FAQs

Turner Law Office

Florida Criminal Case FAQ: What to Expect After an Arrest

If you or someone you care about has been arrested in Florida, it’s normal to feel overwhelmed and unsure of what happens next. This page explains the criminal court process in plain English—from arrest and booking, to bond/first appearance, arraignment, discovery, motions, trial, sentencing, and even potential immigration consequences—so you can make informed decisions early.

Serving Florida’s 14th Judicial Circuit: Bay, Calhoun, Gulf, Holmes, Jackson, and Washington Counties.


If you were just arrested: 5 things to do right now

  • Stay calm, be polite, and do not physically resist—save the legal fight for court.
  • Say: “I am using my right to remain silent. I want a lawyer.” Then stop talking about the case.
  • Do not consent to searches (car, phone, home) unless your attorney advises otherwise.
  • Assume you are being recorded (patrol car, jail phones) and avoid discussing facts with anyone except your lawyer.
  • Have a family member write down the arrest details (agency, location, case number if available) and contact counsel as soon as possible.



Disclaimer: This information is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Every case is different—please consult a qualified criminal defense lawyer regarding your specific situation.

  • What happens right after I’m arrested?

    Once you are arrested, you are generally transported to a local jail for processing. This process often involves taking fingerprints, photographing you, completing documentation, and conducting a search. Personal belongings are collected and secured. Being arrested does not mean you are guilty. You remain legally innocent unless the court determines otherwise.

  • Can police lie to me during questioning?

    In many cases, law enforcement is permitted to use certain deceptive tactics during questioning, such as suggesting they have evidence or statements that may not actually exist. Because of this, it is generally advisable to avoid answering questions and request legal representation first.

  • Should I talk to the police to “clear things up”?

    In most situations, speaking to the police in an attempt to explain your side can lead to unintended consequences. Even harmless information may be misinterpreted or used against you. A safer approach is to clearly state that you are choosing to remain silent and would like to speak with an attorney.

  • What if I refuse to answer questions?

    You are legally entitled to decline answering questions. Choosing not to respond cannot be used as grounds for punishment. While officers may still attempt to question you, requesting an attorney typically requires them to stop discussing the matter further. Additionally, your decision to remain silent cannot be presented in court as evidence of wrongdoing.

  • Can police search my car without permission?

    In most situations, officers must have permission, a valid warrant, or a legal basis such as probable cause to search a vehicle. Probable cause refers to a reasonable belief, based on observable facts, that the car contains evidence of a crime. Stating clearly that you do not agree to a search can help preserve your rights, even if the search proceeds.

  • What if I said something before being read my rights?

    Statements made before receiving Miranda warnings may be challenged by your attorney and potentially excluded from court if the judge finds a violation. However, if the court determines that you were not officially in custody at the time, those statements could still be admitted. For this reason, it’s generally best to avoid speaking altogether.

  • Am I being recorded in the police car?

    In most cases, patrol vehicles are equipped with audio and video recording systems. Conversations inside the vehicle, including phone calls or casual remarks, are often captured. To protect yourself, it’s best to assume that everything you say from the time of the stop until your release is being recorded.

  • Can police take my phone and look through it?

    Law enforcement may seize your phone if they suspect it is linked to an investigation. Accessing its contents—such as messages, images, or apps—usually requires a warrant, although certain exceptions may apply. You are not required to provide your password, and doing so voluntarily is not recommended. If a search is conducted improperly, your attorney may be able to challenge the evidence.

  • Do I have to let the police into my home?

    Officers generally cannot enter your home without a warrant unless there is an urgent situation requiring immediate action. If asked, you have the right to refuse entry by clearly stating that you do not give permission. If entry is forced, avoid any physical resistance and allow your legal counsel to address the situation through the proper legal process.

  • What should I say if I’m arrested?

    The best response is short and respectful: “I am using my right to remain silent. I want a lawyer.” Beyond giving your name and basic identifying information, you should not answer questions. Staying calm and polite makes things easier in the moment, but silence is your strongest protection.

  • What if the police use force or threaten me?

    Stay as calm as possible and do not fight back physically. Even if police use excessive force, resisting may lead to more charges. Instead, try to remember details (officers’ names, badge numbers, locations) and share them with your lawyer. If your rights were violated, your lawyer can advise you about the best next steps. Depending on the facts, that may include filing motions in the criminal case, making a complaint, or pursuing other legal remedies.

  • Can I call someone right away?

