Criminal Defense Attorney Florida: What To Do When Facing Charges (2026)

Facing criminal charges in Florida is one of the most stressful situations you can encounter. This guide explains your rights under Florida law, how the criminal process works step by step, how Stand Your Ground and Florida’s sentencing rules affect you, and how to find a qualified Florida criminal defense attorney — so you can act fast and protect your future.

Updated: August 2026 · 8 min read

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What To Do Immediately After a Florida Arrest

The hours immediately following an arrest are critical. Florida law gives you specific rights — but only if you invoke them. Here is exactly what to do:

Stay calm and do not resist. Resisting an officer in Florida is a separate charge (Fla. Stat. § 843.01 / § 843.02) that can make your situation significantly worse.
Invoke your right to remain silent. Say clearly: “I am invoking my right to remain silent and I want a lawyer.” Do not answer questions beyond providing your name and ID.
Do not consent to searches. Say: “I do not consent to any searches.” This preserves your Fourth Amendment rights even if officers proceed anyway.
Remember everything you can. Write down officer names, badge numbers, what was said, and circumstances as soon as possible — your attorney will need this.
Contact a criminal defense attorney before your first appearance. In Florida you appear before a judge within 24 hours of arrest, and a defense attorney at that hearing can argue for a lower bond or release on your own recognizance.

The Florida Criminal Court Process: Step by Step

Understanding how Florida courts process criminal cases helps you know what to expect and where your attorney can have the most impact. Misdemeanors are heard in county court; felonies are handled in the circuit court.

Arrest & First Appearance

Police take you into custody, and you appear before a judge within 24 hours. The judge reviews probable cause, informs you of the charges, and sets bond using the county bond schedule or, for serious cases, holds it for further hearing.

Filing Decision

The State Attorney reviews the arrest and decides whether to file formal charges (an information) or decline. Your attorney can submit a pre-filing packet urging the prosecutor to reduce or drop charges before an information is filed.

Arraignment

You are formally advised of the charges and enter a plea of not guilty, guilty, or no contest. Represented defendants often waive a formal arraignment through counsel.

Discovery & Pre-Trial Motions

Under Florida’s broad discovery rules, the prosecution turns over its evidence and witness list. Your attorney can take depositions and file motions to suppress evidence from an unlawful stop, search, or statement, or to dismiss defective charges.

Diversion & Plea Negotiations

Many first-time offenders qualify for pretrial diversion or pretrial intervention (PTI), drug court, or a withhold of adjudication that avoids a conviction. Where diversion does not apply, your attorney negotiates for reduced charges or lighter sentencing — how most Florida cases resolve.

Trial

If no resolution is reached, your case goes to trial. Florida uses 6-person juries for most non-capital cases and 12-person juries for capital cases, and a verdict must be unanimous.

Sentencing

If convicted, Florida judges use the Criminal Punishment Code scoresheet for felonies to calculate the lowest permissible sentence. Your attorney presents mitigation and can argue for a downward departure, probation, or a withhold of adjudication where the law allows.

Florida Criminal Charge Levels & Sentencing

Florida grades offenses from second-degree misdemeanors up through capital felonies. Misdemeanors are handled in county court; felonies in circuit court. Felony sentences are scored under the Criminal Punishment Code.

Level	Examples	Maximum Penalty
Second-Degree Misdemeanor	Disorderly conduct, petit theft under $100	Up to 60 days jail + $500 fine
First-Degree Misdemeanor	DUI (first), simple battery, petit theft $100–$750	Up to 1 year jail + $1,000 fine
Third-Degree Felony	Grand theft $750–$20K, many drug possession, third DUI	Up to 5 years prison + $5,000 fine
Second-Degree Felony	Aggravated battery, many drug sale offenses	Up to 15 years prison + $10,000 fine
First-Degree Felony	Armed burglary, trafficking, aggravated assault w/ firearm	Up to 30 years prison + $10,000 fine
Life Felony	Sexual battery (some), certain armed offenses	Up to life in prison
Capital Felony	First-degree murder, capital sexual battery	Life without parole or death penalty

Source: Florida Statutes Title XLVI (Chapters 775, 784, 810, 812, 893, et al.). Florida’s 10-20-Life law (Fla. Stat. § 775.087) imposes mandatory minimums for firearm offenses. Sentences depend on the offense level, prior record, and mandatory-minimum statutes; consult an attorney for your specific charges.

Florida Stand Your Ground: Why Self-Defense Cases Are Different

Florida’s Stand Your Ground law (Fla. Stat. § 776.012 and the immunity provision § 776.032) allows a person who is attacked where they have a right to be, and who is not engaged in unlawful activity, to use force — including deadly force — without a duty to retreat, if they reasonably believe it necessary to prevent death, great bodily harm, or a forcible felony.

Critically, the statute provides immunity from prosecution, not just a trial defense. Following a 2017 amendment, once a defendant raises a prima facie claim of self-defense at a pretrial immunity hearing, the burden shifts to the state to prove beyond a reasonable doubt that the use of force was not justified. A successful Stand Your Ground motion can end a case before it ever reaches a jury — which is why an attorney experienced with these hearings is essential whenever self-defense is at issue.

