A guide to the criminal process: Part Three

Facing criminal charges is undoubtedly a stressful experience, especially if you are unfamiliar with the process. While hiring an experienced Miami criminal defense attorney may be the best way to demystify this procedure and give yourself the best chance of a favorable verdict, it can also help to have a basic familiarity with how such a charge is processed and tried.

Previously, we reviewed some of the preliminary steps in the criminal process, including arrest, first appearance and arraignment. If you or your Miami criminal defense attorney enter a guilty plea or no contest at either your first appearance or arraignment – depending on the type of charge you face – a judge may issue a sentence at that time.

However, if you enter a plea of not guilty, your case will likely go to trial, unless your legal representative can reach an agreement with opposing counsel.

Plea bargaining

Once your plea has been entered, your Miami criminal defense lawyer may meet with the state prosecutor to discuss the possibility of a plea agreement. This process – also known as plea bargaining – may result in a reduced sentence in exchange for pleading guilty or no contest to the stated offense, or a lesser charge if you refuted all charges at the arraignment.

Many criminal cases in Florida are resolved at this stage, and state law actively encourages such negotiations, though the presiding judge retains the right to approve the agreement. Note that your criminal defense lawyer will consult you on this matter before you accept any such arrangement.

If your Miami criminal defense attorney cannot reach a satisfactory plea agreement with the state prosecutor, your case will then go to trial. In our next post, we will review the necessary steps you will take to prepare for this event.

For an experienced Miami criminal defense lawyer who will advocate tirelessly on your behalf, call Scott A. Ferris, Esq. at 303-377-5500.