What Happens After a Criminal Arrest in Florida: Step-by-Step Guide

Being arrested in Florida is a traumatic experience—one filled with confusion, fear, and uncertainty about what happens next. Whether you’re arrested in Tallahassee, Pensacola, Panama City, Destin, Rosemary Beach, Panama City Beach, or Lake City, the process that follows can move quickly. Knowing the steps involved can make a tremendous difference in protecting your rights and preparing a strong defense.

This step-by-step guide outlines what happens after a criminal arrest in Florida and what you need to do to protect yourself. From the moment of arrest through trial, sentencing, and potential appeals, understanding each phase of the process can give you a much-needed sense of control in a time of chaos.

Step 1: The Arrest

A criminal arrest in Florida can happen in several ways:

• A police officer witnesses a crime
  
  
• A warrant is issued based on an investigation
  
  
• A person is turned in or accused by someone else
  
  

Once you are arrested, you will be handcuffed, searched, and transported to jail. You have the right to remain silent and the right to an attorney—two rights you should immediately exercise.

Do not resist arrest. Even if the arrest is unlawful or unjustified, resisting will only complicate your situation. Stay calm and wait to fight the charges through your lawyer.

In some cases, the police may conduct a roadside arrest, especially for offenses such as DUI or possession of drugs. In others, a person may be arrested after an investigation leads to a warrant. If the crime is serious—such as aggravated assault, armed robbery, or homicide—arrest procedures may include SWAT involvement or a “no-knock” entry. Understanding how and why you were arrested can later become part of your defense strategy.

Knowing your rights at this stage can protect you from making statements or decisions that could be used against you later. Many people feel compelled to explain their side of the story to police, but it’s almost always better to say nothing and wait for your lawyer.

Step 2: Booking and Processing

At the jail, you’ll go through the booking process:

• Fingerprinting
  
  
• Photograph (mugshot)
  
  
• Background check
  
  
• Personal property collected and logged
  
  
• Entered into the Florida criminal justice system
  
  

This process usually takes a few hours. You may be placed in a holding cell or general population depending on your charges and the facility.

During booking, jail personnel will document your personal information, criminal history, and any known medical conditions. You may also be asked questions about mental health, substance use, or suicide risk—some of which are used to determine your classification and cell assignment.

In some counties, like Bay County or Leon County, the booking system is digitized and streamlined. In others, delays may occur due to overcrowding or weekend processing limitations.

The conditions in jail can be harsh, especially if you're unfamiliar with the environment. It’s important to remain calm and avoid confrontation. Anything you say or do during booking could be documented and later used in court.

Step 3: First Appearance (Within 24 Hours)

Florida law requires that a person arrested be brought before a judge within 24 hours. This hearing is called a first appearance or advisory hearing.

At this hearing, the judge will:

• Inform you of the charges
  
  
• Advise you of your rights
  
  
• Decide whether probable cause exists
  
  
• Consider bail or pretrial release
  
  

If you haven’t already hired an attorney, a public defender will be appointed for this hearing. However, having a private attorney present from the beginning can give you an immediate advantage.

The judge may also impose conditions of release, such as no contact with victims or witnesses, travel restrictions, or drug testing. If the charge is serious—such as a violent felony or sex offense—the judge may deny bond entirely.

It’s important to understand that this is not the trial. It is a procedural hearing that sets the tone for everything that follows. An attorney can advocate for lower bail, argue that no probable cause exists, and begin gathering evidence in your favor immediately.

Step 4: Bail or Pretrial Release

Depending on the nature of the charges, your prior criminal history, and your ties to the community, the judge may:

• Set a monetary bond (bail)
  
  
• Release you on your own recognizance (ROR)
  
  
• Deny bond (common in violent or serious felony cases)
  
  

You can post bail through:

• Cash bond: Paying the full amount yourself
  
  
• Surety bond: Using a bail bondsman
  
  
• Property bond: Offering real estate as collateral (less common)
  
  

If bail is denied, your attorney can request a bond hearing later to ask the court to reconsider. These hearings are critical, especially if you need to be released to work, care for family, or assist in building your defense.

