Being arrested or investigated for a crime in Florida is a serious legal matter with consequences that can affect employment, immigration status, family rights, and future opportunities. Whether the charge involves a traffic offense, drug allegation, theft, domestic violence, or a violent felony, the most important step is understanding how the Florida criminal process works and what rights you have at every stage.
This guide explains the difference between felonies and misdemeanors in Florida, what happens after an arrest, how bond is determined, and what defendants in Miami-Dade, Orlando, and the rest of the state should know before speaking to law enforcement or going to court.
Types of Criminal Charges in Florida
Florida classifies criminal offenses into misdemeanors and felonies, with penalties that range from fines and probation to years in state prison.
✅ Misdemeanors (Less Than 1 Year of Jail)
Examples include:
Petit theft (property under $750)
Possession of small amounts of marijuana (in some counties still prosecuted)
Misdemeanor Level
Maximum Penalty
1st Degree
Up to 1 year in jail + $1,000 fine
2nd Degree
Up to 60 days in jail + $500 fine
Felonies (More Than 1 Year of Incarceration)
Examples include drug trafficking, aggravated assault or battery, burglary and robbery, firearm offenses, domestic violence strangulation, fraud/ID theft, homicide/manslaughter/vehicular homicide.
Felony Level
Maximum Penalty
3rd Degree
Up to 5 years in prison
2nd Degree
Up to 15 years in prison
1st Degree
Up to 30 years in prison
Life Felony
Life imprisonment
Capital Felony
Life without parole or death penalty
Florida also has mandatory minimum sentencing for certain crimes, particularly firearm violations and drug trafficking.
Speak With a Lawyer Before You Make a Decision
Criminal cases move quickly, and early choices can affect everything that follows. A short, confidential consultation can help you understand your options, protect your rights, and avoid mistakes that cannot be undone.
Request a Confidential Consultation
Confidential. No obligation. Speaking with a lawyer does not commit you to representation.
What Happens After an Arrest in Florida
1
Arrest or Notice to Appear
Police may take you into custody or issue a written notice for a future court date.
2
First Appearance / Bond Hearing
Occurs within 24 hours. A judge decides bond, release conditions, or detention.
3
Formal Charges Filed by the State Attorney
Prosecutor may file different or additional charges.
4
Arraignment
The defendant enters a plea of guilty, not guilty, or no contest.
5
Discovery and Motions Phase
Evidence exchange; motions to suppress/dismiss as appropriate.
6
Plea Negotiations or Trial
Most cases resolve by negotiation; trial remains an option.
7
Sentencing
If convicted, penalties are imposed under Florida sentencing law.
Your Rights After an Arrest
Speak with an attorney before answering questions
Contest illegal searches or seizures
Request a reasonable bond
Require the State to prove guilt beyond a reasonable doubt
Many cases turn on whether a defendant exercised their right to remain silent early on.
Common Mistakes Defendants Make
Speaking to police without a lawyer present
Posting details of the arrest on social media
Assuming the case will "go away" without court action
Contacting the alleged victim in a domestic case
Failing to appear in court (warrant issued)
Even statements meant to "clear things up" are often used to strengthen the prosecution's case.
Criminal Court in Miami-Dade vs. Orlando / Orange County
Miami-Dade
Higher rate of drug trafficking, firearm, and fraud cases; larger federal presence
Orlando / Orange County
Tourism-related arrests, out-of-state warrants, rental-vehicle/theme-park charges
Both follow Florida law, but court backlogs, plea tendencies, and pretrial diversion availability vary.
Expungement and Sealing in Florida
Not all criminal records can be erased, but many dismissed, dropped, or withheld adjudication cases may be eligible.
Record Sealing
Hides the record from public view but still exists
Expungement
Removes and destroys most public record access
Eligibility depends on: the specific charge, whether there was an adjudication of guilt, and prior convictions.
Frequently Asked Questions
Do I need a lawyer if I plan to plead guilty?
Yes. A guilty plea can affect employment, licenses, and immigration status.
Can I be charged even if the police didn't read my rights?
Yes. Miranda applies to custodial questioning; it affects admissibility of statements, not the charge itself.
Can a victim drop charges?
No. Only the State Attorney can dismiss a criminal case.
What if the police searched my car without a warrant?
There are exceptions, but unlawful searches can lead to suppression of evidence.
When to Speak With a Criminal Defense Attorney
If you were arrested, received a notice to appear, or learned you are under investigation, early legal guidance prevents avoidable mistakes and protects constitutional rights.