What Happens After an Arrest in Miami-Dade? The Case Timeline

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Miami-Dade Guide

What Happens After an Arrest?

Arrest, booking, first appearance, arraignment, discovery, and beyond. A step-by-step map of how a Miami-Dade criminal case actually moves.

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The Timeline How Long It Takes Quick Answers
The Timeline

From Arrest to Resolution

Every case is different, but the sequence of stages is mostly the same. Here's the order things happen in Miami-Dade.

1
Hour Zero

Arrest and Booking

The person is taken into custody and transported to a Miami-Dade Corrections facility for fingerprinting, photographing, and processing. See our full guide on what to do in the first hours after an arrest, including how to locate someone in custody.

2
Within 24 Hours

First Appearance

If the person can't post standard bond, or the charge requires it, a judge holds a first appearance hearing to set bail or other release conditions. Miami-Dade holds these hearings seven days a week, including holidays. See our full Bail and Bond Guide for how this hearing works.

3
The Pre-File Period

The State Decides What to Charge

An arrest is not the same as a formal charge. The State Attorney's Office reviews the arrest report and decides whether to file formal charges, and if so, exactly what those charges will be. Officers sometimes overcharge at the scene, and this review stage is where a charge can get reduced, changed, or dropped entirely before a case ever really begins.

4
Day 21 (Felony)

Arraignment

In Miami-Dade, felony arraignment is automatically set on the 21st day after arrest. This is the hearing where charges are formally read and a plea, usually not guilty, is entered. If you have an attorney, your physical presence often isn't required.

5
Ongoing

Discovery

Both sides exchange the evidence and witnesses they intend to use. Florida gives the defense a broader tool than most states offer: the right to depose every witness the State plans to call at trial, including the officers involved in the arrest.

✳
A Possible Off-Ramp

Diversion or Pretrial Intervention

Not every case runs straight through to trial or a plea. First-time offenders and certain lower-level charges may qualify for a diversion program, sometimes called Pretrial Intervention (PTI), which can resolve the case outside the normal court track entirely. Successful completion often results in the charge being dropped, and cases resolved this way can later qualify for record sealing in a way a conviction never would. Not everyone qualifies, and eligibility depends heavily on the charge and criminal history.

6
90 or 175 Days From Formal Charge

Speedy Trial Deadline

Florida's speedy trial rule, Fla. R. Crim. P. 3.191, requires trial to begin within 90 days of formal charges for a misdemeanor, or 175 days for a felony. This clock is separate from the charge-filing deadline above, and it starts running once charges are actually filed, not at arrest. A defendant can also file a written Demand for Speedy Trial to force a faster track, though doing so carries real tradeoffs, since it also cuts off the ability to ask for more time to prepare.

7
Several Weeks Later

Case Management or Pretrial Conference

The court checks in on where the case stands. Felony cases call this case management; misdemeanor cases call it a pretrial conference. This is often where a plea offer gets discussed, or where the case gets set for trial.

8
If It Doesn't Resolve

Trial

Most cases resolve before this point. If not, the case is set for trial, and the length of that trial depends heavily on the charge and the complexity of the evidence involved.

→
After a Conviction

Appeals

A conviction is not necessarily the final word. Florida allows appeals and other forms of post-conviction relief under specific deadlines and procedural rules. See our full breakdown of appeals and post-conviction relief.

What happens if the State misses the 21-day deadline? The prosecutor actually has 30 days from arrest to formally file charges. If nothing is filed by day 21 and the person is still in custody, the defense can ask the court to release them on their own promise to appear, or request a hearing where the State has to show probable cause for the charges. If nothing is filed by day 30, the court will generally order release on recognizance by day 33 unless the State files by then. This deadline is a real, enforceable check on how long the State can hold someone without formally charging them.
Not every guilty outcome is a formal conviction. Florida law lets a judge "withhold adjudication" after a guilty plea, no contest plea, or guilty verdict, placing the person on probation instead of entering a formal conviction. For most purposes, this means the person can legally say they were not convicted, keeps their civil rights, and may become eligible for record sealing. It is not, however, a free pass in every context: Florida law specifically treats a withhold as a conviction for certain purposes, including habitual offender sentencing and sex offender registration. Whether a withhold is realistically available, and what it actually means for a specific charge, is worth a direct conversation with an attorney rather than an assumption either way.
How Long It Takes

Realistic Timelines, Not Guarantees

No two cases move at the same speed, but there are patterns.

