CRIMINAL PROCESSING AFTER A FLORIDA ARREST

EXPERIENCED SARASOTA AND BRADENTON CRIMINAL LAW FIRM

If you’ve been arrested, or are currently being investigated and are concerned about what comes next, then it’s important that you consult with an experienced criminal attorney for further guidance.

Here at Fowler Law Group, we encourage defendants to contact us to speak with our team of Bradenton and Sarasota criminal lawyers — we will help you successfully navigate the criminal proceedings the follow after an arrest.

So, what happens after an arrest?  Let’s take a look.

THE LEGAL STEPS FOLLOWING AN ARREST IN FLORIDA

INITIAL BOOKING AND CUSTODY

Arrest triggers the start of criminal proceedings.  After a law enforcement has arrested you for a valid reason, then you will be “booked” for the suspected crime and put in custody if the committed offense is serious.  If the committed offense is only minor, then you may be released and given a scheduled court date for further processing.

ADDRESSING THE CHARGES

After you’ve been arrested and “booked,” you’ll have to address the charges that have been filed against you by prosecutors.  This scheduled appearance before the court is known as an arraignment.

During the arraignment, you’ll have an opportunity to really to the prosecutor’s charges by entering a plea (guilty, not guilty, or no contest).  The court will also set bail and schedule additional court dates for other applicable hearings.

EVALUATING PROBABLE CAUSE

After you have been arraigned, the criminal charges will have to be evaluated for “probable cause,” either through preliminary hearings or grand jury proceedings.  If there is no probable cause to bring the criminal charges at-issue, then the case will be dismissed and you will avoid liability altogether (and at an early stage!).

PRE-TRIAL

Pre-trial proceedings include hearings on motions for summary judgment, motions to suppress evidence for irrelevance, and other strategic motions.  During pre-trial proceedings, the court will evaluate the admissibility of evidence and other issues that could play a significant role at trial.

TRIAL

In the trial phase, the court will evaluate your guilt after considering all the evidence, and after all witnesses have been heard (and cross-examined).  The prosecution must be able to prove that you committed the crimes at-issue beyond a reasonable doubt.

SENTENCING

If you’ve been convicted at trial, then the court will sentence you on the basis of various factors, from your pre-existing criminal record to the severity of the crime.  Depending on the violation at-issue (or if you entered into a plea bargain), the court may be entitled to impose probation or enter you into a diversionary program as opposed to executing a term of imprisonment.

YOUR SARASOTA OR BRADENTON CRIMINAL LAWYER CAN FILE AN APPEAL

If you’ve been convicted of the crimes at-issue, and if you believe that the trial court erred in convicting and/or sentencing you for those crimes, then you may choose to appeal the decision of the trial court.  Though not always a strategically sound plan, appeals — under certain circumstances — can sometimes lead to a reverse or modification of the trial court’s unfavorable decision.