Lakeland Criminal Defense Lawyer

What are Felony Cases in Florida?

A felony criminal case in Florida involves serious offenses that are punishable by more severe penalties than those of misdemeanors. Felonies in Florida are divided into five categories: capital felonies, life felonies, first, second, and third-degree felonies, each varying in severity and punishment. Capital felonies, such as murder, are the most serious and can result in the death penalty or life imprisonment without parole. Life felonies can result in life imprisonment and significant fines. First-degree felonies can lead to up to 30 years in prison and substantial fines, while second and third-degree felonies carry lighter sentences but still can lead to extensive incarceration and financial penalties. The legal process for handling felony cases involves multiple stages including arrest, arraignment, pre-trial hearings, and potentially a trial, where the defendant's fate is determined.

In Florida, the criminal justice system ensures that individuals accused of felony offenses are afforded due process as dictated by law. After an arrest, the defendant is typically brought before a judge for an arraignment, where the charges are formally presented and a plea is entered. If the case proceeds to trial, both the prosecution and defense present evidence and arguments. The burden of proof in felony cases rests with the prosecution, which must demonstrate the defendant’s guilt beyond a reasonable doubt. If a guilty verdict is reached, sentencing is then determined based on the severity of the felony and the defendant's criminal history. Florida’s judicial system aims to balance the enforcement of laws with the protection of individual rights, ensuring that all parties receive a fair trial and just outcome. This rigorous process underscores the gravity of felony charges and the serious consequences they carry.

What are Misdemeanor Cases in Florida?

Misdemeanor cases in Florida involve less serious offenses compared to felonies. These are criminal acts that are punishable by up to one year in county jail, rather than state prison, and may include fines, probation, or community service. Misdemeanors are categorized into two degrees, with first-degree misdemeanors being the more serious. Examples of first-degree misdemeanors include battery, DUI (Driving Under the Influence), and petit theft, whereas second-degree misdemeanors might include disorderly conduct and simple assault. Despite being less severe than felonies, misdemeanors can still have significant consequences, affecting employment opportunities and personal reputation.

The legal process for misdemeanor cases in Florida typically starts with an arrest or a notice to appear in court. During the arraignment, the defendant is informed of the charges and enters a plea. If the plea is not guilty, the case may proceed to trial, where both the defense and prosecution present their evidence. The prosecution must prove the defendant's guilt beyond a reasonable doubt. If convicted, sentencing can include jail time, fines, and other penalties appropriate to the offense's severity. In many cases, defendants may be eligible for diversion programs or plea bargains, which can result in reduced charges or penalties. Florida's judicial system ensures that defendants in misdemeanor cases, like those in felony cases, are afforded their legal rights and due process, maintaining a fair and just legal process for all involved parties.

What is a Criminal Diversion Program?

In certain scenarios, the State may offer the defendant the ability to participate in a pretrial diversion program. The pretrial diversion program allows the defendant to complete certain terms and conditions, including the payment of fees, attendance of classes, and performance of community service, prior to the disposition of their criminal case. If successfully completed, the State will generally drop the criminal charges upon completion of the program, giving the defendant a beneficial known outcome to the case. Whether the defendant qualifies for such diversion programs will be up to the discretion of the office of the State Attorney and is generally reserved for defendants with little to no prior criminal history.

What is a First Appearance Hearing?

A first appearance hearing in a Florida criminal case is a crucial initial step in the judicial process, occurring generally within 24 hours of an individual's arrest. At this hearing, the defendant appears before a judge who reviews the charges and determines if there is probable cause for the arrest. During the first appearance, the judge also addresses the issue of bail, assessing whether the defendant should be released on bail, remain in custody, or released on their own recognizance. The judge considers factors such as the severity of the alleged offense, the defendant's criminal history, ties to the community, and the risk they might pose to public safety. It is during this hearing that the defendant is informed of their rights, and legal counsel is appointed if the defendant cannot afford one. This hearing sets the stage for further legal proceedings, ensuring the defendant's rights are upheld while maintaining the integrity of the judicial process.

What is an Arraignment?

