Adult Case Process

All hearings (except domestic violence, Monday through Friday) are held at the Richard E. Gerstein Justice Building, 1351 NW 12th Street, Miami, FL 33125.

 

Felony

Courtroom 1-5

Monday through Friday

9 a.m. and 1:30 p.m.

Weekends and holidays bond hearing are immediately following the misdemeanor jail arraignments, which are at 9 a.m. All hearings are held in Courtroom 5-3.

 

Misdemeanor and Criminal Traffic

Courtroom 5-3

Monday through Friday, 9 a.m. and 1:30 p.m.

Weekends and holidays 9 a.m. bond hearings are conducted once a day.

 

Domestic Violence

Monday through Friday, 11 a.m.

Lawson E. Thomas Courthouse Center

Courtroom 2A

175 NW 1st Avenue

Miami, FL 33128 

Weekends and holidays, 8:30 a.m.

Richard E. Gerstein Justice Building

Courtroom 5-3

1351 NW 12th Street

Miami, FL 33125

 

Additional bond hearing information can be found on the Clerk of the Courts website.

The Miami-Dade Department of Corrections and Rehabilitation sets the rules for each jail facility. For visitation or other information, contact the jail facility. 

 

Boot Camp 

6950 NW 41st Street 

Miami, FL 33166 

786-263-5800 

 

Metro West Detention Center 

13850 NW 41st Street 

Miami, FL 33178 

Facility Phone: 786-263-5101 

Visitation Information: 786-263-5154, 786-263-5155 and 786-263-5156 (7 a.m. – 11 p.m.) 

 

Pre-trial Detention Center (Miami-Dade County Jail) 

1321 NW 13th Street 

Miami, FL 33125 

786-263-4100 

 

Stockade 

6950 NW 41st Street 

Miami, FL 33166 

305-470-7600 

 

Training and Treatment Center 

6950 NW 41 Street 

Miami, FL 33166 

305-470-2850 

 

Turner Guilford Knight Correctional Center (TGK) 

7000 NW 41st Street 

Miami, FL 33166 

305-470-7600 

 

When a person is arrested on a misdemeanor domestic violence charge, the case is sent to the Domestic Violence Division (DVD) of the County court. Domestic violence offenses are primarily assaults or batteries, stalking, and violation of injunctions between husbands and wives, boyfriends and girlfriends, people who live together, or people who have a child together. Laws applying only to domestic violence offenses require the defendant to remain in jail until the first appearance hearing. The defendant will not be allowed to post bond until after the hearing. For the schedule and location of first appearance hearings of the DVD, visit “Domestic Violence” under the “Bond hearing and adult jail locations” section. 

 

 

The purpose of the first appearance and bond hearing is for the judge to:  

 

In domestic violence cases, the judge will also issue an order that prohibits any contact between the defendant and alleged victim. If the alleged victim appears at the hearing, testifies on behalf of the defendant, and proves to the judge that no threat of harm exists, the judge may decide not to issue the order. If the defendant cannot post bond and remains in jail, the defendant will be scheduled to appear at a DVD jail report hearing within four days. 

 

 

A defendant is presumed innocent until the prosecutor proves guilt beyond a reasonable doubt. At this stage in the process, the prosecutor has not proven anything and the defendant is supposed to be treated as an innocent person. Following this principle, Florida law gives the defendant the right to be released from jail prior to the trial. However, there is no right to pre-trial release in cases where the person is arrested for a “non-bondable” offense. To determine whether the defendant should be released, the judge may ask about the length of time the person lived in the area, whether the defendant has a job, has family members living in the area, has a past criminal record or has been released on bond previously and appeared in court as required. The judge may release the defendant on his own recognizance, on monetary bond (either cash or surety bond through a bail bondsman), on monitored release (electronic monitoring device or bracelet), to the custody of a responsible member of the community, a drug program or mental health facility. 

 

 

If a defendant is arrested for a “non-bondable” offense, such as murder, sexual battery or kidnapping, the law presumes that the defendant will remain in jail pending trial. A person arrested for a “non-bondable” offense has the right to ask for an Arthur hearing. The purpose of the hearing is for the judge to determine whether the person should be released pending trial.

In all cases, the law requires defendants who wish to be represented by the public defender to fill out the Affidavit of Indigent Status. A $50 application fee will be imposed. Florida law authorizes the public defender to represent all clients regardless of their ability to pay the $50 application fee.

 

As defined in Florida law, a judge can appoint the public defender to represent a person who has income that is equal to or less than 200 percent of the current federal poverty guidelines, or is unable to pay for the services of a private attorney without substantial hardship to his or her family. For more information, review Florida’s income eligibility guidelines for Public Defender services.

The State Attorney’s Office (the State) has sole discretion to file formal criminal charges. In Miami-Dade County, the State files charges in about 60 percent of arrests involving adults. The State may file charges even if witnesses do not want to testify against the defendant or do not want to proceed with the case.

