Criminal Procedure

Criminal procedure in Sarasota is governed by state statutes, rules of criminal procedure, and constitutional provisions. Understanding the criminal procedure in Sarasota is essential for defendants, attorneys, and law enforcement officials involved in the criminal justice system. This overview will discuss the key stages of the criminal process in Florida, including arrest, arraignment, trial, and sentencing.

Arrest and Notice to Appear or Summons: The criminal process in Sarasota typically begins with an arrest. Law enforcement officers may arrest a person if they have probable cause to believe that the individual has committed a crime. After the arrest, the person is usually taken to the jail on Main Street for booking, which involves taking fingerprints, photographs, and recording personal information.

First Appearance: After booking, the arrested person is brought before a judge for a first appearance within 24 hours of the arrest date. During this hearing, the judge informs the defendant of the charges against them, advises them of their rights, and determines if there is probable cause for the arrest. The judge will also consider bail, which is a dollar amount set to ensure the defendant's appearance at future court proceedings.

Filing of Criminal Charges via information or indictment: After the prosecutor reviews the case, he or she will make a charging determination by either filing an information or a no information (dropping of criminal charges). Prosecutors have the ability to review all of the evidence and determine which charges can be proven beyond a reasonable doubt. In many instances, prosecutors can add charges, dismiss certain counts, and file accordingly.

Arraignment: After charges are filed, the next step in the criminal process is the arraignment process. At the arraignment, the defendant is asked to enter a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the case will proceed on the trial path. If the defendant pleads guilty or no contest, the case may proceed to sentencing. Cases are rarely resolved at arraignment and in most cases we enter a not guilty plea.

Pretrial Motions and Discovery: Before trial, both the prosecution and the defense may file pretrial motions. These motions may seek to suppress evidence, dismiss charges, or address other legal issues in the case. The parties may also engage in discovery, which involves exchanging information and evidence relevant to the case.

Trial: If the case goes to trial, the defendant has the right to a jury trial or a trial before a judge. During the trial, the prosecution presents evidence and witnesses to prove the defendant's guilt beyond a reasonable doubt. The defense has the opportunity to cross-examine witnesses and present its own evidence and witnesses even though it is not required. At the end of the trial, the jury or judge will determine the defendant's guilt or innocence.

Sentencing: If the defendant is found guilty, the case proceeds to sentencing. The judge will consider various factors, including the nature of the crime and the defendant's criminal history, in determining the appropriate sentence. Sentences in Sarasota may include fines, probation, community service, or imprisonment.

Appeals: After sentencing, the defendant has the right to appeal the conviction or sentence. The appeal is heard by a higher court, which reviews the trial court's proceedings for legal errors. If the appellate court finds that errors were made, it may overturn the conviction or sentence and order a new trial or other relief.

Post-Conviction Relief: In addition to appeals, defendants in Sarasota may seek post-conviction relief through various legal mechanisms. These may include motions for a new trial based on newly discovered evidence, ineffective assistance of counsel during the trial phase, petitions for habeas corpus relief alleging constitutional violations, or requests for sentence modifications.

Conclusion: Criminal procedure in Sarasota is a complex and multifaceted process that involves various stages, from arrest to sentencing. Understanding the criminal procedure in Sarasota is crucial for anyone involved in the criminal justice system, as it ensures that the rights of defendants are protected and that justice is served.