Thomas C. Grajek | July 16, 2025 | Criminal Defense
Being charged with a crime in Florida is a serious matter that can turn your life upside down. Whether you’re facing misdemeanor or felony charges, such as federal crimes or theft crimes, understanding the steps of a criminal trial can help ease some of the anxiety and confusion.
Here’s a description of the key stages in a Florida criminal trial:
1. Arrest and Booking
The criminal process begins when a law enforcement officer makes an arrest based on a warrant or probable cause that a crime has been committed. After the arrest, the accused is booked at a local jail, where fingerprints, photographs, and personal information are collected. In some cases, the accused may be released on bail or bond while awaiting trial.
2. First Appearance and Bail Hearing
Within 24 hours of the arrest, the accused must appear before a judge for a first appearance.
At this hearing, the judge:
- Reviews the charges
- Informs the defendant of their rights
- Sets bail or other pretrial release conditions
If the court believes the defendant is a flight risk or a danger to the community, it may deny bail.
3. Arraignment
Next comes the arraignment, where the judge reads the formal charges against the defendant. The defendant then enters a plea: guilty, not guilty, or no contest. In most cases, a defendant pleads “not guilty,” so a defense attorney can review the evidence surrounding the charges and advise the accused of their options for defending the allegations.
4. Pretrial Motions and Discovery
During the pretrial phase, both sides exchange evidence through a process called discovery.
This exchange may include:
- Police reports
- Witness statements
- Surveillance footage
- Expert reports
Your defense attorney may also file pretrial motions to suppress evidence or dismiss charges based on the facts of your case. This phase will help shape the direction of your defense.
5. Plea Bargaining
Before the trial begins, the prosecution and defense may negotiate a plea deal. A plea agreement typically involves the defendant pleading guilty to a lesser charge in exchange for reduced penalties.
While plea deals are right for some individuals, they aren’t always in the best interest of others. Your attorney will carefully assess whether a deal is fair and appropriate for your situation, or whether fighting the charges at trial offers a better strategy. –
6. Jury Selection
If your case proceeds to trial, the first step is selecting a jury, a process known as “voir dire.” Both the prosecution and defense attorneys will question potential jurors to identify any biases or conflicts. The goal is to select an impartial jury that will fairly evaluate the evidence presented during the course of the trial.
7. Trial
Florida criminal trials consist of several phases:
- Opening statements are where each side outlines its version of the case.
- Next, the prosecution will present its case, followed by the defense. Both sides have the opportunity to call witnesses and cross-examine witnesses for the other side.
- During closing arguments, both sides will summarize their cases for the jury.
- After the trial, the judge explains the law to the jury and how it should deliberate about the matters before it.
The jury will then deliberate and deliver a verdict, which can lead to either a conviction or an acquittal—marking the final and most pivotal stage of the trial.
8. Verdict
After deliberation, the jury returns with a verdict declaring the defendant guilty or not guilty. A unanimous decision is required for conviction. If the jury cannot reach a consensus, it may result in a mistrial.
9. Sentencing
If the defendant agrees to a plea deal or the jury returns a guilty verdict, the case moves to sentencing.
The judge will consider a range of factors, including:
- The severity of the offense
- The defendant’s criminal history
- Victim impact statements
Penalties can range from probation to fines and significant prison time, depending on the offense.
Contact Grajek Trial Attorney at Law for a Free Consultation
Facing criminal charges in Florida can be overwhelming, but you don’t have to go through it alone. An experienced criminal defense attorney can protect your rights during each phase of your case and build a defense strategy that maximizes your chances of a favorable outcome.
If you’re looking for legal help, contact us today to speak with an experienced criminal defense lawyer at Grajek Trial Attorney at Law.
Grajek Trial Attorney at Law
112 E Poinsettia St
Lakeland, FL 33803
(863)-688-4606