FAQ: Criminal Court Process in Miami

FAQ: Criminal Court Process in Miami

Going through the criminal justice system can be really scary and confusing, especially if you’ve never been arrested before. This article will walk you through the basic steps so you know what to expect.

Getting Arrested

There’s a couple ways a criminal case can start in Miami:

• A police officer arrests you if they see you commit a crime or have probable cause to believe you committed one
• You get a written notice to appear in court for criminal charges against you

If your arrested, the police will take you to a booking center at the county jail. They’ll take your picture, search you, and log your possessions. This is where they sometimes find drugs or other stuff that can get you in more trouble.

First Appearance

Within 24 hours of your arrest, you’ll go before a judge for first appearance. This is where they tell you what your being charged with. The judge decides whether to:

• Release you on your own recognizance (no bail)
• Set a bail amount for you to pay to get released
• Hold you in jail with no bond

The judge might also make you wear an ankle monitor, check in with probation, or avoid contact with certain people as a condition of release. Having a lawyer ask for you to get released on your own recognizance can help alot.

Arraignment

At your arraignment hearing, you enter a formal plea – guilty, not guilty, or no contest. Most people plead not guilty at first so they can review the evidence and talk to a lawyer. If you plead guilty right away, your giving up your right to fight the charges or try to get a better deal.

Discovery

After your plea, your lawyer files paperwork asking for all the evidence in your case from the prosecutor. This is called discovery. They have to give your lawyer everything, including police reports, witness statements, documents, etc. You also have to share whatever evidence you have. No surprises allowed!

Early Resolution

Some counties have early resolution programs where a prosecutor reviews the case and works out a plea deal early on, before too much time and money is spent. You’ll still get a record, but it ends the case quickly.

Pretrial Intervention

For some first-time, non-violent offenses, you might qualify for pretrial intervention. This means if you complete probation and other conditions, the charges get dropped and you can avoid having a criminal record.

Pretrial Hearings

Before trial, you’ll have pretrial hearings where the lawyers discuss the case and any potential plea offers. Lots of cases resolve here because the judge encourages it to move the crowded docket. But if no deal is reached, they’ll set a trial date.

Plea Deal

Most criminal cases end with a plea deal, negotiated between the prosecutor and your lawyer. To take a plea, you give up your right to trial and force the state to prove your guilt. The judge has to approve all pleas.

Trial

If no plea agreement, the case will go to trial before a judge or jury. Your lawyer and prosecutor present evidence and witnesses. You can choose to testify or not – that’s your right. After, you’ll quickly know the verdict.

Sentencing

If found guilty, sentencing is usually a few weeks later but can be right after the verdict. The judge considers the facts of the case and your background. You, family, victims, police etc. can make statements. Once sentenced, you can start the appeal process.

Having an experienced Miami criminal defense lawyer to guide you through the process can really help! They know how to get the best results at each stage for your specific charges. Don’t go through it alone.