What Happens After an Arrest?

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Misdemeanor arraignments generally happen sooner. These dates can shift if the State needs more time to decide what, if anything, to file." } }, { "@type": "Question", "name": "Does an arrest always lead to formal charges?", "acceptedAnswer": { "@type": "Answer", "text": "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.\"" } }, { "@type": "Question", "name": "What is the difference between an information and an indictment?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "Can the State reduce a felony charge to a misdemeanor?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "Do I have to be physically present for my arraignment?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What can I learn through discovery that I wouldn't otherwise know?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What is pretrial diversion, and could my case qualify?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "Why does my case keep getting reset?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What is Florida's speedy trial rule?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What happens if the State misses the speedy trial deadline?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "Should I file a Demand for Speedy Trial?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What does it mean when charges are \"nolle prossed\"?", "acceptedAnswer": { "@type": "Answer", "text": "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." } }, { "@type": "Question", "name": "What does \"withhold of adjudication\" mean in Florida?", "acceptedAnswer": { "@type": "Answer", "text": "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." } } ] } ] }