre-Trial Motions and Hearings

Before a case goes to trial, there can be several pre-trial motions and hearings. These may include motions to dismiss the case, suppress evidence, or other legal arguments that could significantly affect the outcome of the case. Browards’s legal system allows for various pre-trial motions, which can be crucial for the defense strategy.

5. Trial

If the case proceeds to trial, the defense and prosecution will present their evidence and arguments before a judge or jury in a Broward courtroom. The trial process includes jury selection, opening statements, witness testimony, cross-examinations, and closing arguments. The goal of the defense is to create reasonable doubt about the defendant’s guilt.

6. Verdict and Sentencing

After deliberation, the judge or jury will deliver a verdict. If the verdict is not guilty, the defendant is released from the charges. However, if the verdict is guilty, the case moves to sentencing. Sentencing in Broward can range from fines and community service to probation and incarceration, depending on the severity of the crime and other factors.

7. Appeals

Following a conviction, the defendant has the right to appeal the decision. In Broward, an appeal is not a new trial but a request for a higher court to review the case for legal errors that could have affected the outcome. The appeals process can be complex and requires thorough preparation and understanding of appellate law.