Facing a criminal charge can be overwhelming. The uncertainty, the complex court system, and the possibility of serious consequences often leads to intense stress. Understanding what to expect during a criminal case can ease some of that anxiety, and having an experienced advocate on your side makes all the difference.
At Mowrey Law Firm, our attorneys are here to protect your rights and guide you through every stage of the process. As trusted criminal defense attorneys in St. Augustine, Florida, we fight to ensure that your case is handled with skill, diligence, and care. Whether you or a loved one is dealing with a misdemeanor, DUI, violation of probation, juvenile offense or other serious felony, our team is here to help.
Watch the video below to hear our attorney, Rebecca Emert explain what the criminal case process looks like, then keep reading for a step-by-step breakdown.
Step 1: Arrest or Summons
A criminal case usually begins in one of two ways:
– Arrest: You are taken into custody by law enforcement.
– Summons: You are notified of charges and ordered to appear in court without being detained.
No matter how your case begins, it is critical to contact a criminal defense attorney immediately. Early representation can make a significant difference in the outcome.
Step 2: First Appearance
The next step is your first appearance in front of a judge. At this stage:
– The judge explains the charges against you.
– Bail is set, which determines whether you remain in custody or can be released.
Having an experienced attorney present is essential, we can argue for lower bail or even release without payment, helping you return home while your case moves forward.
Step 3: Arraignment
Once the prosecution officially files charges, you will attend an arraignment hearing. Here you will:
– Be formally notified of the charges.
– Enter a plea.
We strongly advise entering a not guilty plea at this stage. This allows your attorney the time needed to build your defense and fully evaluate the prosecution’s case.
Step 4: Discovery and Pre-Trial Phase
This is where much of the work happens in a criminal defense case. During discovery and pre-trial proceedings, your attorney will:
– Review the prosecution’s evidence against you.
– Conduct independent investigations.
– Challenge improper or unlawful evidence.
– Negotiate with prosecutors for reduced charges or a favorable plea deal.
Step 5: Plea Negotiations
After an extensive review of the facts, evidence and law pertaining to your case, we negotiate with the prosecutor in an effort to achieve a dismissal or a plea agreement. If a plea agreement is unable to be reached, you have two options: to plead “open” to the court or to take the case to trial. If a you elect to plead open, meaning you do not have an agreement with the prosecutor, you are agreeing to no longer fight the charges and are choosing to leave sentencing completely up to the discretion of the judge. We will help you understand when it is best to accept a plea offer, plead open to the court, or take your case to trial.
Step 6: Trial
If no agreement is reached, your case will proceed to trial. At trial, your attorney will:
– Challenge the prosecution’s evidence.
– Cross-examine witnesses.
– Present defenses on your behalf.
– Argue for the best possible verdict.
This is the stage where having a seasoned St. Johns County criminal defense lawyer can be the difference between conviction and freedom.
Protecting Your Future
The criminal justice system is complex and intimidating, but you don’t have to face it alone. At Mowrey Law Firm, we’re committed to protecting your rights, fighting for your future, and ensuring that you understand every step of the process.
If you or a loved one are facing criminal charges in St. Johns County, Putnam County, Flagler County, do not hesitate to call Mowrey Law Firm at 904-824-7799 for a confidential consultation with one of our experienced criminal defense lawyers. We’re available 24/7.
