The criminal justice process unfolds over a lengthy period of time through a large number of steps. It is crucial that you have legal representation from a criminal justice lawyer at every step of the way as you seek the best possible result in your case.
The Orlando criminal defense attorneys at The Alers Law Firm can passionately fight for you throughout the process. If you are facing criminal charges, reach out to the Alers Law Firm at 407-537-7591 to schedule a free initial consultation. We provide spirited and practical legal defense in a non-judgmental manner.
Your Right to a Speedy Trial Under the Law
As someone accused of a crime, you have a constitutional right to a speedy trial under the Sixth Amendment of the United States Constitution. This critical protection helps prevent prolonged incarceration and unnecessary delays in the criminal process.
At the federal level, the Speedy Trial Act of 1974 (18 U.S.C. § 3161) requires that a trial must begin within 70 days of either the indictment or the defendant’s first appearance, whichever occurs later.
In Florida state courts, your right to a speedy trial is governed by Florida Rule of Criminal Procedure 3.191:
- Misdemeanor cases must go to trial within 90 days of arrest or service of summons.
- Felony cases must proceed to trial within 175 days.
These timeframes are not automatic. You may choose to enforce or waive your speedy trial rights based on the specific facts and strategy of your case. There are strategic reasons both to assert and to delay this right, and an experienced criminal defense attorney can help you decide which path serves your best interests.
Here are the steps in the criminal trial process that you need to know.
The Pre-Trial Process
Before a criminal trial begins, there is a lengthy pre-trial process that may include the following steps:
- Initial Appearance: This is the initial appearance in front of a judge after an arrest. Usually within 24 hours of the arrest. Bail may be determined at this hearing. You may have a bond motion hearing at the initial appearance. The judge would consider a multitude of factors in determining whether you can be released before trial, either after you have posted a bond or on your own recognizance. According to the law, the purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.
- Pretrial Detention: Under Florida law, the presumption is that those who are not charged with certain dangerous crimes should be eligible for non-monetary release. However, it may be necessary to detain certain people after arrest, including those who pose a threat to the safety of the community or the integrity of the judicial process, fail to appear at trial, or pose a substantial flight risk.
- Arraignment: The defendant would make their initial appearance in court, where they would be informed of the charges against them. This court date could be waived by your attorney, and your presence is excused.
- Sharing Evidence: The prosecution must turn over the evidence that it intends to use in court to the defense.
- Pretrial Conferences: The parties would meet with the judge to consider any outstanding issues that must be resolved before trial. These are also treated as status conferences to determine what’s outstanding before proceeding to trial or entering a plea.
Motions to the court: Either side may submit motions to the court regarding key issues in the case, such as the defense seeking to suppress certain evidence that would be used in court.
Jury Selection
The trial would begin with the selection of the jury. Both the prosecution and the defense would be able to question potential jurors through a process called voir dire. Each may have the ability to strike certain jurors and object to others, so the judge may potentially disqualify them. The jury would be seated at the conclusion of this process.
Opening Statements
At the outset of the case, both the prosecutor and defense attorney would have the opportunity to address the jury during their opening statements. They would explain the theory of their case. Each would get to describe the case that they are about to present and the evidence that they introduce.
Presentation of Evidence
Each side would present their case to the jury. The prosecution would go first. The prosecutor would call their witnesses, who would testify in court. These witnesses could testify about facts, or they may offer expert opinions. At the conclusion of the testimony, your criminal defense lawyer would be able to cross-examine the witness. You have the right to confront witnesses against you under the Sixth Amendment. Once the prosecution has wrapped up their case, the defense will present their case to the court. Depending on the advice of your criminal defense lawyer, you may be called to testify on your behalf.
Judgement of Acquittal
The court could find the defendant not guilty of the charges against them because the prosecution has failed to present evidence that would support a verdict of guilty. The judge could make this finding during the trial, before closing statements are made, and a case may reach the jury.
Closing Statements
At the conclusion of the case, both the prosecutor and defense attorney would get to sum up the case that they have just presented to the jury. They would describe what the jury has heard and how it fits into their theory of the case. Each would advocate for the result that they want the jury to reach.
Jury Verdict
After the closing statements are made, the jury would receive the case. The judge would give the jury instructions on the law that they should apply to the case and what the prosecutor needs to prove to win a conviction. The jury would then deliberate about the facts that they have found and apply them to the instructions that they have received. The jury would render their verdict on each charge, and the outcomes are:
- A conviction
- An acquittal
- A hung jury (the verdict against you needs to be unanimous – if not, the jury would be hung, and the prosecutor would need to decide whether to retry the case)
Sentencing
If you are convicted of a crime, your case will proceed to the sentencing phase. Before that point, the prosecution would submit a recommendation and report to the judge for their consideration. Your attorney would also be able to present evidence on your behalf that would show there are mitigating factors that should result in a lesser sentence. The sentencing would occur in the courtroom after the judge has had a chance to hear from you and other affected parties.
Appeal
If you believe that the judge or jury made a mistake, you can appeal your case to a higher court. If the appeals court sides with you, they can overturn the verdict or remand the case to the lower court.
Contact a Florida Criminal Defense Law Firm Today
Reach out to a criminal defense attorney at The Alers Law Firm immediately if you are facing criminal charges. You can schedule a free initial consultation by calling us at 407-537-7591.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