    In most cases, yes—you’ll be allowed to make at least one phone call after booking. Some counties allow more. Jail calls are often recorded, so it’s safest not to discuss the facts of your case over the phone. The safest call is to a lawyer or a trusted family member who can contact one for you.

  • What if the arrest is a mistake?

    Even if you’re innocent, police may still arrest you if they believe there is probable cause. That does not mean you’ll be convicted. Your lawyer can review the evidence and, when appropriate, push for reduced charges or dismissal. Never resist arrest, even if it feels unfair. Fighting the charges in court is always safer than fighting the police in the street.

  • Do I get my property back after an arrest?

    Usually, yes. Your personal items will be taken during booking and stored. After release, you’ll get them back. If police seized items as evidence (like your phone, computer, or cash), you may not get them until the case is resolved—or sometimes not at all if the court says they were connected to the crime. Your lawyer can file motions to return property if it’s being held unnecessarily.

  • What does “booking” mean?

    Booking is the process that happens after you’re arrested and brought to jail. Officers take your fingerprints, photograph you, and record your personal information. They also log the charges against you into the system. Your belongings are taken, stored, and returned when you’re released (unless they’re kept as evidence). Booking is mostly paperwork and procedure. The key is to stay calm, follow instructions, and focus on the next steps: bond and your first appearance before a judge (if required).

  • How long will I stay in jail before I see a judge?

    In many cases, you’ll see a judge within 24 hours of arrest. This first hearing is often called a first appearance. The judge reviews the charges and decides whether to set bail, release you with conditions, or—more rarely—hold you without bail while the State requests pretrial detention. If you’ve already posted bond before first appearance, you may be released without seeing the judge. But if you’re being held on serious charges, you may stay longer until the court makes a decision.

  • What is bail?

    Bail (often called bond) is a way to secure your release while the case is pending. The court sets an amount and/or conditions to help ensure you return to court and follow the rules. If you make all required court appearances and comply with conditions, cash bond is typically returned at the end of the case, minus any required fees or costs. If you miss court, the judge can forfeit the bond and issue a warrant.

  • What’s the difference between cash bail and using a bondsman?

    Cash bond: You (or someone for you) pays the full amount to the clerk/court. If you comply with all conditions, you usually receive most of it back when the case ends (fees/costs may be deducted). Surety bond (bail bondsman): You pay a nonrefundable fee (often around 10%) to a bondsman, and the bondsman posts the bond. You typically do not get that fee back. Which option makes sense depends on the bond amount, your finances, and any conditions the court sets. Your lawyer can also advise you if there are strategic reasons to seek a bond modification. If you paid cash bail, you usually get it back at the end of the case, minus court fees. This is true even if you’re convicted, as long as you appeared for all hearings. If you used a bondsman, you don’t get your 10% fee back—that’s their profit. But you do avoid tying up a large amount of cash for months or years.

  • What if I can’t afford bail?

    If you can’t afford bond, you may be eligible for a pretrial release program (availability and eligibility vary by county and charge). These programs can allow release without paying money, but they often come with strict conditions (check-ins, testing, GPS monitoring, or stay-away orders). Your lawyer can also request a bond reduction or bond modification. Judges commonly consider factors like community ties, prior record, the seriousness of the charge, and whether conditions can reasonably address safety concerns.

  • Can bail be denied?

    Sometimes. In certain serious cases, the State may seek pretrial detention (keeping someone in custody without bond). The judge considers factors like the nature of the charge, prior record, and whether any combination of conditions can reasonably protect the community and ensure court appearances. Most people are given some form of bail, but the amount and conditions may be strict.

  • What are pretrial release programs?

    Pretrial release programs are alternatives to paying bail. Instead of money, you’re released under conditions like: Regular check-ins with an officer Drug or alcohol testing GPS ankle monitoring Travel restrictions These programs are common in domestic violence cases or when someone can’t afford bail. The conditions can be strict, and violations can lead to changes in release status, including being brought back to court and potentially held in custody.

  • What happens if I miss a court date while on bail?

    Missing a court date is serious. The judge can issue a bench warrant and may forfeit your bond. If you used a bondsman, they may take steps to locate you because they are financially responsible for the bond. If you miss court for a valid reason (like a medical emergency), contact your lawyer immediately. Your lawyer can help you gather documentation and ask the court to address the warrant and reset the date as quickly as possible.

  • Can bail conditions be changed later?

    Yes. Your lawyer can file a motion to modify bail conditions. For example, if you’re on electronic monitoring but get a steady job, your lawyer may ask the judge to remove or ease that condition. Judges often consider these requests if you’ve been following all rules, showing up to court, and staying out of trouble while your case is pending.

