Florida Misdemeanor Attorney
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.
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.
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.
Quick checklist after a misdemeanor arrest
These steps are not a substitute for legal advice, but they can help you avoid some very preventable courtroom nonsense.
- Save all paperwork, bond documents, charging papers, and court notices.
- Write down the date of arrest, release conditions, and the next court date.
- Do not miss arraignment, pretrial, or reporting obligations.
- Follow all bond or pretrial release conditions exactly.
- Do not assume a misdemeanor is “minor” just because it is not a felony.
FAQs
What is the difference between a first-degree and second-degree misdemeanor?
Generally, a first-degree misdemeanor carries up to one year in county jail and up to a $1,000 fine, while a second-degree misdemeanor usually carries up to 60 days in county jail and up to a $500 fine.
What does “no information” mean?
It means the State has decided not to formally prosecute the case at that time. If the matter is no informationed, the person is generally free to leave and the case does not move forward as a formal prosecution.
Can a misdemeanor case be resolved at arraignment?
Sometimes. In some lower-level cases, the State may make an offer that allows the case to be resolved early. Whether that is wise depends on the facts, the evidence, and the long-term consequences of the plea.
Will every misdemeanor case go to trial?
No. Many misdemeanor cases are resolved by plea. Trial usually happens only after discovery is complete, plea negotiations have been considered, and the defense decides the case should be set ready for trial.
