Criminal Procedure 101: Learn about 8 Basic Steps Miami Criminal Defendants May Face, from Arrest to Appeal

When a person is charged with a crime in Miami, it can be a shocking, confusing, and extremely challenging experience. Indeed, for most Miami residents and criminal defendants, being charged with a crime under Florida laws in Miami is not a regular occurrence, and the process can be shrouded in mystery, causing much anxiety and fear about what is next to come. However, Miami criminal defendants should know that there are certain steps in the Miami criminal process that must be taken under Florida criminal laws, and the United States Constitution. But what are the steps that a Miami criminal defendant may face, and what can Miami residents who have been charged with serious crimes do to get legal help to get justice in the criminal cases against them? To help Miami residents and criminal defendants better understand the basics of criminal procedure in Miami criminal cases, we answer those questions here.

Eight Typical Steps in a Miami Criminal Case 

Although no legal case is ever “typical,” or the same, Miami criminal defendants have due process rights under the law, and Miami criminal procedure laws help to protect those rights. In a Miami criminal case, the first thing that happens is that the person believed to have committed the crime is arrested by a Miami law enforcement officer who has probable cause for arrest. The second step is the first appearance by the criminal defendant in court. That hearing must take place no later than 24 hours after the initial arrest. The purpose of the first appearance is for the judge to formally let the criminal defendant know what charges they are facing, notify them of their rights under the law, and determine the issue of bail. After the first appearance, the third step that typically takes place is the filing of the criminal charges. Then, the criminal defendant is arraigned. This means that the judge officially informs the criminal defendant of the charges against them and requests the defendant to make a plea (i.e. “guilty,” “not guilty,” or “no contest”). After the arraignment, it is time for both the prosecution and the defense to engage in pretrial motions and hearings on those motions. At this stage, plea bargains may be negotiated. If no plea bargain is negotiated, the criminal defendant will then face trial, and then the sentencing stage if they are found guilty. The last step in the process is the appeal: a criminal defendant in Miami has the right to appeal their case to a higher court.

Getting Legal Help with Your Miami Criminal Case

There is no doubt that criminal procedure in Miami criminal cases is complex, and Miami criminal defendants can be assisted by the help and representation of an experienced Miami criminal attorney. If you are in the Miami area and you need legal help beating the criminal charges against you, do not hesitate to speak with an experienced Miami criminal attorney about your case. The experienced Miami criminal attorneys at AsiliA Law Firm are here to help those in Miami who are facing criminal charges get justice. Contact AsiliA Law Firm today and speak with a lawyer about representation now.