Arraignment

If the prosecutor decides that a crime was committed, he or she will file an Information. An Information is a document that states the criminal charge(s) you are being accused of and the essential facts underlying those charge(s).

An Arraignment is a formal proceeding during which you would enter a plea to the charge(s) against you. At this time, you would normally plead Not Guilty to the charge(s) and I would request that the Court set your case for trial or some other hearing based upon your charge(s) and the investigation needed to be completed in your case.

There are two (2) kinds of criminal cases that can be filed against you: Misdemeanor and/or Felony.

Less serious crimes are classified as misdemeanors and are handled by the County Court. The lowest level criminal offense is a “second degree misdemeanor” and is a crime punishable by no more than sixty (60) days in jail, six months of probation, and a $500 fine. The State may also choose to file a first degree misdemeanor which is a crime punishable by no more than one year in jail, one-year probation, and a $1,000 fine.

More serious criminal cases are known as felonies and are heard by the Circuit Court. These offenses are punishable by more than one year imprisonment and are governed by the Florida Criminal Punishment Code (Sentencing Code).

The Sentencing Code classifies each felony with a specific amount of points. The higher the level of felony offense, the more points are given to the crime. The Sentencing Code also factors in points for any prior offenses you may have had and/or any aggravating or mitigating circumstances that would raise or lower the number of points you receive for the crime charged.

Importantly, if you score 44 points or more, then the Court is required to sentence you to a term of imprisonment over one (1) year. The following are the different degrees of felonies applicable in your case:

• A Third Degree Felony is punishable by up to five years in prison, five years probation, and a $5,000 fine;
• A Second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine;
• A First-degree felony is punishable by up to thirty years in prison, thirty years probation, and a $10,000 fine.

This is to provide you with general information and is not legal advice or a substitute for
legal advice. Importantly, each case is unique and will not necessarily be handled in the same manner as described. Please contact me, Sabarish P. Neelakanta, to schedule a free initial consultation if you have specific questions regarding a criminal case against you.