  • What is arraignment?

    Arraignment is usually the first formal court hearing after your arrest. At this hearing, the judge tells you what charges have been filed and asks for your plea: Guilty, Not Guilty, or No Contest. It’s like the official starting point of your case. Nothing major usually happens at arraignment besides entering a plea. It’s more administrative than dramatic, but it’s an important milestone in the process.

  • Do I have to go to arraignment if I have a lawyer?

    In many cases, no. If you hire a private lawyer before your arraignment, they can file a written plea of Not Guilty and a waiver of appearance. This means you don’t have to show up in person. If you don’t have a lawyer yet, you must attend. The judge can appoint a public defender if you qualify financially.

  • What if I miss my arraignment?

    Missing arraignment can create serious problems. In many cases, the judge will issue a bench warrant, which authorizes law enforcement to take you into custody so you can be brought back to court. If you realize you missed it, contact your lawyer as soon as possible. Depending on the circumstances, your lawyer may be able to file a motion to recall the warrant and reset the court date, which can sometimes be handled without you being taken into custody.

  • What are my plea options at arraignment?

    You generally have three choices: Not Guilty: This keeps all your rights intact and gives your lawyer time to review the evidence. Guilty: You admit the charges. This ends the case but may result in sentencing right away. No Contest (Nolo Contendere): You don’t admit guilt, but you accept punishment. Most defense lawyers recommend starting with Not Guilty, even if you plan to negotiate later. You can always change your plea, but you can’t undo a guilty one.

  • Can I plead guilty at arraignment to end the case quickly?

    You can, but it’s rarely a good idea. At arraignment, you don’t yet know what evidence the State has—or doesn’t have. Pleading guilty too soon may rob you of the chance to fight the case or negotiate a better deal. Even if you’re planning to take a plea later, starting with a Not Guilty plea keeps your options open.

  • What does “No Contest” mean?

    “No Contest” means you don’t fight the charges, but you also don’t admit guilt. The court treats it the same as a guilty plea when it comes to punishment. Some people choose this option because they don’t want their plea used against them in a related civil case, like a car accident lawsuit. However, immigration law often treats “No Contest” as if you were guilty, so non-citizens must be very cautious with this plea.

  • What is a waiver of appearance?

    A waiver of appearance is a document your lawyer can file so you don’t have to attend certain court dates, including arraignment. This saves you from sitting in a crowded courtroom while your name is called on a long list. Once a waiver is filed, you only need to appear for major events like trial, plea hearings, or specific hearings where the judge orders you to attend.

  • Will evidence be shown at arraignment?

    No. Arraignment is not a trial. The judge does not hear witnesses, and the prosecutor does not present evidence at this stage. The purpose is simply to inform you of the charges and enter a plea. Evidence comes later during discovery and pretrial hearings. Arraignment is just the official “check-in” that sets your case on the path forward.

  • How long does arraignment take?

    How long does arraignment take?

  • Can my case be dismissed at arraignment?

    It’s possible, but rare. Sometimes the prosecutor decides not to file charges by the arraignment date, or files reduced charges. In those cases, your case might be dismissed or downgraded. But for most people, arraignment is just the beginning. Dismissals are more likely to happen later through motions or plea negotiations.

  • What’s the difference between a misdemeanor and a felony?

    Misdemeanors are less serious crimes, usually punished by up to one year in county jail. Felonies are more serious and can lead to years in state prison. The difference isn’t just in punishment—it also affects how your case moves through the court system. Misdemeanors are handled in county court. Felonies are handled in circuit court, and the procedures and potential consequences are generally more complex and serious.

  • What’s the punishment for misdemeanors?

    Misdemeanors come in two levels: Second-degree: Up to 60 days in jail First-degree: Up to 1 year in jail Even though these sound minor, they can have serious consequences. A misdemeanor conviction can still hurt your career, affect your immigration status, and stay on your record permanently unless sealed or expunged.

  • What’s the punishment for felonies?

    Felonies are divided into levels: Third-degree: Up to 5 years in prison Second-degree: Up to 15 years First-degree: Up to 30 years Life felony: Life in prison Capital felony: Life or the death penalty Felonies also often include heavy fines, probation, and the loss of important rights like voting and gun ownership.

  • What is Florida’s sentencing score sheet?

    Florida uses a point system to guide sentencing. Each crime is assigned a certain number of points, and your past criminal record adds more. Judges use this score sheet to calculate a recommended sentence. If your score is high (over 44 points), you may face mandatory prison unless the judge has a special reason to depart downward. If your score is low (under 22 points), prison is unlikely unless aggravating factors are present.

