Usher DefenseUsher Law Group, P.C.
Call (718) 484-7510
Home/Courts/Florida
Courts

Florida: how a case moves

CourtsFlorida

A Florida case moves through seven stages, from the first police contact to sentencing. Below is each stage in order, then the time limits that apply and what to avoid. The steps are the same ones our What happens next tool shows.

Current as of November 11, 2026. We re-check this page regularly and after any rule change.

Mikhail Usher stands to address the court while Alex Susi sits at the defense table

The stages, in order

Your case may not pass through every stage, and a lawyer who knows your charge can tell you which ones apply. Read them in order, because what you can do changes at each one. If you want to pick your stage and see only the steps that fit, use the What happens next tool.

  1. Under investigationSay clearly that you want a lawyer and will not answer questions; staying silent alone may not be enough. [1]If you are in custody and say you want a lawyer, police questioning must stop until a lawyer is present. [2]You are protected against unreasonable searches, and a search warrant needs probable cause sworn under oath. [3]If officers arrive with a warrant, stay calm, don't resist, ask for a copy and call your lawyer.Call a lawyer now, before any interview, so the lawyer can deal with the police for you.
  2. ArrestedAt first appearance the judge tells you the charge, that you don't have to say anything, and that you have a right to a lawyer. [4]Ask for a lawyer and say nothing about the case; once you ask, police questioning must stop. [2]Police generally need a warrant to search the data on a phone taken at the arrest. [5]Family can call a lawyer now so one is ready for the first court appearance.
  3. ArraignedExcept for a few of the most serious charges, you are entitled to pretrial release on reasonable conditions, which always include no contact with the victim, unless the judge finds that no conditions can protect the community, assure your return to court or protect the process. [6]If you are not charged by information or indictment within 21 days of arrest, you have a right to a preliminary hearing on a pending felony. [7]Your lawyer reviews the arrest papers with you and starts building the defense file.
  4. ChargedA charge punishable by death must come by indictment; other charges come by indictment or information. [8]At arraignment you are asked to plead; your lawyer may instead file a written plea of not guilty, which waives the arraignment. [9]Discovery starts when your lawyer files a Notice of Discovery, which also gives the prosecution a right to discovery from the defense. [10]
  5. Plea offerYour lawyer goes over the offer with you, line by line, before any decision.Before accepting a plea the judge must find it voluntary with a factual basis, and confirm you understand the charge, the maximum penalty and any mandatory minimum. [11]Ask your lawyer what the offer would mean for your record, your job and your immigration status.
  6. TrialWithout a speedy trial demand, trial must start within a set time after you are formally charged. [12]Your lawyer may file a Demand for Speedy Trial, which sets a shorter schedule; decide that together. [13]Your lawyer prepares the defense with you and goes over how each trial day works.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [14]No one can force you to be a witness against yourself. [15]
  7. After sentencingIf you want to appeal, a notice of appeal must be filed with the trial court clerk within 30 days after the written sentencing order. [16]Follow every term of the sentence or probation exactly, and keep proof that you did.Ask your lawyer about record sealing and any immigration effects of the conviction.

Deadlines

These are the time limits the tool shows for Florida. Some apply only if you are held in custody, and they are labeled that way. Time often runs from a date on your own paperwork, so give every paper you receive to your lawyer.

Arrested

  • If you are held in custody: First appearance before a judge within 24 hours of arrest. [17] (as of November 11, 2026)
  • If you are held in custody: A judge must decide whether there is probable cause to hold you within 48 hours of arrest, unless a judge already found it and issued a warrant. [18] (as of November 11, 2026)

Arraigned

  • Preliminary hearing right on a pending felony if no information or indictment is filed within 21 days of arrest. [7] (as of November 11, 2026)
  • If you are not held in custody: If you are out on pretrial release, the state must file formal charges within 60 days of arrest, or the court must order release on recognizance on day 63 (or for good cause continue release up to 30 more days). [19] (as of November 11, 2026)
  • If you are held in custody: Detention hearing within 5 days after first appearance or the detention motion; a continuance may not exceed 5 days absent extenuating circumstances or agreement. [20] (as of November 11, 2026)
  • If you are held in custody: If you are held, the state must file formal charges within 30 days of arrest; otherwise the court must order release on recognizance on day 33 (day 40 for good cause). [21] (as of November 11, 2026)

