What Happens During A Misdemeanor Trial In Broward County, Florida?

Facing a misdemeanor charge can be incredibly stressful, especially if your case is heading toward trial. In this article, we break down…

• The process for misdemeanor charges reaching the trial stage.
• The difference between a bench trial and a jury trial in misdemeanor cases.
• What happens if you are found guilty, and how an attorney can help mitigate consequences.

How Do Misdemeanor Cases Typically Reach The Trial Stage In Broward County Courts?

First, we have to go through what’s called the “discovery process”. Discovery is the sharing of information between the state and the defense.

Assuming the defense chooses to participate in discovery, the prosecutor has an obligation to provide all of the evidence they intend to use to prove the charges against the defendant. That can include police reports, photographs, videos, or anything else they have.

In turn, if we uncover any evidence, whether it’s photographs, videos, or other materials, we also have to provide that to the prosecutor.

Part of the discovery process may also involve depositions. That means bringing a witness in, either to an office, the courthouse, or even on Zoom, and asking them questions about what they saw, heard, or know.

After depositions, there may be motions filed, such as motions to suppress or motions to dismiss, which are used to challenge the evidence or test whether the case is legally sufficient.

Ultimately, if the case cannot be resolved favorably, the final stage in the process is a trial.

What Types Of Evidence Are Commonly Introduced During Misdemeanor Trials?

When most people think about evidence, they think of physical items like photographs, weapons, cell phones, or video recordings. But what many people don’t realize is that testimony is also evidence.

If someone witnesses a crime or has knowledge about an event, their testimony, whether given to law enforcement or in court, can be used as evidence. In some cases, there may be no physical evidence at all, just a person’s account of what happened. If the judge or jury believes that testimony, it can be enough to support a guilty verdict.

That said, today it’s much more common to have additional evidence, especially video. With surveillance systems, cell phones, and body-worn cameras, it’s now rare to have a case without some type of video. Years ago, that wasn’t the case. It was common to handle entire cases, including DUI cases, without any video evidence at all, relying solely on police reports and testimony.

What Is The Difference Between A Bench Trial And A Jury Trial For Misdemeanor Cases?

A bench trial is held in front of a judge, while a jury trial is held in front of a group of people, typically six jurors. In both types of trials, the decision-maker listens to the evidence and determines whether the defendant is guilty or not guilty.

A bench trial is generally more informal. There’s no jury selection, and opening statements may be more limited because the judge already understands the legal framework. A jury trial, on the other hand, is more involved. It can take anywhere from a day to several days—or even longer—depending on the case.

During a jury trial, a larger pool of potential jurors is brought in, sometimes 20, 30, 40, or more. From that group, typically six jurors are selected to hear the case and make a final determination.

What Happens If Someone Is Found Guilty During A Misdemeanor Trial?

The outcome depends on several factors, including:

• The specific charge
• The person’s prior criminal history
• Whether there is an alleged victim
• Input from that victim

Penalties can vary widely. In some cases, it may be as simple as paying court costs. In more serious situations, it could involve jail time. Some misdemeanors carry a maximum penalty of 60 days in jail, while others can carry up to one year. That said, most people do not receive the maximum sentence unless they have an extensive criminal history.

How Can Careful Legal Preparation Help Me Obtain The Best Results Possible During A Misdemeanor Trial?

It really all comes down to strategy. The way we handle cases is by first obtaining all discovery from the state. We review everything, from videos to police reports and photographs, before discussing the case with our clients. After that, we bring them in and go through all of the evidence together. Then I listen to their side of the story.

From there, we begin developing a defense. As a defense attorney, you don’t create a defense out of thin air. You build it based on the evidence and your client’s account.

Once we have a strategy, we can begin presenting that to the prosecutor and working toward the best possible outcome. That might mean getting charges reduced, having them dropped, or resolving the case in a way that avoids trial altogether. Regardless, the goal is always to reach a result that our client is satisfied with.

Still Have Questions? Ready To Get Started?

For more information on misdemeanors and the trial process in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 338-7878 today.