The Florida Felony Process and Sentencing

Florida Arrest, Trial, and Prison Terms in Criminal Felony Cases

Nov 4, 2009

A Florida felony is a serious crime that has a possible prison term of more than one year, possibly up to life. Capital felonies may lead to the death penalty.

The United States Constitution governs the minimum rights and process afforded to individuals accused of crimes. Each state varies in subtle ways regarding the manner in which those rights and processes are applied. The principal elements as applied in Florida follow.

The Arrest

When the police arrest someone and believe a felony should be charged, a statement of probable cause is generated and charges based upon that statement are brought into court.

The Bond Hearing

After a felony arrest, the accused is taken before a judge to set a bond. The bond court judge hears the charges and history of the defendant. The judge decides the terms of the defendant’s release, whether it is by personal recognizance or by posting with the court an amount of money. If the judge sets a monetary amount of bond and the defendant cannot post that, then the defendant remains in custody.

Assignment to Trial Court

When someone is arrested and charged with a felony, following the bond hearing the case will be assigned to another judge for further proceedings, up to and including a trial.

Arraignment

At the arraignment the defendant is formally told of the charges against him. It is at this point that a formal plea of not guilty is given to the court.

Formal Filing of Charges by the State Attorney

The charges brought by the police are not the final formal charges. That decision is ultimately made by the State Attorney after a review of the evidence in the case. After the review, the State Attorney will file a document called an Information. The charges in the Information are those that will have to be defended. The time between the arrest and the filing of the Information may be used by the attorney for the accused to negotiate with the State Attorney regarding what charges will be included in the Information.

Discovery

This is the process by which the state must provide to the accused the evidence that it has against him. Gathering this evidence is extremely important to the defense.

Motions

A Motion is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, Motion to Suppress Statement, can result in the case being dismissed. Experienced lawyers keep an eye on the case and the evidence to determine if there are important motions to be made that affect their client’s freedom. These motions are often tied to issues of the US Constitution's 4th Amendment. There are also 5th and 6th Amendment considerations as well.

Plea Agreement

This is when the State Attorney, defense attorney and defendant agree what penalty will be imposed if the defendant pleads guilty to the crime. These agreements may include changes in the charges. Many cases are finished in this fashion, and an experienced lawyer knows what the usual penalties are for specific situations. In that way he can arrange for the best possible outcome for his client.

Trial

In the event that there is no agreement in return for a plea, (or the case is not dismissed by way of a motion) then a trial is held, and the defendant maintains his plea of not guilty. At trial the state presents evidence to either a judge (bench trial) or a jury. The state must prove the defendant’s guilt beyond a reasonable doubt. If this does not happen, the defendant is found not guilty and the case is over. If it does happen, then the defendant will have a penalty imposed by the judge who presided at the trial.

Possible Felony Fines & Terms of Imprisonment & Fines

Florida has defined felonies in five degrees.

The felony degrees and penalties above are the generalized categories. Some specific felonies have particular penalties defined.

The copyright of the article The Florida Felony Process and Sentencing in Law, Crime & Justice is owned by David J. Shestokas. Permission to republish The Florida Felony Process and Sentencing in print or online must be granted by the author in writing.