Charged

  • The prosecutor must serve its Discovery Exhibit within 15 days after service of the Notice of Discovery. [10] (as of November 11, 2026)

Trial

  • Without a demand, trial within 90 days of formal charging for a misdemeanor or 175 days for a felony. [12] (as of November 11, 2026)
  • After a Demand for Speedy Trial, a calendar call within 5 days and a trial set 5 to 60 days from the demand. [13] (as of November 11, 2026)
  • After the speedy trial time runs, a Notice of Expiration leads to a hearing within 5 days and, unless an exception applies, a trial within 30 days. [22] (as of November 11, 2026)

After sentencing

  • Notice of appeal: within 30 days after the written sentencing order is rendered. [16] (as of November 11, 2026)

What not to do

  • Do not talk to the police or investigators about the case without a lawyer. Ask for a lawyer and then stop talking.
  • Treat every jail call as recorded. Do not discuss the case on it, and tell family not to.
  • Do not contact the person who made the accusation, directly or through anyone else.
  • Do not post about the case, the arrest or anyone involved, and do not delete messages, photos or files.
  • Do not miss a court date or ignore a paper from the court. Tell your lawyer about every date.

Do not reach out to the person who accused you for any reason, however friendly the conversation might feel. Release conditions can include no contact, and a message can be used against you.

Charges and first steps in Florida

If you know the charge, start with its page: Assault and battery, DUI, Drug charges, Gun and weapon charges, Theft and larceny. The full list is on the charges page.

If the arrest just happened, read what to do right now, then arraignment and bail and release. If you are a relative of the person arrested, start with the family page. To see the steps for your exact stage, use What happens next. Other courts: all the courts we appear in.

Sources

  1. Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
  2. Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
  3. U.S. Const. amend. IV. Current as of November 11, 2026. Official text
  4. Fla. R. Crim. P. 3.130(b)(1). Current as of November 11, 2026. Official text
  5. Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
  6. Fla. R. Crim. P. 3.131(a). Current as of November 11, 2026. Official text
  7. Fla. R. Crim. P. 3.133(b)(1). Current as of November 11, 2026. Official text
  8. Fla. R. Crim. P. 3.140(a). Current as of November 11, 2026. Official text
  9. Fla. R. Crim. P. 3.160(a). Current as of November 11, 2026. Official text
  10. Fla. R. Crim. P. 3.220(a), (b)(1). Current as of November 11, 2026. Official text
  11. Fla. R. Crim. P. 3.172(a) to (c). Current as of November 11, 2026. Official text
  12. Fla. R. Crim. P. 3.191(a). Current as of November 11, 2026. Official text
  13. Fla. R. Crim. P. 3.191(b). Current as of November 11, 2026. Official text
  14. U.S. Const. amend. VI. Current as of November 11, 2026. Official text
  15. U.S. Const. amend. V. Current as of November 11, 2026. Official text
  16. Fla. R. App. P. 9.140(b)(3) (Oct. 1, 2026 ed.). Current as of November 11, 2026. Official text
  17. Fla. R. Crim. P. 3.130(a) (Oct. 1, 2026 ed.). Current as of November 11, 2026. Official text
  18. Fla. R. Crim. P. 3.133(a)(1). Current as of November 11, 2026. Official text
  19. Fla. R. Crim. P. 3.134(b). Current as of November 11, 2026. Official text
  20. Fla. R. Crim. P. 3.132(d), (e). Current as of November 11, 2026. Official text
  21. Fla. R. Crim. P. 3.134(a). Current as of November 11, 2026. Official text
  22. Fla. R. Crim. P. 3.191(o). Current as of November 11, 2026. Official text

Arrested, or think you might be? Call before you answer any questions.

Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.

Call (718) 484-7510 Contact the firm