  • What does “over 44 points” mean?

    On Florida’s score sheet, 44 points is the prison threshold. If your case adds up to more than 44 points, the judge is supposed to sentence you to prison unless they find a strong reason not to. Lawyers often fight hard at sentencing to show reasons for a downward departure—like strong family support, job stability, or unusual circumstances.

  • Can a misdemeanor become a felony?

    Yes. Some crimes “stack” if repeated. For example, a second battery charge can become a felony. A third DUI also becomes a felony, even if the earlier DUIs were misdemeanors. This is why repeat offenses matter so much. Something that seems “small” now could lead to much harsher consequences later.

  • Why do some people get harsher penalties for the same crime?

    Sentencing often depends on more than the crime itself. A person’s criminal history, the prosecutor’s discretion, and the judge’s personal style all matter. Two people with the same charge can walk away with very different outcomes. For example, one judge may prefer probation for first-time offenders, while another may hand out short jail sentences. Prosecutors may also treat cases differently depending on their workload, policies, or even personal beliefs.

  • What’s the “trial tax”?

    “Trial tax” is a common term for the perceived risk that a person who rejects a plea offer and later loses at trial may receive a harsher sentence than what was offered before trial. There is no official “tax,” and judges cannot punish someone for exercising the right to trial—but in practice, the sentencing exposure after a conviction can be much higher than a negotiated plea. One reason is simple risk management: plea offers often account for uncertainties in proof, witnesses, and trial outcomes. If a jury convicts, the court may sentence based on the full guideline range, mandatory minimums (if any), and the facts proved at trial—so the result can be significantly more serious than the earlier offer.

  • How do prosecutors decide what to charge me with?

    Prosecutors have wide discretion. They review the police reports and decide what charges to file, reduce, or sometimes dismiss. Their decision depends on the evidence, the seriousness of the crime, and office policies. In the 14th Judicial Circuit, new prosecutors often handle misdemeanors, while more experienced ones handle serious felonies. That experience level can affect how fairly—or harshly—your case is treated.

  • Can charges be reduced later?

    Yes. Charges can sometimes be reduced as more information comes in—through investigation, discovery, witness issues, legal motions, or plea negotiations. Your lawyer can negotiate for reduced charges, especially if you’re a first-time offender, if the State’s case is weak, or if there’s overwhelming court congestion.

  • What is discovery?

    Discovery is the process where the defense and the State exchange information and evidence. In many Florida cases, the State must provide items like police reports, witness statements, videos, lab results, and other materials related to the charges (subject to certain rules and limits). Discovery is important because it gives you and your lawyer a chance to see the State’s evidence and plan your defense. Without it, you’d be walking into trial blind.

  • When does my lawyer get the evidence?

    After your lawyer files a Notice of Discovery, the State is generally required to provide discovery within a set time period under Florida rules. In practice, timelines can vary—especially for bodycam/dashcam video, lab testing, digital evidence, or cases involving multiple agencies. Your lawyer can request missing items, follow up with the prosecutor’s office, and—when needed—ask the judge to set deadlines or order production.

  • What if the prosecutor doesn’t give us everything?

    If the State does not provide required discovery, your lawyer can ask the court to order disclosure. Depending on what was withheld and why, the judge may also consider remedies like a continuance (more time to prepare), limits on how the State can use late-disclosed evidence, or other sanctions. In some cases, if hidden evidence comes to light after trial, it can be grounds for an appeal or a new trial. That’s why lawyers carefully review discovery and stay alert for signs the State is holding something back.

  • What is Brady material?

    Brady material is evidence that helps the defense or hurts the credibility of State witnesses. It comes from a U.S. Supreme Court case, Brady v. Maryland. Prosecutors are required to hand over this type of evidence, even if it damages their own case. Examples can include: a witness giving inconsistent statements, information that undermines a key witness’s credibility, lab results that don’t support the State’s theory, or evidence pointing to someone else. If Brady material is withheld, it can lead to court sanctions and—if it affected the outcome—may support relief after trial.

  • Can I see all the evidence myself?

    Yes, your lawyer can share discovery with you. Sometimes lawyers give clients summaries instead of full copies to avoid overwhelming them or to protect sensitive information. In jail cases, access may be limited, but you can usually review discovery during meetings with your lawyer. Being involved and asking to see discovery helps you understand your case better and may remind you of details or witnesses your lawyer should know about.

  • What is a deposition?

