Criminal Defense Attorney

At KMS Legal, we firmly believe that an informed client is our most valuable client. That is why we have taken the initiative to provide you with an overview of the criminal trial process in Florida. If you plead not guilty, you will proceed to trial unless the charges are dismissed or you later decide to change your plea.

In the state of Florida, there are two types of trials: Non-jury Trial (Bench Trial) and Jury Trial.

Bench Trial: In a bench trial, there is no jury involved. Instead, a judge determines whether a crime has been committed and whether the defendant is criminally responsible for it. However, a non-jury trial can only take place if all parties involved – the prosecutor, the defendant, and the judge – agree to it. Typically, bench trials are reserved for minor offenses or cases where the primary issue is a legal argument rather than a matter of fact or evidence.

Jury Trial: In a jury trial, a judge presides over the proceedings while a jury of 6 jurors, or 12 in capital offense cases, listens to the evidence presented. The jury then decides whether a crime has been committed and whether the defendant is criminally responsible for it.

Jury Selection: Before a trial begins, both the prosecution and defense participate in the process of selecting 6 or more jurors from a panel of approximately 30-50 citizens. This process is known as “voir dire.”

An Overview Of The Criminal Trial: Most criminal trials in Florida follow a basic procedural format:

1. Opening statements: Lawyers representing both parties provide the jury with their interpretation of the evidence and testimony that will be presented during the trial. As the burden of proof lies with the state, the prosecution addresses the jury first, followed by the defense.

2. Presentation of evidence: The state presents its case first by presenting evidence and calling witnesses to testify. Once the state concludes its direct examination of the witnesses, the defense attorney has the opportunity to cross-examine them, aiming to reveal any inconsistencies, mistakes, lack of knowledge, or potential bias.

3. Objections: Throughout the trial, attorneys may raise legal objections to witness testimony. They may also be asked to approach the bench to discuss legal matters.