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Florida Criminal Case Process: What Happens at Each Stage

The Florida criminal case process from investigation to appeal, explained by The Brancato Law Firm, P.A.: defense work can start before charges are filed.

A Florida criminal case moves through predictable stages: investigation, arrest and first appearance, representation before charges are filed, the State’s charging decision, pretrial hearings and motions, plea negotiations or trial, sentencing, and, if needed, appeal. The Brancato Law Firm, P.A. defends clients at every stage in Hillsborough, Pinellas, and Pasco Counties. The guides below, written by our attorneys, explain each stage in detail. For guides on a specific charge, see our criminal defense practice areas, and for quick answers see our criminal law FAQs.

Infographic from The Brancato Law Firm, P.A. listing the stages of a Florida criminal case: 1 investigation, 2 arrest and first appearance, 3 before charges are filed, 4 pretrial, 5 plea or trial, 6 sentencing and appeal.

Under Investigation: Police Contact, Searches, and Your Rights

Many cases begin with an investigation before anyone is arrested. You have the right to remain silent and the right to an attorney, and police generally need a warrant or a recognized exception to search your home, your phone, or your blood. These guides explain when police can stop, search, record, or question you, and what to do if you think you are under investigation.

After an Arrest: Bond, Jail, and First Steps

After an arrest in Hillsborough County, the person is booked and brought before a judge at first appearance, usually within 24 hours, where bond and release conditions are set. Decisions made in the first days, including what to say to police and how bond is handled, can affect the rest of the case.

Before Charges Are Filed: Pre-File Representation

An arrest or an investigation is not the same as a formal charge. Before the State Attorney’s Office files charges, there is often a window when a defense attorney can present evidence, witness information, and mitigation to the prosecutor and ask that the case not be filed, be filed as a lesser charge, or be routed to diversion. In Hillsborough County, some diversion programs, including DETRR for drug possession, can be arranged before charges are filed if the defense reaches the State Attorney’s Office early enough. Learn how our pre-file representation before charges are filed works, and how a mitigation report can be used at this stage.

Charges, Pretrial Hearings, Motions, and Evidence

After an arrest, the State Attorney’s Office decides whether to file formal charges. The pretrial stage is where the defense gathers evidence, takes depositions, files motions such as a motion to suppress, and tests the State’s case before trial.

Common Criminal Defenses

A defense can rest on the facts, on how the evidence was gathered, or on a legal doctrine such as entrapment or collateral estoppel.

Plea Decisions, Court, and Trial

Most criminal cases resolve without a trial, but the decision to accept a plea or go to trial belongs to the client. These guides cover plea decisions, courtroom conduct, choosing or changing lawyers, and what happens at a Florida jury trial.

Sentencing, Probation, and Diversion

Florida felony sentencing starts with the Criminal Punishment Code scoresheet, which sets the lowest permissible sentence. Diversion programs, youthful offender sentencing, downward departures, and mitigation can change the outcome.

Appeals, Post-Conviction Relief, and Records

After a conviction, relief may be available through a direct appeal or a post-conviction motion, and some records can be sealed or expunged.

New Florida Criminal Laws

Florida changes its criminal laws every year. These posts explain new offenses and penalties as they take effect.

Talk to a Tampa Criminal Defense Attorney

Our attorneys at The Brancato Law Firm, P.A., founded by Tampa criminal defense attorney Rocky Brancato, can step in at any stage of a case, including before charges are filed. Trial attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, and our office has Spanish-speaking staff; read our guide for Spanish-speaking and Haitian Creole-speaking clients. Call (813) 727-7159 for a confidential consultation.

What Our Clients Are Saying

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Tampa Office

620 E Twiggs St Suite #205

Tampa, FL 33602

Map / Directions

Phone: (813) 727-7159

Located minutes from the Hillsborough County Courthouse.

Meet Rocky Brancato

For over 25 years, Rocky Brancato has been a prominent force in Tampa Bay’s legal arena. Rocky rose to second-in-command at Tampa Bay’s largest defense firm before launching Brancato Law Firm, P.A. As a former specialized major crimes attorney for serious offenses like...