    A deposition is a sworn interview of a witness before trial. In Florida, defense lawyers can depose most State witnesses, including police officers. The witness answers questions under oath while a court reporter records everything. Depositions can lock in testimony, reveal inconsistencies, and help your lawyer prepare for cross-examination. But they can also give the State a preview of issues in the case, so experienced lawyers use them strategically.

  • Do all witnesses get deposed?

    No. Some defense lawyers depose many witnesses, but that’s not always necessary. Depositions take time and can give witnesses a chance to clarify their story before trial. Many experienced defense lawyers are selective and focus on key witnesses where locking in testimony is important. Most experienced defense lawyers are selective, deposing only key witnesses where locking in testimony is critical.

  • Can I get copies of police bodycam video?

    Often, yes. If body-worn or dash camera footage exists and is in the State’s possession (or control), it is typically provided in discovery. Video can be very helpful—it may confirm what happened, clarify timing, or highlight details that don’t show up in written reports. If video is missing or delayed, your lawyer can request it in writing and file a motion to compel when appropriate. Sometimes footage was never activated, was not retained, or is stored by a different agency—those details can still matter and may become an issue your lawyer investigates.

  • What if a witness lies?

    If a witness’s statement is inaccurate or inconsistent, your lawyer can challenge it through depositions, cross-examination at trial, and by comparing the testimony to other evidence (like video, records, or messages). If the State knowingly presents false testimony, that can raise serious constitutional issues. The remedy depends on the facts and timing, but it may include sanctions, a new trial, or post-conviction relief.

  • Do I have to give the State my evidence?

    In some cases, yes. If you plan to use certain defenses—like an alibi—you must notify the State in advance. You also have to share reports from any experts you plan to call at trial. Your lawyer will help you follow Florida’s reciprocal discovery rules and decide what must be disclosed and when. In many cases, timing decisions are strategic and depend on the defense, the court’s schedule, and the rules that apply.

  • What is a motion to suppress?

    A motion to suppress asks the judge to keep certain evidence out because it was obtained in violation of the law (for example, an illegal search or seizure). If the judge agrees, that evidence generally can’t be used by the State at trial. If a key piece of evidence is suppressed, the State’s case may become much weaker—and in some situations, the prosecutor may reduce or dismiss charges. Even when a case does not end, suppression can change the negotiation landscape.

  • What is a Stand Your Ground motion?

    Florida law allows you to argue that you acted in self-defense and should not even face trial. A Stand Your Ground motion asks the judge to dismiss your charges before trial if the evidence shows you acted lawfully to protect yourself. The upside is that if the motion succeeds, the case ends immediately. The downside is that it gives the prosecutor a chance to see your defense strategy in advance. That’s why lawyers usually file it only when they’re confident the facts are strong.

  • What is a motion to dismiss?

    A motion to suppress asks the judge to keep certain evidence out because it was obtained in violation of the law (for example, an illegal search or seizure). If the judge agrees, that evidence generally can’t be used by the State at trial. If a key piece of evidence is suppressed, the State’s case may become much weaker—and in some situations, the prosecutor may reduce or dismiss charges. Even when a case does not end, suppression can change the negotiation landscape.

  • What is a Stand Your Ground motion?

    Florida law allows you to argue that you acted in self-defense and should not even face trial. A Stand Your Ground motion asks the judge to dismiss your charges before trial if the evidence shows you acted lawfully to protect yourself. The upside is that if the motion succeeds, the case ends immediately. The downside is that it gives the prosecutor a chance to see your defense strategy in advance. That’s why lawyers usually file it only when they’re confident the facts are strong.

  • What is a motion to dismiss?

    A motion to dismiss argues that even if all the facts in the charging documents are true, they don’t add up to a crime under the law. For example, if someone is charged with burglary but the building was abandoned and not legally “occupied,” a dismissal might be appropriate. These motions are less common than motions to suppress, but they can still be effective in cases where the State’s paperwork or legal theory is weak.

  • Can motions ever get cases thrown out?

    Sometimes. If a motion results in important evidence being excluded—or shows the State cannot legally prove an element—the prosecutor may dismiss or substantially reduce the case. Motions are fact-specific and can be hard-fought. Even when a motion is denied, it can still educate the defense about the State’s theory, preserve issues for appeal, and improve leverage in negotiations.

  • What is a plea bargain?

    A plea bargain is an agreement between you and the prosecutor. You agree to plead guilty or no contest to some or all charges, and in return, the State agrees to a lighter sentence or reduced charges. Plea bargains are the most common way cases are resolved in Florida. They can reduce risk, but they also mean giving up your right to a trial.

