Florida • Misdemeanor Defense • Court Process Overview
Florida Misdemeanor Charges: What to Expect After Arrest or Notice to Appear
A misdemeanor case may seem “smaller” than a felony, but it can still mean jail exposure, bond conditions,
probation, fines, court appearances, and a criminal record. Early decisions matter, especially at first appearance,
arraignment, and pretrial.
This page is a general educational overview only. It is not legal advice and does not create an attorney-client relationship.
Florida misdemeanor procedure: the “what happens next” guide
In Florida, misdemeanors are generally offenses punishable by up to one year in jail or less, depending on the degree of the charge.
First-degree misdemeanors are typically punishable by up to one year in county jail and a fine of up to $1,000.
Second-degree misdemeanors are typically punishable by up to 60 days in county jail and a fine of up to $500.
Common misdemeanor allegations can include offenses such as possession of drug paraphernalia, possession of marijuana under 20 grams,
battery, DUI, trespass, disorderly conduct, and related charges. The exact path of a case depends on the facts, the county,
the judge, the prosecutor, and whether the case resolves by plea or goes to trial.
1
Case begins: arrest or notice to appear
A misdemeanor case often starts either with a criminal arrest or with a notice to appear.
Either way, the State Attorney may later file a formal charging document called an information.
2
First appearance hearing (usually within 24 hours after arrest)
If a person is arrested, they will usually see a judge within 24 hours. At first appearance,
the judge may review probable cause, consider the alleged charge or charges, and decide whether bond should be set.
3
Bond, release conditions, or “no bond” status
The court may release a person on bond, on recognizance, or on pretrial release. Release on recognizance usually means
no money must be posted. Pretrial release may include reporting requirements, questioning, or drug testing.
If the person is held “no bond,” they may remain in custody until appearing before the assigned trial judge.
4
Arraignment and formal charging decision
After arrest or notice to appear, arraignment is often the next court date. At arraignment, the State may file an information
and formally prosecute the case, or it may no information the matter, meaning the State declines to move forward and the person is free to leave.
5
Plea at arraignment or early resolution
If charges are filed, the person may enter a plea of not guilty. In some lower-level cases, a no contest plea and negotiated resolution
may be available at arraignment. Certain minor offenses may resolve quickly if the State makes an offer the defense chooses to accept.
6
Pretrial conference and status hearings
If the case does not resolve at arraignment, the next setting is often a pretrial conference.
These are typically status hearings where the lawyers and court address plea negotiations, discovery,
trial preparation, and whether more time is needed. Continuances may be granted if good cause is shown.
7
Plea hearing, negotiated resolution, or open plea
Many misdemeanor cases end with a plea agreement involving some combination of jail time, probation, fines,
court costs, classes, or other terms. If the defense and State cannot agree, the defense may choose to enter an open plea to the bench,
asking the judge to decide the sentence instead of accepting the State’s offer.
8
Trial setting, jury trial, verdict, and sentencing
If the case is not resolved by plea, it may be set for trial once discovery is complete and the defense announces ready.
If selected for trial, the case may proceed to jury selection and trial. A jury may return a verdict of guilty or not guilty.
If there is a conviction, the court will impose sentence. Some cases end before jury deliberation because of events such as a mistrial,
witness problems, or other developments during trial.
Big picture:
A misdemeanor charge can still carry serious consequences. Jail exposure, probation terms, employment issues,
license concerns, and the long-term effect of a criminal conviction are all real. Getting legal guidance early can help
you understand the options before the case starts making decisions for you.
Disclaimer
For more information on the misdemeanor process, call us at 407-717-8557. The information above is not a guarantee of how any case will proceed
and is not legal advice under an established attorney-client relationship. This page is intended only as a basic general overview
of the misdemeanor judicial process in Florida for educational purposes.
