Florida Criminal Lawyer

SEE JUDGE AT JAIL  “ARRAIGNMENT”

“Arraignment” is going before the judge, being informed of the charges brought, and having a bond set, if the offense is “bondable.”  In Florida, this should happen within 24 hours of arrest, if the accused is still in custody. 

OR

BOND OUT PRIOR TO SEEING JUDGE

A DUI case involves “administrative” action on your driver’s license, (action taken by the Department of Motor Vehicles) and action by the “criminal” system, i.e.:  the County Court.  Although these legal entities and their actions are separate, the actions they take overlap in the area of driver’s license suspension only.  The outcome of the DMV hearing has NO effect the court process at all.

2. COURT SYSTEM ACTION

Ø     Counsel retained,  files “Waiver of Arraignment” and “Notice of Discovery.” Once these are filed, the accused does not attend the arraignment or the docket sounding(s).

2(a). ADMINISTRATIVE ACTION

Ø     Within 10 days of arrest, a “request for formal hearing” must be filed with the department of motor vehicles or the accused loses the right to contest the suspension of his/her driver’s license.

Ø     The DUI ticket is the accused’s license for 10 days after arrest.  If  no formal hearing is requested, the “hard suspension” begins.  Suspensions: 30 days if the accused took the breath test (and blew over .08),  90 days if breath test refused.  No “business license” is granted during this time.  The accused is eligible for a business license at the end of the “hard suspension”if he/she has signed up (and shows proof) for the  DUI driving class.

Ø     After the request for hearing is filed, the DMV sends (within about 5 days of initial “request”) a notice of hearing date and a temporary driving permit for the accused to fill the gap between the expiration of the 10-day ticket and the hearing date.  The “Driver’s Prehearing Statement” is filed within 10 days of receipt of the hearing date.

3.  COURT SYSTEM ACTION

ARRAIGNMENT
For those who bonded out prior to seeing the judge at the jail.

Ø     Same proceeding as at the jail, but as a “walk-in.”  Usually approximately 30 days after arrest.

3(a). ADMINISTRATIVE ACTION

DMV FORMAL HEARING
Held approximately 30-45 days after arrest.  Our client does not attend. Ruling may be announced at hearing, or DMV may “reserve” (ie: “think about it”) for up to 7 days after hearing.  

Ø     If we find a technical defect in the procedure used by the police or their paperwork, the suspension is “set aside” and we get a letter for our client to get a “no fee duplicate” license.  If client later pleads or is found guilty of DUI, a minimum 6-month suspension begins on conviction date, but court will allow a business permit if our client is otherwise eligible.

4. COURT SYSTEM ACTION

DEFENSE COUNSEL HAS ACCESS TO “DISCOVERY MATERIALS”
Approximately 25 days after the Arraignment.

Ø     “Discovery materials” are the video tape, if one was made,  the police reports, and witness statements (if any).

5.  OFFICE APPOINTMENT FOR CLIENT TO COME IN TO REVIEW DISCOVERY AND VIDEO
(Out of town clients done by phone, having mailed video and paperwork in advance.)

6.  COURT SYSTEM ACTION

“Docket Sounding” (known in some jurisdictions as “calendar call”) is the day by which discovery materials should have been provided by the state and reviewed by the defense, and both sides come to court to say “ready or not” for trial.  I attend this court event, and you do not.  Many cases can be resolved at this point, because it is a "face to face" with the prosecutor, where he or she has your file, and will usually make a plea offer.  Sometimes the plea offer is realistic, sometimes it is not.  If a plea offer is made that I think is reasonable, I might set the case for trial but contact you right away to discuss the plea offer.  The offer may also be unreasonable, in which case we'll set the case for trial to see if the prosecutor will scrutinize it more closely, and make a better offer.  Sometimes, because of recent disclosure of witness statements, continuing investigation, or convenience to either side, cases are “continued.”  That means an extension of time is requested and usually granted.  ( Only certain judges don’t grant continuances.)  If the defense requests a continuance, that constitutes a “waiver of speedy trial,” which means the state is no longer bound to bring the case to trial within 90 days.  Sometimes the right to speedy trial can work in the client’s favor if it gets down to the wire and the state’s witness is unavailable.  The state still gets a 15-day “recapture” period, so cases are not often dismissed on speedy trial grounds.  If the state asks for the continuance, the client’s right to a speedy trial remains in effect.  If the case is continued by either side, the case is put on the judge’s next docket sounding, (usually about 30 days away)  and the lawyers return to court on that day to announce if they are ready to plea or go to trial.   “Speedy trial” can be resurrected by the defense at any time by filing a “Demand for Speedy Trial,” but this is something that sets the train on a “no turning back” course, so should be undertaken carefully.

7.  RESOLUTION OF CASE

Cases are resolved by plea or by trial, after full consideration of all the evidence, options, penalties, and potential ramifications.  The decision belongs to the client, although counsel will make a recommendation.