The Court Process Can Be Scary If You Don't Know What To Expect.
Felony Court Procedure in Santa Rosa and Okaloosa County, Florida.
Arraignment/Plea Day.
This will be scheduled about 5 weeks from the date of arrest. You will be given a copy of the charges against you, and a not guilty plea will be entered on your behalf.
If you have the public defender, or if you do not have an attorney by the date of arraignment, you must be present. If you hire an attorney prior to this appearance, we can file your not guilty plea in writing, and you will not have to appear in person.
Pre-Trial Conference
The Pre-Trial Conference (PTC) is held 8 to 10 weeks after plea day. Unless told otherwise, you do NOT attend the PTC. It is a conference between the prosecutor, the Judge, and your attorney. By this date, the prosecutor should have provided all of their evidence (known as discovery) to defense counsel.
Docket Day
Docket Day is held 3-4 weeks after PTC. This is the final appearance prior to trial. Unless told otherwise, you MUST be present for this appearance with your attorney. If your case is going to be resolved with a plea bargain, or with a referral to a diversion program, it will usually happen at Docket Day.
Trial
You have the absolute right to a trial by jury. In reality, most cases are resolved without going to trial. Some are plea-bargained, some are dismissed or reduced, and some are referred to diversion. Your attorney should have extensive conversations with you about the benefits and risks of all your options. Your attorney should also remember that this is your case, and that this is your decision. After all, it is your freedom that is at stake!
I hope that this summary has answered some of your questions. I realize it may have even led to more questions. Please do not hesitate to call me. I will be happy to talk to you for free to further explain the court process and your options.
Contact Your Fort Walton Beach Defense Attorney Today!
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Misdemeanor Court Procedure in Santa Rosa and Okaloosa County, Florida.
Arraignment/Plea Day.
This will be scheduled 3-4 weeks from the date of arrest. The Judge will tell you what you are charged with, and will ask if you have an attorney. The State will also most likely present you with a plea offer. I strongly advise against accepting this offer. You have the right to plead not guilty to give yourself the chance to speak to an attorney, and see what evidence the State has against you before committing yourself to a plea bargain.
If you have the public defender, or if you do not have a private attorney by the date of arraignment, you must be present. If you hire an attorney prior to this appearance, we can file your not guilty plea in writing, and you will not have to appear in person.
An important note: Although you have the right to a jury trial in most cases, there is also the possibility that your case will be set for a bench trial, where the Judge decides your guilt or innocence. I almost never recommend it, but I mention it because if you attend plea day without an attorney, the Judge and the State may set your case on a track that leads to a bench trial, thereby waiving your right to a trial by jury. When I file your written not guilty plea, I also file a written demand for jury trial. This demand does not require you to take your case to trial, but it does preserve the right should you so choose.
Pre-Trial Conference
The Pre-Trial Conference (PTC) is held 3-4 weeks after plea day. Your attorney will tell you whether you will need to appear at the PTC. It is a status conference between the prosecutor, the Judge, and your attorney. By this date, the prosecutor should have provided all of their evidence (known as discovery) to defense counsel.
Review
Review is held 2-3 weeks after PTC. This is the final appearance prior to trial. Unless told otherwise, you MUST be present for this appearance with your attorney. If your case is going to be resolved with a plea bargain, or with a referral to a diversion program, it will usually happen at Review.
Trial
You have the absolute right to a trial by jury. In reality, most cases are resolved without going to trial. Some are plea-bargained, some are dismissed or reduced, and some are referred to diversion. Your attorney should have extensive conversations with you about the benefits and risks of all your options. Your attorney should also remember that this is your case, and that this is your decision.
I hope that this summary has answered some of your questions. I realize it may have even led to more questions! Please do not hesitate to call me. I will be happy to talk to you for free to further explain the court process and your options.
