A criminal charge is overwhelming and the pressure gets worse as court dates approach. If you have a case in Lee, Collier, Charlotte, Hendry or Glades counties, understanding the process can help you feel more grounded. Court moves in stages and knowing what each stage entails can reduce your confusion.
The early stages (first 24-48 hours)
In the 20th Judicial Circuit, the clock starts the moment the authorities take you into custody. Under Fla. R. Crim. P. 3.130, you must appear before a judge within 24 hours of arrest for a probable cause review and bond setting. The 33-Day Rule requires filing formal charges within 30 days, otherwise the court will order your release by the 33rd day. A justified extension is sometimes approved, but it depends on several factors.
Arraignment and plea
Arraignment usually occurs 30 to 45 days after filing charges. This is where you enter a plea of Not Guilty, Guilty or No Contest. Your criminal defense attorney can file a Written Plea of Not Guilty for you, allowing you to skip this hearing.
Discovery and motion phase
Florida’s discovery rules require the state to provide a list of witnesses and evidence after your attorney files a Notice of Discovery. This step initiates key events like evidence exchange and depositions. If any rights violations occurred, motions to suppress or dismiss evidence may follow.
2026 trial standards
As of July 1, 2025, the speedy trial clock starts after filing formal charges. For 2026, trials must occur within 90 days for misdemeanors and 175 days for felonies. Your lawyer can file a Notice of Expiration if no trial happens within the expected timeline.
Resolution: Plea or trial
Most cases resolve before a jury trial. Plea negotiations may lead to probation, reduced charges or Withhold of Adjudication. With a withhold of adjudication, you receive a sentence but no formal conviction if you complete the court‑ordered terms. If you do not reach an agreement, the case goes to trial, where the state must prove guilt beyond a reasonable doubt.
The importance of preparedness in criminal defense
Courts do not favor delays, so missed hearings or rushed decisions can lead to harsher penalties. A skilled criminal defense lawyer can guide you through each stage and protect your rights. Contact the Law Firm of Scott T. Moorey to understand the Florida court process and manage your expectations during this challenging time.
