Below is a summary of the different court proceedings in a criminal case, from start to finish.  Your attorney can waive your appearance at many of these hearings so you can continue about your business during the pendancy of your case.

Advisory:

Also known as “First Appearance”. This court appearance occurs within 24 hours of arrest if you have not bonded out and are still in custody. Florida’s Constitution requires that you appear in front of a judge within 24 hours of your arrest to inform you of the charges against you and set a bond amount. You can enter a plea on many simple misdemeanor (crimes punishable by up to 365 days in jail) charges during your advisory.

Arraignment:

This date occurs within 4-6 weeks of your arrest. By now, the state has officially filed charges against you. At this court date officially informs you of the charges they filed against you and you respond that you are either guilty or not guilty of the charge. The state can choose to file the charge(s) you were arrested for, add more, or not file the charge(s) for which you were arrested for. If you have an attorney they can waive your presence at this hearing and will speak on your behalf. You can enter a plea agreement at this time or ask for a Pretrial court date.

Pretrial

 Court date(s) to determine if you want to enter a plea agreement or prepare for trial. There is no set amount of Pretrial dates you can have. The number depends on the complexity and/or issues involved in your case. Several pretrial dates may be required so that your attorney can adequately prepare your defense. For example, your attorney may choose to obtain depositions, file Motions and more. Your attorney may choose to waive your appearance at one or more Pretrials.

Motion to Suppress or Dismiss

If your lawyer believes the police involved in your case acted unlawfully then they can file a motion(s) requesting to dismiss charge or to suppress evidence against you.  This usually occurs prior to trial. Sometimes judges allow Motions to be heard the day of trial. Usually you are present during motions, but in some cases your presence can be waived.

Trial

A trial can be by jury or conducted in from of a judge (bench trial). A trial occurs when an accused individual maintains their innocence and pleads Not Guilty. Your presence is required at Trial. The State must then prove at trial that the accused committed the crime beyond a reasonable doubt. If found guilty, a judge determines a sentence.  If the State fails to prove this, the jury or judge will find the accused Not Guilty and they incur no punishment.