How To Choose a Florida Criminal Defense Attorney

Not all defense attorneys are equal. When evaluating Florida criminal defense lawyers, look for:

Florida bar admission and criminal defense focus. Verify license status through the Florida Bar’s online attorney directory.
Local court experience. An attorney who regularly appears in your county’s circuit and county courts — whether Miami-Dade, Broward, Hillsborough, Orange, or Duval — knows the judges, prosecutors, and procedures.
Trial experience. Ask specifically: “How many jury trials have you handled in the last two years?” You want someone willing and able to fight at trial if needed.
Experience with your specific charge. DUI, drug offenses, domestic violence, firearm charges (10-20-Life), theft, and white-collar crimes each have distinct technical defenses.
Knowledge of diversion, withholds, and sealing. A withhold of adjudication plus later record sealing can keep a conviction off your record — ask whether you qualify.
Transparent fees. Get the full fee agreement in writing before signing anything.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific outcome before reviewing your case
Pressure to pay a large retainer before a full consultation
No written fee agreement
Attorneys who will not discuss trial experience or case results

Florida Cities: Find a Criminal Defense Attorney Near You

Law.AI has criminal defense attorneys in every major Florida city. Find one near you:

Miami Criminal Defense Jacksonville Criminal Defense Tampa Criminal Defense Orlando Criminal Defense St. Petersburg Criminal Defense Hialeah Criminal Defense

Florida Criminal Defense FAQ

How long does a criminal case take in Florida?

Florida misdemeanor cases (county court) often resolve in 1–4 months, while felony cases (circuit court) typically take 6–18 months and can run longer at trial. Florida’s speedy-trial rule (Fla. R. Crim. P. 3.191) generally requires the state to bring a misdemeanor defendant to trial within 90 days and a felony defendant within 175 days of arrest, absent waivers or delays — a deadline a defense attorney can enforce on your behalf.

What is the difference between a misdemeanor and a felony in Florida?

Florida grades misdemeanors as second degree (up to 60 days jail) or first degree (up to 1 year jail), both handled in county court. Felonies are graded third, second, and first degree, plus life felonies and capital felonies, and are handled in circuit court. A third-degree felony carries up to 5 years in prison, a first-degree felony up to 30 years, and life or capital felonies up to life without parole or the death penalty. Because the stakes rise sharply with felony charges, early legal representation matters.

How does bond work after an arrest in Florida?

In Florida you generally appear before a judge for a first appearance within 24 hours of arrest, where the judge sets bond based on a county bond schedule, the seriousness of the charge, and your ties to the community. For many offenses you may bond out immediately using the schedule; for serious or violent charges a judge may hold an Arthur hearing to decide whether pretrial detention is warranted. A defense attorney at first appearance can argue for a lower bond or release on your own recognizance.

Can a criminal record be sealed or expunged in Florida?

Yes, in many cases. Under Florida Statutes §§ 943.0585 (expunge) and 943.059 (seal), you may be eligible to seal or expunge a record if adjudication was withheld and you have no prior convictions, among other requirements. Florida also offers automatic sealing of certain non-conviction records and expanded relief for some diversion completions. Certain disqualifying offenses (such as many violent and sexual offenses) cannot be sealed or expunged. A Florida criminal defense attorney can determine whether your record qualifies and file the petition with FDLE.

Should I talk to police before hiring an attorney in Florida?

No. You have the right to remain silent and the right to counsel under the Fifth and Sixth Amendments and the Florida Constitution. Clearly state “I am invoking my right to remain silent and I want a lawyer.” Questioning must stop once you unambiguously request an attorney. Anything you say beforehand can be used against you, so contact a criminal defense attorney before speaking with law enforcement.

How much does a criminal defense attorney cost in Florida?

Florida criminal defense fees vary by charge severity and county. Misdemeanor (county court) defense typically costs $1,500–$5,000. Felony defense ranges from $5,000–$25,000+, with complex or trial cases reaching $50,000–$150,000+. Many attorneys offer free initial consultations. If you cannot afford an attorney, the court must appoint counsel at no cost under the Sixth Amendment and Gideon v. Wainwright — in Florida this is handled by the Office of the Public Defender in your judicial circuit.

What is Florida’s Stand Your Ground law and how does it affect a case?

Florida’s Stand Your Ground law (Fla. Stat. § 776.012 and § 776.032) allows a person who is not engaged in unlawful activity, and who is attacked where they have a right to be, to use force — including deadly force — without a duty to retreat, if they reasonably believe it necessary to prevent death, great bodily harm, or a forcible felony. It also provides immunity from prosecution, and after a 2017 amendment the state bears the burden of proving beyond a reasonable doubt at a pretrial immunity hearing that the defendant was not justified. This defense can end a case before trial, so an attorney experienced with Stand Your Ground hearings is critical when self-defense is at issue.

What are the penalties for a DUI in Florida?

A first Florida DUI (Fla. Stat. § 316.193) carries fines of $500–$1,000, up to 6 months in jail, a 180-day to 1-year license suspension, 50 hours community service, and probation; a BAC of 0.15+ or a minor in the vehicle raises the penalties. A second DUI within 5 years brings a mandatory 10-day jail minimum and ignition interlock, a third within 10 years is a third-degree felony, and a fourth DUI is a felony regardless of timing. A DUI attorney can challenge the traffic stop, field sobriety tests, and breath-test (Intoxilyzer) results, and can contest the administrative license suspension within 10 days of arrest.