What Happens After You’re Arrested in Florida?

The Arrest and Booking Process for a Florida Criminal Case

After an arrest and you’re taken into police custody, the first step is booking. Booking involves collecting personal information, taking fingerprints and photographs, and recording the alleged crime. This is standard procedure, regardless of the severity of the offense. During this time, law enforcement will also search you for any illegal items or contraband, which may result in additional charges if anything is found.

After being booked, you will be placed in a holding cell or jail while waiting for your first appearance before a judge. This is typically where family and friends are notified of the arrest, either by a phone call from the individual or through law enforcement.

When You Get Arrested, What Happens to Your Phone?

Upon arrest, all personal belongings, including your phone, will be confiscated and held by law enforcement. Your phone will remain in their custody until you are released. However, depending on the circumstances surrounding the arrest, law enforcement may attempt to search your phone. Typically, a search warrant is required to search electronic devices, but certain exceptions may apply if there is probable cause or consent.

How Long Can You Be Held Without Charges in Florida?

One of the most pressing concerns after an arrest is how long you can be detained without formal charges. In Florida, law enforcement cannot hold you indefinitely. Typically, under Florida Rule of Criminal Procedure 3.134, state prosecutors have up to 30 days to file formal charges. If you remain uncharged, the court must release you by the 33rd day. The court could also extend the deadline to 40 days if there is “good cause.” During this time, police may continue investigating the case, but they must file charges or let you go.

However, it’s important to note that even if you are released, the State Attorney’s Office can still decide to file charges after the fact, which means you may need to appear in court later.

How Long Does the State Attorney Have to File Charges in Florida?

After an arrest, the case is forwarded to the State Attorney’s Office. It is the job of the prosecutor to determine whether there is enough evidence to formally charge the individual with a crime. In felony cases, the State Attorney has 21 days to make this decision if the person is in custody. During this period, the prosecutor will review the evidence, interview witnesses, and decide whether to file charges.

If the individual has been released on bail, the State Attorney may take longer to file formal charges, as they are not working against the same strict timeline. However, if no formal charges are filed within 175 days from the date of arrest (for most felony cases), the case may be dismissed. For misdemeanors, this window is shorter, with the state having 90 days to file charges.

If you are unsure whether criminal charges should have been filed or are concerned about the status of your case, it’s essential to stay in contact with Mike G, your criminal defense attorney, so he can monitor the situation and keep you informed.

How Long Does It Take to Get a Court Date in Florida?

The timeline for court appearances can vary depending on your arrest circumstances and the charges filed. In Florida, the first court appearance, known as the First Appearance Hearing, typically occurs within 24 to 48 hours of arrest. During this hearing, the judge will inform you of the charges and determine whether bail is appropriate.

After the First Appearance, the next major step in the process is the Arraignment, where the judge decides if you will formally enter a plea (guilty, not guilty, or no contest). The arraignment usually happens 2 to 4 weeks after the arrest, but this can vary depending on the court’s schedule and the complexity of the case.

Following the initial appearance and arraignment, the timeline for subsequent hearings, including pre-trial conferences and trial dates, can differ widely. If the case is complex or involves multiple parties, the process could take several months or even longer.

If you are released from jail on bail, keeping track of your court dates and ensuring you appear for each one is crucial. Missing a court hearing can result in a warrant for your arrest and possible additional charges.

Bail and Release

After your First Appearance, the judge will decide whether bail is appropriate and, if so, how much it should be. Bail is essentially a financial guarantee that you will return to court for future proceedings. The amount of bail depends on several factors, including:

The severity of the crime
Your criminal history
Whether you are considered a flight risk
Whether you pose a threat to the community

If you cannot afford to pay the full bail amount, you can use a bail bondsman to post bail on your behalf. In return, you typically pay the bondsman 10% of the total bail amount as a non-refundable fee. If you attend all your court dates, the bail is returned, but the bondsman keeps their fee. If you fail to show up in court, you forfeit the bail, and the bondsman can take legal action against you.

Pre-Trial Hearings and the Court Process

Once bail is set and charges are filed, the court process truly begins. Here are some of the key stages to expect:

Pre-Trial Hearings

These hearings occur before the first trial date and are meant to resolve legal issues, including the admission of evidence or witness testimonies. Both the defense and prosecution may file motions during this time.

Discovery

During discovery, both sides exchange evidence and information relevant to the case. This can include police reports, witness statements, surveillance footage, or forensic evidence. Discovery is crucial for building a criminal defense, too.

Plea Bargains

At any point before the trial, the prosecutor may request or offer a plea bargain, which is an agreement for the defendant to plead guilty to a lesser charge in exchange for a reduced sentence. This plea deal can help avoid the risks and uncertainties of a trial.

Trial

If no plea bargain is accepted and the case proceeds to trial, both sides will present their arguments in front of a judge or jury. The outcome depends on the judge, the strength of the evidence, and the legal arguments made by each side.

Why You Need an Experienced Criminal Defense Attorney Like Mike G Law

Navigating the criminal and juvenile justice system after an arrest can be a daunting process. Without legal representation, it is easy to make mistakes that could negatively impact the outcome of your case. A skilled defense attorney can help you understand your rights, gather evidence, negotiate a plea deal with the prosecutor, and provide aggressive representation in court.

Mike G Law has extensive experience representing individuals who have been arrested in Florida. He understands the stress and uncertainty that comes with criminal charges, and he is committed to fighting for the best possible outcome in your case. Whether you are facing felony charges or misdemeanor charges, our team is here to protect your rights and guide you through every step of the process.

Contact Mike G Law Today

If you or a loved one has been arrested in Florida, don’t face the legal system alone. Contact Mike G Law today to schedule a free consultation and get the legal help you need. With a dedicated team ready to fight for your rights, we can help you navigate the complex court process and work toward a favorable outcome.

Let our team guide you through this challenging time. To schedule an initial consultation, call 813-221-4303 or contact Mike G Law online.

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