An arraignment in a criminal case in Florida is a formal court proceeding where the defendant is officially informed of the charges being brought against them. This stage serves as the defendant's first appearance in court after the initial arrest and any preliminary hearings, such as the first appearance hearing. During the arraignment, the judge reads the charges, and the defendant is asked to enter a plea of guilty, not guilty, or no contest. This is a critical step in the judicial process because it sets the tone for how the case will proceed. If the defendant pleads not guilty, the case will move forward to the pre-trial phase, where both the defense and prosecution prepare their cases for trial. Alternatively, if the defendant pleads guilty or no contest, the court may proceed to sentencing. The arraignment ensures that the defendant is fully aware of the charges and their rights, maintaining the fairness and transparency of the legal process.

Attendance at an arraignment for a criminal defendant may be waived by the defendant’s attorney if a written plea of not guilty is filed on the defendant’s behalf. Entering a written plea of not guilty and waiving appearance at the arraignment is a common practice in many criminal cases.

What is a pretrial conference?

As a criminal case progresses, the court will hold periodic hearings to check on the status of the case. The court will inquire if the case is ready to be set for trial, the status of any outstanding discovery, and address other issues that may affect the case.

Many courts in the State of Florida will refer to this hearing as a pretrial conference, although some courts use different terminology which can be confusing—some courts have called this a disposition hearing, while using the term “pretrial conference” to refer to a hearing just prior to trial.

If represented by counsel, Florida law allows the defendant’s presence to be waived at the pretrial hearing, allowing the defendant’s attorney to appear on their behalf. However, there may be times when the defendant is required to attend such a hearing, particularly when the defendant is entering a plea to the case, or in other situations, such as when the State has requested that the defendant submit to physical inspection pursuant to the criminal discovery rules—this includes the taking of the defendant’s fingerprints or collection of a buccal swab for DNA testing.

What is Discovery in a Florida Criminal Case?

In Florida criminal cases, the discovery process is a critical phase that allows both the prosecution and the defense to gather and exchange pertinent information before trial. This stage is governed by specific rules designed to ensure a fair trial and to prevent surprises. The discovery process typically involves the sharing of evidence, witness lists, and any statements or confessions pertinent to the case. Both parties must disclose evidence that is favorable to the accused, a requirement stemming from the landmark U.S. Supreme Court decision in Brady v. Maryland. The Florida Rules of Criminal Procedure outline the discovery obligations, ensuring that each side has the opportunity to review evidence, prepare their case, and prevent trial by ambush. It includes depositions, interrogations, and the examination of documents and materials that are expected to be presented in court.

Throughout the discovery process in Florida, the defense has the right to request and obtain information that the prosecution plans to use in the trial. This includes police reports, forensic evidence, and any other documents that could influence the outcome of the case. Additionally, defense attorneys can file motions to compel discovery if they believe the prosecution is withholding evidence. The discovery process is essential in shaping the strategy for both sides, enabling them to anticipate arguments and counterarguments during the trial. Furthermore, it allows for the possibility of plea negotiations, as the parties have a clearer understanding of the strength or weaknesses of the evidence. Ultimately, the discovery process is fundamental in ensuring justice is served by allowing both parties a comprehensive view of the case landscape before entering the courtroom.

What are Depositions?

In a Florida criminal case, a deposition is a pre-trial procedure where witnesses provide sworn oral testimony, which is documented for later use in court proceedings. Attorneys from both sides of the case, prosecution and defense, can question the witness to gather information, clarify facts, and assess the credibility of the witness's statements. Depositions are critical in preparing for trial as they allow both parties to understand the evidence and testimonies that may be presented in court, helping in the formulation of legal strategies. The process ensures transparency and can help in settling cases outside of court or preparing effectively for trial.

Depositions may be conducted on all material witnesses in a felony case without specific court approval. In misdemeanor cases, and in certain circumstances relating to no material witnesses—as classified by the Florida Rules of Criminal Procedure—a motion and court order will be necessary to allow the deposition of that witness. Further, a deposition of a material witness in a misdemeanor case will only be allowed when other informal avenues will not allow the defendant to obtain information from the testifying witness.

What is Mandatory Docketing?

Courts generally hold a final pretrial hearing prior to the beginning of a criminal trial to determine witness availability and to determine when the trial will be scheduled. Different courts across the state may use different terms, but in Polk County, Florida, this hearing will generally be referred to as a “mandatory docketing.”

The defendant is required to be present at the mandatory docketing to ensure that the case will either be disposed of by plea, or if set for trial, that the defendant will be present. At mandatory docketing, the court will set a date for jury selection and trial to begin.