Pretrial release also comes with strict conditions. These may include regular check-ins, GPS monitoring, or curfews. Violating these terms can lead to immediate re-arrest and the revocation of bond.

Some counties, like Escambia or Okaloosa, have particularly strict pretrial release conditions. Others may offer more flexibility, including ankle monitors or supervised release.

Step 5: Hiring a Criminal Defense Attorney

The most important decision you make after an arrest is choosing the right criminal defense lawyer. An experienced attorney can:

• Investigate your case
  
  
• Communicate with the prosecutor
  
  
• Challenge unlawful arrests or evidence
  
  
• Negotiate for dismissal or reduced charges
  
  
• Represent you at every stage
  
  

Kathleen Bogenschutz handles serious criminal cases across North Florida, including Leon, Bay, Escambia, Walton, and Columbia counties. Her work spans from complex white-collar crimes to violent felonies and appeals.

Even if you qualify for a public defender, having a private attorney like Kathleen—who limits her caseload to provide focused, strategic defense—can significantly increase your chances of a favorable outcome.

Your attorney can begin working behind the scenes immediately—requesting evidence, interviewing witnesses, and communicating with the State Attorney’s Office. The earlier you hire counsel, the more options you may have.

Step 6: Formal Charges Filed by the State Attorney

Just because you were arrested doesn’t mean you’ll be prosecuted. The State Attorney’s Office reviews every case before filing formal charges.

They may:

• File the original charge
  
  
• File lesser or additional charges
  
  
• Decline to file charges (nolle prosequi)
  
  

This process is called filing a charging information. In more serious cases, a grand jury may be convened to issue an indictment.

Your attorney may submit evidence or arguments to discourage the state from filing charges—or convince them to reduce or drop the case. This pre-filing intervention can be one of the most critical stages in your defense.

Some counties, particularly in more conservative areas like Lake City or Walton County, may be more aggressive in prosecuting certain offenses. Having an attorney who understands the tendencies of local prosecutors can make a substantial difference.

Step 7: Arraignment

If charges are filed, your next appearance is the arraignment, where you officially enter a plea:

• Not guilty
  
  
• Guilty
  
  
• No contest
  
  

At this stage, the court sets future dates for motions, discovery, and trial. Your lawyer may waive your appearance and enter the plea on your behalf.

Pleading not guilty does not mean you’re denying everything—it simply preserves your rights and gives your attorney time to investigate, negotiate, and build your case.

At arraignment, your defense strategy starts to take shape. This is also the point where your attorney may begin negotiating with the prosecution for alternative resolutions.

Step 8: Pretrial Phase

This phase can last weeks or months, depending on the complexity of the case. It involves:

• Discovery: Your attorney receives evidence the prosecution intends to use
  
  
• Depositions: Witnesses are questioned under oath
  
  
• Motions: Legal arguments to suppress evidence or dismiss charges
  
  
• Expert consultations: Forensics, medical, psychological, or other specialists may be consulted
  
  

Many cases resolve during this stage through:

• Diversion programs (for first-time offenders)
  
  
• Plea deals
  
  
• Motions to dismiss
  
  

Strategic negotiation can lead to drastically reduced charges—or even dropped cases.

In some Florida counties, specialty courts (such as drug court, veterans court, or mental health court) may offer alternatives to traditional prosecution for eligible defendants.

This is also a time when your attorney may bring in private investigators or experts to dispute the prosecution’s narrative. The strength of your case is often built during this phase—not at trial.

