What should I do in the first week after being charged with a crime in Florida?

The days after an arrest or a notice to appear are when the most avoidable mistakes happen: a missed court date, a broken no-contact order, a statement that cannot be taken back, or a diversion window that closes. This checklist covers adult criminal cases in Palm Beach and Broward; for a DUI the license deadline comes first, as explained in the first week after a Florida DUI arrest. The full list of charges Mr. Mead defends is on the criminal defense practice areas page.

What happens in the first week, step by step?

1. First appearance. A person who is booked and not already released sees a judge within 24 hours, in person or by video (Rule 3.130). The sequence is described in the first 48 hours after an arrest in Palm Beach or Broward.
2. Release. The judge sets bond and conditions, often including no contact with an alleged victim. How amounts and conditions are decided is explained in how bond is set in Florida.
3. A notice to appear instead of jail. For some misdemeanors, an officer issues a notice to appear with a court date rather than booking the person (Rule 3.125).
4. Filing. The State Attorney reviews the arrest and files a charging document, sometimes for a different or lesser charge, or declines to file.
5. Arraignment. The charge is read and a plea entered. If the defendant has a lawyer, "counsel may file a written plea of not guilty at or before arraignment and thereupon arraignment must be deemed waived" (Rule 3.160(a)). Whether you must attend is covered in whether you have to go to your arraignment.
6. Discovery. After the charge is filed, the defense may file a Notice of Discovery, and the prosecutor must then serve a written discovery exhibit within 15 days (Rule 3.220(a), (b)).

Where will my case be heard?

Administrative Order 4.603 divides Palm Beach County's criminal county court into four regions, and "All cases assigned to the Southern Region will be heard in the South County Courthouse." What to expect in that building is on the South County Courthouse page. The Broward steps are on the Broward Central Courthouse page.

What should I do this week? The checklist

1. Read every release condition. Note any no-contact order, stay-away address, curfew, travel limit or testing requirement, and follow it exactly.
2. Find the court date and courthouse. It is on the notice to appear, the bond paperwork or the clerk's online records. A missed date can lead to a warrant.
3. Collect your paperwork. Arrest affidavit or notice to appear, bond receipt, release order, any no-contact order, property receipt and, once filed, the charging document.
4. Write down what happened. For your lawyer only: times, places, witnesses, cameras, what was said.
5. Preserve evidence. Save texts, photos, receipts and names of witnesses; ask your lawyer how to request business or doorbell video before it is erased.
6. Stay silent about the case. No statements to police, no contact with the alleged victim, no posts, no discussion on recorded jail phones.
7. List your record. Prior arrests, pleas and probation anywhere matter for diversion and for the degree of some charges.
8. Set reminders. The Palm Beach County Clerk offers free text message reminders of upcoming criminal court dates; put every date in your own calendar too.
9. Talk to a defense lawyer before arraignment. A lawyer can file a written not guilty plea, request discovery and raise diversion on time.

Why do diversion deadlines matter so early?

Some programs close quickly. The Broward State Attorney says an attorney seeking felony pretrial intervention "must apply within forty-five (45) days from the date of arraignment," and that taking depositions or hearing substantive motions disqualifies a defendant from consideration. Eligibility for Broward's Misdemeanor Diversion Program is decided at arraignment. In Palm Beach County, the State Attorney says many misdemeanor cases at its satellite offices "result in plea offers and pretrial diversion." The programs and their rules are compared in pretrial diversion in Palm Beach and Broward.

What will it cost in the first week?

Some costs come early, and they are set by the court or the program, not by the outcome. A cash bond is a promise that the person will appear and stay within the court's jurisdiction, and the Palm Beach Clerk explains how cash bond refunds are handled when the case ends. Fines, fees and costs ordered later can be paid online, by phone at (561) 355-2994 or through a payment plan, according to the Clerk. Diversion programs carry their own costs: Broward's Misdemeanor Diversion Program charges $150 per defendant for the costs of prosecution, with no refunds. Knowing these numbers helps a family plan, but no cost should be paid as a substitute for legal advice about the case itself.

What changes the answer?

• Misdemeanor or felony. The degree decides the court, the maximum penalty and which programs may apply; see our chart of Florida criminal penalties.
• In custody or released. A person held on bond has different priorities, starting with a bond motion.
• Domestic violence. Release usually comes with no-contact terms and a hold until first appearance; violating them is a separate offense.
• Prior record or probation. A new arrest while on probation can also bring a violation case.
• Time limits. Speedy trial rules and the effect of a demand are explained in speedy trial deadlines in Florida.
• How the case ends. A dismissal, a nolle prosequi or a plea with a withhold have very different record effects; see what a withhold of adjudication is.

A worked example

For example, take a hypothetical Boca Raton resident given a notice to appear for misdemeanor petit theft at a store in town. In her first week, she would note the court date and that the case belongs to the South County Courthouse in Delray Beach, keep her receipts and bank records, and write down what happened at the exit while it is fresh. She would not answer the store's civil demand letter or contact the store. A lawyer could file a written not guilty plea, which deems the arraignment waived under Rule 3.160(a), file a Notice of Discovery to get the State's evidence within 15 days of service, and ask whether diversion would be offered. This illustration is not a prediction for any case.

Common mistakes people make

• Calling the alleged victim to "clear things up," which can break a no-contact order.
• Missing the first court date because the notice was misread or lost.
• Giving a statement to a detective who calls "just to hear your side."
• Posting about the arrest or deleting messages that could help the defense.
• Taking a plea at the first hearing without knowing the record and license consequences.
• Waiting until after arraignment to ask about diversion.

Frequently asked questions

Do I need a lawyer before my first court date?

It helps. A lawyer can file a written plea of not guilty at or before arraignment, which deems the arraignment waived (Rule 3.160(a)), and can raise diversion before deadlines pass.

What if I cannot afford a lawyer?

Before arraignment, the court must advise an unrepresented person of the right to counsel and, if the person is financially unable, of the right to court-appointed counsel, after an affidavit of inability (Rule 3.160(e)).

Can the charges be dropped in the first week?

The State Attorney may decline to file, file a lesser charge, or later drop the case. See whether criminal charges can be dropped before trial.

Should I talk to the police if they call me?

You have the right not to answer questions. Speak with a lawyer first; anything said can be used in the case.

How do I find my case online?

In Palm Beach County, the Clerk says many criminal court records can be searched online through eCaseView, which also shows upcoming court dates, and that information on criminal cases is available by phone at (561) 355-2994, Monday through Friday, 8:00 a.m. to 4:00 p.m. The case number is on your paperwork.

What if the charge is a felony?

Felonies are heard in circuit court and scored on a sentencing worksheet. How that works is explained in how a Florida felony sentence is calculated.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. The first week shapes the whole case: release conditions, the first filing, discovery and any chance at diversion. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you have just been charged, a confidential call to (561) 362-6677 is a sound first step.

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