What is Jury Selection?

In Florida, the process of jury selection in a criminal case, known as "voir dire," is a critical phase of the trial where attorneys for both the defense and prosecution, as well as the judge, question potential jurors to assess their suitability for serving on the jury. The aim is to ensure a fair and impartial jury by identifying any biases or preconceived notions that could affect the outcome of the trial. Attorneys may challenge potential jurors for cause, arguing that a juror's background or statements indicate they cannot be impartial, or they may use a limited number of peremptory challenges to dismiss jurors without stating a reason. This process is integral to upholding the defendant's constitutional right to a fair trial, as it seeks to assemble a jury that can objectively evaluate the evidence presented and deliver a just verdict.

How does a Trial Work?

In Florida, the process of a criminal jury trial begins with the selection of a jury, a critical step known as voir dire. During voir dire, potential jurors are questioned by both the defense and the prosecution to assess their suitability for the case. This ensures that the selected jury is impartial and fair, consisting of individuals who can objectively evaluate the evidence presented. Once the jury is selected, the trial proceeds with opening statements from both sides, giving each the opportunity to outline their case to the jury. The prosecution bears the burden of proof and is required to present its case first, providing evidence and calling witnesses to testify in support of the charges. The defense then has the opportunity to cross-examine these witnesses and present its own case, which may include calling witnesses or presenting evidence to refute the prosecution's claims.

Following the presentation of evidence and witness testimonies, both sides deliver closing arguments. This stage allows the prosecution and defense to summarize their cases, highlight key evidence, and attempt to persuade the jury to their side. After closing arguments, the judge provides the jury with instructions regarding the legal standards that must be applied to the case. The jury then deliberates in private, discussing the evidence and attempting to reach a unanimous verdict. In Florida, just as in other states, the decision must be unanimous in criminal trials. If the jury cannot reach a unanimous decision, a mistrial may be declared, potentially leading to a retrial. Once a verdict is reached, it is announced in court, and depending on the outcome, sentencing or further legal proceedings may follow if a guilty verdict is delivered. This process ensures that defendants in Florida receive a fair trial, respecting their rights under the U.S. Constitution.

What is a Judgment of Acquittal?

In a criminal case in Florida, a judgment of acquittal is a legal decision made by a judge, declaring that the evidence presented by the prosecution is insufficient to support a conviction. This judgment can occur during or after a trial, typically upon a defendant’s motion arguing that the prosecution has not met the burden of proof, which is beyond a reasonable doubt. When a judgment of acquittal is granted, it results in the dismissal of the charges against the defendant, effectively freeing them from the legal accusations. The judge's ruling indicates that no reasonable jury could find the defendant guilty based on the evidence presented. Importantly, this judgment is final in terms of that specific charge, meaning the defendant cannot be retried for the same offense due to the constitutional protection against double jeopardy.

What is Sentencing?

In Florida, the sentencing process in a criminal case follows a structured procedure designed to ensure fairness and justice. After a guilty plea in certain circumstances or a guilty verdict, the judge usually schedules a sentencing hearing. During this hearing, both the defense and prosecution have the opportunity to present evidence and arguments to influence the final sentence. The judge considers factors such as the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances. In felony cases, Florida employs a system of sentencing guidelines that provide a framework to help determine appropriate sentences while allowing some judicial discretion. These guidelines assign numerical values to various factors related to the crime and the offender, resulting in a recommended sentencing range. However, judges can deviate from the guidelines in certain situations, provided they offer valid reasons for doing so.

In addition to the guidelines, victim impact statements can play a significant role in the sentencing phase. Victims or their families are invited to share how the crime has affected their lives, which can influence the judge’s decision. The judge must also consider mandatory minimum sentences for certain offenses, such as drug trafficking or capital felonies, which restrict their ability to impose a lighter sentence even if warranted by circumstances. Once all parties have been heard, the judge pronounces the sentence, which can include imprisonment, probation, fines, community service, or a combination thereof. In Florida, sentences may also incorporate rehabilitative measures, such as counseling or treatment programs, aimed at reducing recidivism and aiding the offender's reintegration into society. The sentencing process, thus, balances the need for punishment with the goal of rehabilitation, reflecting Florida's commitment to a fair and effective criminal justice system.