  • Should I always take a plea deal?

    Not always. While plea deals can reduce exposure to harsher penalties, they can also have important collateral consequences (like employment, licensing, immigration, or firearms rights). Probation is common in plea deals and can be manageable—but it comes with strict conditions, and violations can lead to additional penalties. The decision to accept a plea should only be made after reviewing the evidence, the possible trial outcome, and your long-term goals.

  • What happens if I reject a plea offer?

    If you reject a plea, your case moves toward trial. The prosecutor may withdraw the offer or make a tougher one later. Sometimes rejecting a plea creates leverage—prosecutors don’t always want to risk trial. But rejecting a plea also means taking on the risk of the “trial tax”—a harsher sentence if you lose at trial.

  • Can the judge reject a plea deal?

    Yes. Judges must approve all plea deals. If they think the agreement is too lenient or doesn’t follow legal rules, they can reject it. This is rare, but it happens in serious cases. If a judge rejects a deal, you can choose to renegotiate with the prosecutor or continue to trial.

  • What are the risks of probation?

    Probation can be a good outcome in some cases, but it comes with strict rules—like reporting requirements, travel limits, drug testing, community service, treatment, and “no contact” orders. What counts as a violation can be as small as missing an appointment or falling behind on costs. If the court finds a violation, the judge can impose additional penalties, including jail or prison, up to the maximum sentence allowed for the underlying offense. Depending on the sentence and circumstances, you may or may not receive credit for time spent on probation—so it’s important to treat probation conditions as seriously as a court date.

  • Why do so many people plead guilty?

    Many cases resolve by plea because trials carry risk and uncertainty. Depending on the evidence and potential sentence, some people choose a negotiated outcome to reduce exposure—even when they have defenses worth exploring. Courts handle a very large number of cases, so plea negotiations are a common way cases resolve. That said, the decision should be based on your evidence, your risk tolerance, and your long-term goals—not on pressure.

  • What is jury selection?

    Jury selection is the process of choosing the group of citizens who will decide your case. Dozens of potential jurors are brought into the courtroom, and both the prosecutor and your lawyer ask them questions to see if they can be fair. Jurors who show bias—like saying they always trust police or think anyone arrested must be guilty—can be removed. The goal is to create a jury that can truly listen to both sides and decide only on the evidence.

  • How many jurors will I have?

    In most Florida criminal cases, you’ll have six jurors. In capital cases, where the death penalty is possible, there are twelve jurors. These jurors are the ones who decide your guilt or innocence. Their decision must be unanimous—every juror must agree on the verdict.

  • What is voir dire?

    “Voir dire” is a French term that means “to speak the truth.” It’s the part of jury selection where lawyers ask questions to potential jurors. This is the defense lawyer’s chance to build trust, explain key concepts like “reasonable doubt,” and remove jurors who may be unfair. It’s one of the most important stages of trial because it shapes who will be judging your case.

  • Do I get to pick my jurors?

    Not directly. Your lawyer and the prosecutor ask questions, and then each side can challenge certain jurors. Some jurors are removed “for cause” (like obvious bias), while others can be struck with a limited number of “peremptory challenges.” So while you don’t personally select the jurors, your lawyer plays a key role in shaping the group.

  • What happens if a juror is biased?

    If a juror shows bias during voir dire—for example, saying they “always believe the police”—your lawyer can ask the judge to excuse them “for cause.” If the bias comes up later during trial, your lawyer can ask the judge to remove that juror and replace them with an alternate. Protecting your right to a fair jury is one of the defense’s biggest responsibilities.

  • Do I have to testify?

    No. You always have the right to remain silent at trial, just like during arrest. The decision to testify is yours, and you should make it after carefully talking with your lawyer. Sometimes it helps to tell your side. Other times, it’s safer to let the State try—and fail—to prove their case without you saying a word.

  • Can the jury hold it against me if I don’t testify?

    No. The judge will specifically instruct the jury that they cannot use your silence as evidence of guilt. It’s a constitutional right not to testify. Your lawyer can address this during trial by reminding jurors that the burden is entirely on the State and that you have an absolute right not to testify.

  • How long does a trial usually last?

    It depends on the charge. A simple misdemeanor trial may last only a day or two. A felony trial could last a week or more. Delays are common. Even if your trial is set for a certain week, it might get continued because of court congestion or scheduling conflicts.

  • What happens in opening statements?

