To handle a felony charge in Broward County, stay silent, hire a criminal defense attorney immediately and follow every release condition. Your case will move through first appearance, a filing decision by the State Attorney, arraignment, discovery and depositions, motions and negotiation before any trial. Florida felonies are punished under the Criminal Punishment Code, and the scoresheet sets the lowest sentence the judge can impose unless there are grounds to go below it.
Key takeaways
- First appearance happens within 24 hours of arrest.
- The State Attorney can file, reduce or drop charges after the arrest.
- Florida's speedy trial rule generally requires felony trials within 175 days of arrest unless waived.
- The Criminal Punishment Code scoresheet drives felony sentencing.
- Diversion, reduced charges and downward departures are possible with the right defense.
How are felonies classified in Florida?
Florida ranks felonies from least to most serious as third degree, second degree, first degree, life and capital felonies. A third degree felony carries up to five years in prison, a second degree felony up to 15 years and a first degree felony up to 30 years under § 775.082, Fla. Stat.. Many offenses also have mandatory minimum sentences or enhancements, especially when firearms or drug trafficking amounts are involved.
What are the steps in a Broward County felony case?
- Arrest and booking. You are taken to the Broward County Main Jail or another facility.
- First appearance. Within 24 hours a judge reviews probable cause and sets bond and release conditions.
- Filing decision. Prosecutors review the arrest and file a formal charging document called an information, or decide not to file. Capital cases require a grand jury indictment.
- Arraignment. You enter a plea, usually not guilty, at the Broward County Courthouse at 201 SE 6th Street in Fort Lauderdale.
- Discovery and depositions. Your attorney receives the State's evidence and can depose its witnesses under oath.
- Motions. Your attorney files motions to suppress evidence or dismiss charges.
- Negotiation or trial. The case is resolved by dismissal, plea, diversion or a jury trial.
- Sentencing. If convicted, the judge sentences you using the Criminal Punishment Code scoresheet.
Facing this situation in Broward County? Talk to a defense attorney today.
What should you do right after a felony arrest?
- Do not discuss the case with police, cellmates or anyone on jail phones, which are recorded.
- Do not post about the case on social media.
- Follow every bond condition, including no-contact orders.
- Write down everything you remember while it is fresh and share it only with your lawyer.
- Hire a criminal defense attorney before first appearance if possible.
How does felony sentencing work in Florida?
Florida uses the Criminal Punishment Code. Points are assigned for the main offense, additional offenses, prior record, victim injury and other factors. The total produces the lowest permissible sentence. A judge can sentence up to the statutory maximum, but can only go below the scoresheet minimum if the defense proves a valid reason for a downward departure, such as the need for specialized treatment or the victim's participation in the offense.
A defense attorney can affect sentencing long before a sentencing hearing, by reducing the charges filed, challenging scoresheet points and building mitigation.
Can a felony charge be reduced or dismissed?
Yes. Felony charges are frequently reduced or dismissed when the evidence is weak, when evidence is suppressed or when the defense presents information the State did not consider. First-time offenders charged with nonviolent third degree felonies may qualify for pretrial intervention, which can lead to dropped charges. Others may qualify for drug court or a withhold of adjudication.
Frequently asked questions
How long does a felony case take in Broward County?
It varies widely. Florida's speedy trial rule sets a 175 day deadline for felonies unless it is waived, and many defendants waive it to allow full investigation.
Can I get a felony reduced to a misdemeanor in Florida?
Often, yes, through negotiation or by showing the State cannot prove an element that makes the offense a felony, such as the value in a theft case.
What is a withhold of adjudication on a felony?
It means the judge does not formally convict you. It can protect civil rights and may allow the record to be sealed, but it is not available for every felony.
Will I lose my right to vote with a felony?
A felony conviction in Florida can affect voting rights, firearm rights and eligibility for some jobs and licenses. Avoiding a conviction is often a central goal.
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Florida law referenced: § 775.082, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.