Step 9: Trial (If No Resolution)

If your case goes to trial, it will involve:

• Jury selection
  
  
• Opening statements
  
  
• Witness testimony
  
  
• Presentation of evidence
  
  
• Cross-examinations
  
  
• Closing arguments
  
  
• Verdict
  
  

The prosecution must prove guilt beyond a reasonable doubt. Your attorney’s job is to highlight weaknesses, cast doubt, and present your side of the story clearly and convincingly.

Trials can last a few days or several weeks. In high-profile cases, they may attract media attention—adding another layer of complexity to your defense strategy.

Whether your trial is in Panama City Beach, Tallahassee, or Pensacola, having a defense attorney experienced in local courtrooms is essential to navigate jury selection, judicial preferences, and local procedure.

Step 10: Sentencing

If you’re convicted—either by plea or at trial—the judge will decide your sentence. Florida penalties vary widely based on the type of crime:

• Misdemeanors: Up to 1 year in jail
  
  
• Third-degree felony: Up to 5 years
  
  
• Second-degree felony: Up to 15 years
  
  
• First-degree felony: Up to 30 years or life
  
  
• Capital felonies: Life without parole or death penalty
  
  

Your attorney may present mitigating evidence such as:

• Lack of prior record
  
  
• Community service
  
  
• Mental health or substance abuse treatment
  
  
• Family responsibilities
  
  

Judges in Tallahassee, Panama City, and Destin all have discretion at sentencing—so a compelling argument can result in reduced penalties, probation, or alternatives to jail.

Alternative sentencing options may also be available, including community control, drug rehab, or probation with strict conditions. These options should be explored thoroughly before accepting any plea deal or heading into sentencing.

Step 11: Appeals and Post-Conviction Relief

If you believe there were errors in your trial or sentencing, you may appeal. Your attorney can review trial transcripts, file appeals, or pursue post-conviction motions.

Grounds for appeal include:

• Improper jury instructions
  
  
• Incorrect evidentiary rulings
  
  
• Ineffective assistance of counsel
  
  
• Constitutional violations
  
  

Florida appellate courts have strict deadlines, so it’s important to act quickly. If your conviction is reversed, you may be retried or released.

Post-conviction relief can also include motions for reduced sentences, claims of newly discovered evidence, or ineffective representation in prior phases of the case. This phase can take months or even years but can be vital for clearing your name or reducing penalties.

Step 12: Clearing Your Record (If Applicable)

If your case is dismissed, or if you were found not guilty, you may be eligible for:

• Expungement: The record is destroyed
  
  
• Sealing: The record is hidden from public view
  
  

Florida law has strict eligibility rules for expungement and sealing. Even if you were never convicted, arrest records are public unless sealed or expunged.

An experienced attorney like Kathleen Bogenschutz can help you navigate this process and move forward with a clean slate.

Clearing your record is more than just symbolic—it can restore your ability to work, secure housing, apply for professional licenses, and rebuild your life with confidence.

Special Considerations for Serious Charges

If you’re arrested for a serious charge like:

• Aggravated assault or battery
  
  
• Sex crimes
  
  
• Drug trafficking
  
  
• Firearm offenses
  
  
• Homicide
  
  

…you need a defense strategy tailored to the specific risks of your charge. These cases often involve mandatory minimums, enhanced penalties, and complex evidence.

An attorney who focuses on criminal defense—not general practice—will know how to evaluate lab results, challenge search warrants, and cross-examine expert witnesses. The stakes are too high to rely on inexperience.

Final Thoughts: Arrest Is the Beginning, Not the End

Being arrested in Florida can feel like the end of the world—but it’s really just the beginning of the legal process. With the right legal guidance, you can fight back, reduce charges, or even avoid prosecution entirely.

Kathleen Bogenschutz is a criminal defense attorney who defends clients across North Florida—including in Tallahassee, Destin, Panama City, Pensacola, Rosemary Beach, and Lake City. She understands the Florida criminal system and knows how to guide clients through it step-by-step.

Call Kathleen Bogenschutz today at (850) 273-8327 for a confidential consultation.

‍