Orlando Criminal Defense Lawyers

Understanding the Criminal Case Process

The exact process depends on the charge, court, evidence, and procedural history. A case may involve some or all of the following stages.

1. 01

   Initial Investigation

   During this stage, officers may gather evidence, speak with witnesses, and try to get a statement from you. You can choose whether to answer questions, but the Fifth Amendment means you are never required to, and speaking with law enforcement without a lawyer present is rarely in your interest. If you have not already asked for counsel, contacting Liberate Legal early helps protect your rights and limit the risk of saying something that can be used against you. Once an arrest occurs, the case moves to the first appearance.

2. 02

   Initial Arrest

   An arrest generally requires that officers have a reasonable, fact-based belief that a crime was committed. In Florida, that arrest can happen in one of two ways: with a warrant or without one. A warrantless arrest occurs when officers believe they have probable cause in the moment. A warrant-based arrest happens after a judge reviews the evidence presented and signs an order authorizing the arrest.

3. 03

   First Appearance

   Florida law requires that you be brought before a judge within 24 hours of arrest. At this hearing the court advises you of the accusations, explains the rights that protect you, and addresses the terms of your custody. The judge also decides whether release on bond is appropriate and what conditions apply. Having defense counsel present at this early stage can make a meaningful difference in how those decisions are framed.

4. 04

   Arraignment

   At arraignment, usually set a few weeks after the arrest, the charges are formally read and you enter a plea of not guilty, guilty, or no contest. A guilty or no-contest plea can move the case toward sentencing, while a not-guilty plea puts the matter on a pretrial track with hearings, motions, and discovery. If you have not retained defense counsel by this point, you may do so, and the court can appoint a public defender when you qualify. Either way, you should have the chance to talk with your attorney before any plea is entered.

5. 05

   Pretrial Motions and Discovery

   Before trial, both sides spend time reviewing evidence, investigating the allegations, and resolving legal issues. Florida's discovery rules let the defense obtain information tied to the State's case — reports, witness information, statements, photographs, recordings, test results, and other materials — and may create disclosure duties for the defense as well. The point is not simply collecting documents: it is evaluating the State's proof, spotting weaknesses or inconsistencies, and shaping strategy. Pretrial motions may also be filed when an issue needs a ruling first, such as a motion to dismiss where a recognized legal basis exists, or a motion to suppress where the defense argues evidence or statements were obtained unlawfully. How a motion is decided can change what evidence remains available, which issues stay disputed, and sometimes whether a charge continues.

6. 06

   Plea Negotiations

   Not every Florida case is decided at trial. In some matters the State and the defense discuss whether the case can be resolved by agreement. Negotiations may cover the charge itself, a sentencing recommendation, penalties, or other terms, and what is realistically available depends on the allegations, the evidence, the person's history, the prosecutor's position, and the surrounding circumstances. Because a plea carries lasting consequences, a defendant should clearly understand the charge being resolved, the proposed sentence or conditions, the rights being given up, and any collateral effects before deciding. If no agreement is reached and the case is not otherwise dismissed, it may move toward trial.

7. 07

   Criminal Trial

   At trial the State must prove the charged offense beyond a reasonable doubt. Depending on the case and the options available, a jury decides the matter or, where legally appropriate, a judge does in a bench trial. A trial can include jury selection, where prospective jurors are questioned about their ability to be fair; opening statements, which preview the expected evidence but are not themselves evidence; presentation of evidence, where the State calls witnesses and the defense may cross-examine, challenge that proof, and offer its own — a defendant never has to prove innocence; closing arguments; and deliberation and verdict. An acquittal ends the prosecution of that charge, while a conviction moves the case to sentencing and any available post-trial or appellate options.

8. 08

   Post-Trial Motions and Sentencing

   A guilty verdict does not always mean every legal issue is settled. Depending on what happened in the proceedings, the defense may have grounds for a post-trial motion — a motion for a new trial, for example, when recognized legal grounds exist. Whether that is appropriate turns on the record and the specific case. If the conviction stands, the court proceeds to sentencing. What may lawfully be imposed depends on the offense of conviction, Florida sentencing law, prior record, statutory minimums and maximums, and other legally relevant factors, and can include incarceration, probation, fines, court costs, restitution, treatment requirements, or other authorized conditions. Courts sometimes receive additional information about the defendant and the offense before imposing sentence.

9. 09

   Criminal Appeals

   A conviction or sentence may raise issues an appellate court can review, though whether an appeal is available and how broad it can be depends on how the case ended and which issues were properly preserved. An appeal is not a second trial: the appellate court generally examines the trial-court record and the legal arguments to decide whether reversible error occurred. Issues can involve evidentiary rulings, jury instructions, constitutional questions, sentencing, or other decisions made below. The court may affirm, reverse an affected ruling or judgment, or send the case back for further proceedings. Because appellate rights carry strict procedural requirements and deadlines, anyone weighing an appeal should get guidance quickly.

10. 10

    Post-Conviction Relief

    Some remedies can remain available after the direct appeal has ended. Post-conviction proceedings are separate from an appeal and address grounds recognized under Florida law, which may include claims of ineffective assistance of counsel, newly discovered evidence, an unlawful sentence, or other bases permitted by the post-conviction rules. This is not another chance to retry the case; these proceedings have their own requirements, procedures, and filing deadlines, and the right remedy depends heavily on the individual case. When relief is legally warranted, the court's response varies with the issue presented, so anyone considering post-conviction proceedings should speak with an attorney about options and deadlines.

Not every Florida criminal case follows the same path, and the available options depend on the specific facts and law.

The stages of a Florida
criminal case.

Select a stage to see what happens and what it means for your case.

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