Misdemeanor Cases
Felony Cases
CourtMiami-Dade County Court
CourtMiami-Dade Circuit Court
Typical overall lengthOften resolves within a few months, especially with an early plea or dismissal
Typical overall lengthCommonly six months to a year, longer for complex or heavily contested cases
Trial length, if it gets thereOften a day or two
Trial length, if it gets thereCan run a week or longer depending on the charge
Broward County runs this differently. There's no automatic arraignment date after arrest the way Miami-Dade sets one at 21 days. Prosecutors file charges only when they've decided to, and if they decide not to, there's never an arraignment date at all. If you're out of custody in Broward, arraignment can end up 45 to 60 days out. If your case crosses county lines, don't assume Miami-Dade's timeline applies.
Quick Answers

Common Timeline Questions

How long after an arrest does arraignment happen in Miami-Dade?+
For felony charges, arraignment is automatically set on the 21st day after arrest. Misdemeanor arraignments generally happen sooner. These dates can shift if the State needs more time to decide what, if anything, to file.
Does an arrest always lead to formal charges?+
No. An arrest and a formal charge are two different legal events. The State Attorney's Office reviews the arrest and decides independently whether to file, and prosecutors sometimes decline to file charges at all, a decision often called a "no action."
What is the difference between an information and an indictment?+
An information is the charging document a prosecutor files directly for most felony and misdemeanor cases. An indictment comes from a grand jury, a group of citizens who review evidence and vote on whether to charge, and is generally reserved for the most serious offenses, including those that could carry the death penalty or life imprisonment.
Can the State reduce a felony charge to a misdemeanor?+
Yes. This is sometimes called a "bind down" in Miami-Dade. It can happen when the prosecutor reviews the arrest and decides the evidence supports a lesser charge than what the arresting officer originally cited.
Do I have to be physically present for my arraignment?+
Often, no. If you have retained an attorney, they can typically enter a plea of not guilty on your behalf without you appearing in person. Check with your attorney about the specific requirements for your case.
What can I learn through discovery that I wouldn't otherwise know?+
Florida's discovery rules give the defense access to police reports, witness lists, physical evidence, and lab results, and allow depositions of every witness the State intends to call, including law enforcement. This is broader than what many other states allow, and it's often where the strongest issues in a case first come into focus.
What is pretrial diversion, and could my case qualify?+
Pretrial diversion, often called Pretrial Intervention or PTI, is a program that lets certain defendants, often first-time or lower-level offenders, resolve a case outside the normal prosecution track. Successful completion typically results in the charge being dropped rather than a conviction on record. Eligibility depends on the charge, criminal history, and the specific program available in the case, and it's worth raising early with an attorney rather than assuming it isn't an option.
Why does my case keep getting reset?+
Resets happen for a range of reasons: the State needs more time to review evidence, discovery isn't complete, both sides are negotiating a plea, or the court calendar is simply full. A reset is common and doesn't necessarily signal anything about how the case is going.
What is Florida's speedy trial rule?+
Under Fla. R. Crim. P. 3.191, a person formally charged with a misdemeanor must be brought to trial within 90 days, and a felony within 175 days. As of a July 2025 rule change, this clock starts when formal charges are filed, not at the moment of arrest. It's a separate deadline from the charge-filing timeline itself.
What happens if the State misses the speedy trial deadline?+
The defense can file a Notice of Expiration of Speedy Trial Time. The court then has to hold a hearing within 5 days, and the State gets a 30-day recapture period to bring the case to trial. If they still miss that window, the case can be dismissed, though under the current rule that dismissal is generally without prejudice, meaning the State can often refile, unless the delay also violated the defendant's constitutional speedy trial right.
Should I file a Demand for Speedy Trial?+
It depends entirely on the case. A demand forces the court to set trial within 60 days, but it's a binding representation that you're already prepared for trial, which cuts off the ability to request more time later for investigation, discovery, or negotiation. This is a strategic decision worth discussing carefully with an attorney rather than filing reflexively.
What does it mean when charges are "nolle prossed"?+
Nolle prosequi, often shortened to "nolle pross," is the State formally dropping charges after they've already been filed. It's different from a "no action" decision, which happens before charges are ever filed in the first place. A nolle pross generally ends the case, though the State can sometimes refile later depending on the statute of limitations and the circumstances.
What does "withhold of adjudication" mean in Florida?+
A withhold of adjudication happens when a judge accepts a guilty or no contest plea, or a guilty verdict, but stops short of entering a formal conviction, placing the person on probation instead. For most purposes under Florida law, a person with a withhold can legally say they were not convicted and keeps their civil rights. It is not absolute protection, though: Florida law specifically treats a withhold as a conviction for certain purposes, including habitual offender sentencing enhancements and sex offender registration. A withhold generally remains on the public record permanently unless later sealed.
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See our full guide to what to do right after an arrest, our Bail and Bond Guide, or our breakdown of self-representation.

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