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The first thing to happen is usually a call to the police which leads to an investigation by the responding officers, or in some cases, a grand jury investigation. Once law enforcement believes that they have enough evidence to file criminal charges, you will be arrested and taken into custody, or will be provided with a citation or letter to appear in court on a specific date. The police may arrest you for what they think the charges support, but the State Attorney's Office makes the ultimate decision of what you could be facing in court. In Miami-Dade, this will usually means that either a prosecutor in Intake or a prosecutor in the division will review your case. I used to file charges as a prosecutor so I know what the prosecutors are looking for and can effectively intervene during this stage to try to prevent charges from being filed or have lesser charges filed. I can also try to resolve the case with a favorable plea offer prior to charges being filed.
Your first appearance in court involves you entering a plea, either “not guilty”, “guilty”, or “no contest” to the charges you are formally facing. I will file formal pleadings on your behalf and request discovery. It is after this stage that we will best know what your case is all about and how to defend it. It is important to note that the State will have 21 days to file charges but they can request, and it often happens, a reset to the 30th date from arrest and then to the 33rd date. This is important to know because if charges are not filed by the 33rd date you are entitled to a Release on Your Recognizance. If you are in jail, you will be freed (unless there is another case holding you in jail) and if you posted bail the money can be returned to you. If you paid a bondsman, then the bondsman can collect their money but they keep the 10% premium as their fee.
Felony Arraignment – In felony cases, if the Judge decides there is enough evidence to keep the case in the system, you will be arraigned in the trial court approximately two weeks after the preliminary hearing. This is another appearance whereby you will enter a “not guilty”, “guilty”, or “no contest” plea.
In misdemeanor cases, pretrial hearings are then set. These are dates to come back to court for various issues and for possible settlement. After the pretrial hearings, if the case is not settled or dismissed, the next court proceeding would be a trial. There are no preliminary hearings for misdemeanor charges. In felony cases, a preliminary hearing will be set. This is a hearing where the Judge listens to basic evidence of the case from the prosecution, and determines whether or not the case should still be in the court system. This is usually the first opportunity for the defense to cross examine the prosecution witnesses, which is why it should be handled by skilled attorneys who understand the entire process. This hearing can have a major effect on the case weeks or even months later.
These are additional dates to return to court to determine if both sides are ready for trial, to discuss any issues in the case including motions that are filed by either party, for the judge to monitor the status of the case so that the case is not taking longer than usual to resolve, and for possible settlement. After Sounding, if both sides say they are ready for tral, trial will be set in about 10 days. In Miami-Dade county you will always get two dates. The first is the Sounding date and the second is the Trial date. But the trial dat will not apply if both sides are not ready. So this date is not concrete unless both sides say "ready for trial."
In misdemeanor cases, you have a right to go to trial within 30 or 45 days of your initial arraignment, depending on if you were in custody at your initial arraignment. This can be a jury trial or a court trial if both sides agree to waive their right to a jury trial. In felony cases, you have a right to go to trial within 60 days of your second arraignment, again being either a jury or court trial.
After a settlement or a guilty verdict, the defendant is sentenced. Misdemeanors carry up to one year in jail, while felonies carry the potential for custody greater than one year. However, a court can also sentence the defendant to probation, which is less than the prescribed jail time maximums or guidelines. Additonally, there are other options available depending on the particurlar facts of the case. For example, a defendant may qualify for Youthful Offender sentencing which will likely mean a stay in the Miami-Dade County Bootcamp followed by community control (house arrest) and probation for a maximum of 6 years.
Appeals/Expungements – A defendant always has the right to appeal a case or ruling, and in some instances, to request that the court “expunge” or remove the conviction from the person’s record (see the “Expungements” page).
Bail – You have an absolute right to bail. All criminal charges have a corresponding dollar figure which, if posted with a bail bondsman or to the court, allows you to be free during the proceedings. Many times, however, a skilled attorney can get a person released “R.O.R”, Released on your own recognizance, despite the scheduled bail amount. Of course, this depends heavily on the charges, a person's past, and other factors.
Discovery – You have an absolute right to discovery. Discovery includes the police reports, backgrounds of witnesses, police recordings and 911 tapes, prior complaints against witnesses or the police, photographs, videos…anything that points to your guilt or innocence should be obtained by your attorney to build your defense.
Common Motions – Knowledgeable, competent criminal defense attorneys are familiar with, and use, the following motions to get charges reduced or dismissed: Motion to Dismiss the Charges, Motion to Compel Discovery, Motion for Release of Confidential Informant Information, Motion to Suppress Evidence, Motion to Preserve Evidence for Defense Testing, Motion to Return Property, Motion to Exclude Evidence, Motion for Reconsideration of Previous Orders, Motion to Modify Court Order, Writs, Expungements, etc.
Constitutional Rights – Never give up your constitutional rights unless your attorney properly advises you to do so. You have the following rights: the right to a jury or court trial, the right to confront and cross examine witnesses, the right to present a defense and use the subpoena power of the court, the right to remain silent and not incriminate yourself, and of course, the right to have an attorney.
Contact me today about your legal matter.
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