Arrested in Florida—What to Expect

Investigation and Arrest in Florida

Unless a person commits a crime in front of police, the police first begin an investigation. They speak with witnesses, gather evidence, and request a search warrant if needed. The police must have probable cause or have witnessed the crime themselves, to bring a person into custody.

Filing Charges

If the police decide to file charges, they do so at this point with an official complaint that begins the process of indictment. The arrangement (also called a preliminary hearing) is next, in which the charges are read to the arrested person, now a defendant, who pleads guilty or not guilty. Don’t speak at this hearing.

Defendants can post bail to leave jail and promise to appear for a court date. Bail can be cash, a pledge of property, or bail bonds.

Plea Deal and Jury Trial

Defendants are often offered a “plea deal” or “plea bargain.” This is a lesser charge in exchange for a guilty plea, resulting in reduced fines and other punishments, including sentencing. You should discuss this possibility with your criminal defense attorney before considering whether to accept a plea deal.

If the prosecution’s offer isn’t acceptable, or your attorney doesn’t believe it’s a good idea, the case will go to a jury trial. The judge and the jury will then decide on guilt or innocence. A jury trial can be highly unpredictable and may not lead to a favorable outcome.

If You Are Arrested

Immediately invoke your right to remain silent and ask to speak to an attorney before answering any questions. You are entitled to an attorney when you are arrested.

Speaking to police before speaking to an attorney can lead to more problems. An attorney understands how to navigate the justice system and is your advocate following an arrest.

Other Concerns

An arrest can have additional consequences:

• Loss of employment, reputation, family, relationships
• Loss of opportunity, i.e., education, employment
• Loss of professional licensure (healthcare, teacher, pilot, CDL, etc.)
• Social estrangement
• News and social media stories

Even if you are acquitted, or the charges dropped, records may still be available.

Read more here. Contact our criminal defense team immediately to discuss your case.