    The prosecutor goes first and outlines the story they plan to prove. Then your lawyer gives an opening statement, often reminding the jury that what the prosecutor says is not evidence—it’s just a preview. A good defense opening sets the stage for doubt and encourages the jury to pay close attention to inconsistencies in the State’s case.

  • What is cross-examination?

    Cross-examination is when your lawyer questions the State’s witnesses after they testify. It’s one of the defense’s most powerful tools. A skilled cross-examination can highlight inconsistencies, test a witness’s memory and perception, and show jurors why the testimony may not be reliable.

  • What happens if the prosecutor hides evidence at trial?

    If evidence is not disclosed as required, your lawyer can object and ask the judge for a remedy. Depending on the situation, that can include a continuance, requiring the State to disclose the evidence, limiting how the evidence can be used, or excluding it. If hidden evidence is discovered after trial, it may be grounds for appeal or a new trial.

  • What is “reasonable doubt”?

    Reasonable doubt is the highest standard of proof in the American justice system. It means the jury must be firmly convinced of guilt. If there’s any reasonable question about whether the defendant committed the crime, the verdict must be Not Guilty. This standard is intentionally high because a person’s freedom is at stake.

  • Can the jury ask questions?

    In Florida criminal trials, jurors don’t directly question witnesses. They must listen to the evidence presented by both sides. Jurors do sometimes submit written questions to the judge, but this is rare and depends on the judge’s rules.

  • What happens if the jury can’t agree?

    If the jury cannot reach a unanimous verdict, it’s called a hung jury. In that case, the judge declares a mistrial. The prosecutor then decides whether to dismiss the charges, offer a new plea deal, or retry the case with a new jury.

  • What if the judge makes a mistake during trial?

    If the judge allows improper evidence, gives the wrong jury instructions, or makes another legal error, your lawyer can object. If the error affects the outcome, it can be appealed after trial. That’s why lawyers constantly object during trial—to preserve issues for appeal and protect your rights.

  • What happens right after a guilty verdict?

    If you are found guilty (or if you pled guilty earlier), the case moves into sentencing. Sometimes sentencing happens right away, especially in minor cases. In more serious cases, the judge will schedule a separate sentencing hearing a few weeks later. During this period, the probation office may prepare a presentence investigation report (PSI) that gives the judge background on you—your history, work, family, and other details. This report can influence how harsh or lenient your sentence will be.

  • What is a sentencing hearing?

    A sentencing hearing is where the judge decides your punishment. The prosecutor, your lawyer, and sometimes even victims may speak. You or your family members may also be allowed to give statements asking for mercy or explaining your situation. This is your lawyer’s chance to present mitigating factors—things that make you deserve a lighter sentence, such as steady employment, family responsibilities, or efforts at rehabilitation.

  • What is mitigation?

    Mitigation means presenting reasons why the judge should go easier on you. For example, showing that you support children, volunteer in the community, or have taken steps like entering rehab or counseling. Mitigation doesn’t erase guilt, but it can reduce punishment. A strong mitigation presentation can sometimes mean the difference between prison and probation.

  • Can my family speak at sentencing?

    Often, yes. Judges may allow family, friends, or employers to write letters or even speak in court. These statements can humanize you, showing the judge you’re more than just a case number. Well-prepared family testimony can make a big impact, especially if it highlights your positive contributions and the harm your absence would cause.

  • What are sentencing guidelines?

    Florida uses a point system called the Criminal Punishment Code. Each crime is assigned a point value, and your prior record adds more points. The total points determine a guideline range for sentencing. Judges usually follow the guidelines, but they can sometimes “depart downward” and give a lighter sentence if there are special reasons.

  • Can the judge go below the guidelines?

    Yes, but only in special circumstances. These are called downward departures. For example, if you show exceptional rehabilitation efforts or if unusual factors make the standard sentence too harsh, a judge may go below the guidelines. Your lawyer must file a motion and argue clearly why your case qualifies. Judges won’t do this automatically.

  • How soon do I have to file an appeal?

    You generally have 30 days from sentencing to file a Notice of Appeal in Florida. Missing that deadline can severely limit—or eliminate—your appeal options. That’s why it’s critical to talk to your lawyer about appeal options right after sentencing. Even if you’re considering it, filing the notice keeps the door open while you decide.

  • What happens during an appeal?

    An appeal is not a new trial. Instead, a higher court reviews the record to see if legal errors were made at trial or sentencing. Common appeal issues include improper jury instructions, wrongly admitted evidence, or a judge’s legal mistakes. If the appeals court finds a serious error, they may order a new trial, reverse the conviction, or send the case back for a new sentencing.

  • What is a post-conviction motion?

    A post-conviction motion is a separate legal filing after your direct appeal. You might file one if you discover new evidence, or if you believe your trial lawyer was ineffective. These motions are complex and often require detailed proof. But they can sometimes overturn convictions or reduce sentences even years later.

  • Can I get a new trial if new evidence appears?

    Yes, but only if the evidence is truly new and important. For example, if a witness recants their testimony or DNA testing proves innocence, a judge may grant a new trial. The new evidence must be something that couldn’t have been discovered earlier with reasonable effort. Courts set a high bar, but it can happen, especially with modern forensic technology.

  • Will this affect my green card?

    Criminal charges and convictions can affect permanent residents. Certain outcomes—especially some drug offenses, domestic violence-related offenses, and theft/fraud-type offenses—may trigger immigration consequences (for example, “crimes involving moral turpitude” or “aggravated felonies” under federal immigration law). Even some misdemeanor outcomes can create serious immigration issues. If you are not a U.S. citizen, it’s smart to make sure your criminal defense lawyer coordinates with (or refers you to) an immigration attorney before any plea is entered.

  • Can I be deported for a misdemeanor?

    Some misdemeanors can still trigger removal consequences. Immigration law classifies offenses differently than Florida criminal law does, and the risk often depends on the exact statute, the plea wording, and the sentence imposed. The safest rule: never assume a misdemeanor is harmless if you’re not a U.S. citizen. Always check immigration consequences before making any plea decision.

  • Can I be deported if I plead No Contest?

    Yes. Immigration law usually treats a No Contest plea the same as a guilty plea. Even if you never say “I’m guilty,” the conviction still counts for immigration purposes. This is a common area where people get surprised: a plea that seems “minor” in state court can still carry major immigration consequences. Always get immigration advice before accepting any plea if you are not a U.S. citizen.

  • What is an ICE hold?

    An ICE hold (also called a detainer) is when Immigration and Customs Enforcement asks the local jail to keep you in custody after your criminal case so they can take you into immigration custody. If there is an ICE detainer, posting bond in the criminal case may not result in release to the street; you may be transferred to ICE custody. Because timing and agency practices vary, it’s important to get legal advice before making decisions about bond.

  • Should I post bail if I’m not a U.S. citizen?

    If you are not a U.S. citizen, don’t make bond decisions without legal advice. In some situations, posting bond is still appropriate; in others, a detainer or other immigration issue may change what happens after release. Because immigration issues can affect what happens after release, it’s important to get individualized advice before posting bond. Your criminal defense lawyer may coordinate with an immigration attorney so bond decisions align with both cases.

  • What if I have DACA or Temporary Protected Status (TPS)?

    Criminal charges and convictions can put statuses like DACA or TPS at risk. Eligibility and renewal rules are strict, and even a seemingly small case can have outsized consequences. If you have these statuses, it’s especially important to understand immigration consequences before entering any plea. Small differences in charges or sentencing can matter.

  • Do juvenile charges affect immigration?

    Juvenile cases are treated differently under immigration law, but they can still cause problems. While juvenile adjudications aren’t considered convictions, the facts of the case can be used against you in immigration proceedings. For example, if immigration authorities believe you’ve been involved in gang activity or drugs, even juvenile cases can create risks.

  • Can I apply for citizenship after a conviction?

    It depends on the conviction. Some crimes create a permanent bar to citizenship. Others may delay eligibility until a certain period of “good moral character” has passed, usually five years. If you’re considering applying for naturalization, always consult an immigration attorney first to see if your record makes you eligible.

  • Can my lawyer talk to immigration for me?

    Your criminal defense lawyer can explain the immigration risks of your case, but often you’ll also need a separate immigration attorney. The two lawyers should communicate so that any plea deal is safe under both systems. Many criminal defense firms work closely with immigration lawyers because the overlap is so important for non-citizen clients.

  • What should I do if immigration shows up at the jail?

    If ICE officers question you in jail, you still have the right to remain silent. Do not sign paperwork you don’t understand without legal advice. Some forms can affect your immigration case and your ability to fight removal. Contact your family and ask them to connect you with both a criminal defense lawyer and an immigration lawyer as soon as possible. Early coordination can help protect your options.


Disclaimer: The information obtained from this site does not create an attorney-client relationship and should not be taken as legal advice. You should first consult a lawyer to discuss your specific situation. Please do not send any confidential information until you have spoken with our attorney and established an attorney-client relationship. Feel free to contact our firm with any questions.