 

For felonies, the charging document most commonly used is called an information. The prosecutor has 30 days from the date of arrest to file the information. However, in Miami-Dade County, nearly all defendants are set for arraignment on felony charges on the 21st day after their arrest. If the information is not filed by the 21st day, and the defendant is in custody, his defense attorney can ask the judge to either release the defendant on his promise to appear in court or to hold an adversary preliminary hearing, which requires the State to produce evidence showing probable cause for the charges.

 

If the prosecution intends to file an information, it will request an extension until the 30th day for either defense request. On the 30th day, if the prosecution does not have an information, the court will order that the defendant be released on his own recognizance by the 33rd day, unless the state attorney files charges by that date. If the prosecution shows good cause, it can request to have the defendant remain incarcerated until the 40th day. No individual shall remain in custody for more than 40 days if no information has been filed.

 

Another way a person can be charged with a violation of law is by indictment, a formal document issued by a grand jury usually charging a felony punishable by the death penalty or life imprisonment. It is based upon the facts and circumstances of a case as presented to the grand jury by the prosecution.

 

A grand jury is composed of 21 Miami-Dade County citizens who have been selected from countywide voter rolls. A grand jury has broad powers to investigate a range of criminal offenses and to examine the performance of public officials and public institutions. Its deliberations are conducted in secret, in conjunction with the state attorney. After hearing evidence presented by the prosecution, the grand jury decides whether charges should be filed and, if so, what those charges should be.

 

A client charged with his first offense may be eligible for participation in the Pre-trial Diversion Program, which serves as an alternative to formal prosecution. The criteria for these programs are strict, and acceptance depends on the approval of the victim, arresting officer, prosecutor and judge. If the client agrees to enter the diversion program, the client will have to give up his right to a speedy trial and may be required to attend classes, perform community service, pay restitution or meet other conditions. Upon successful completion, the prosecutor dismisses the charges. If the client does not complete the program, the case will be returned to court for trial. 

 

 

Clients charged with felony possession or purchase of a controlled substance may be eligible for the Drug Court Diversion Program. Read more about the drug court program.

 

 

The Advocate Program is the private provider that supervises all misdemeanor diversion and probation cases. When a judge diverts or sentences a client, the program counselors ensure compliance with the judge’s order. The Advocate Program offers classes and group counseling in values clarification, shoplifting prevention, anger control management (conflict resolution), substance abuse, parenting and weapons safety. A client may be charged up to $150 for a six-month supervision period, depending on his ability to pay. 

 

 

The Drive Legal Program is a pre-trial diversion program for drivers with a suspended license who failed to appear in court or pay a fine. The clerk’s office screens all Driving While License Suspended citations for qualification for this diversion program. Eligible candidates are required to appear before a magistrate at a night report calendar. If the person accepts the conditions of the program and successfully completes it, the case may be dismissed. 

 

Learn more about driver’s license suspensions, reinstatements and more.

Miami-Dade Veterans Treatment Court (VTC)

The Miami-Dade Veterans Treatment Court (VTC) is a problem-solving court designed to offer treatment in lieu of incarceration for veterans whose substance use disorders and/or mental illness appear to have contributed significantly to their arrest. VTC is a pre- and post-adjudicatory, pre-trial, voluntary program lasting 14 to 18 months. VTC seeks to provide a means to divert eligible veteran participants from the traditional criminal justice system and offer them support and rehabilitation through comprehensive substance abuse and/or mental health treatment, education, vocational programs, and community resource referrals for housing and transportation, all while being judicially monitored. VTC is made up of an extensive collaboration of dedicated partners, including criminal justice, federal veterans’ agencies, and local community veterans’ organizations.

If the case is set for trial, the defense attorney will begin preparing by filing motions, deposing and interviewing witnesses, investigating allegations and other aspects of the case. The client has the right to assist in the preparation of his or her own defense. 

 

One of the most significant ways a client can assist in the preparation of his defense is by providing the defense attorney with the names and addresses of witnesses not listed by the prosecution who can testify to circumstances that may prove the client is not guilty or help show that the crime is not as serious as the prosecutor suggests.  

 

The client and his family must not contact the alleged victim or the witnesses listed by the prosecution or send other people to talk to them because the prosecutor may charge the client with an additional crime known as tampering with witnesses. It is the defense attorney’s job to speak to the witnesses and alleged victim. 

 

The defense attorney may file motions requesting the witness list, police reports, witnesses' statements, reports of experts and any other evidence in the case. The process by which the prosecution and the defense search for the facts of the case is called discovery. The deposition of witnesses is a discovery tool for uncovering the facts. In a deposition, the prosecutor and defense counsel are present to take the sworn statements of witnesses. Discovery depositions are very useful for both sides because it allows them to evaluate the strengths and weaknesses of the case prior to trial. 

 

The defense attorney may speak with the prosecutor to get some idea of the prosecutor’s evaluation of the case. Depending on the strength of the defense’s case, the prosecutor may decide to dismiss all charges, offer a lesser sentence or drop some of the charges against the child in exchange for a plea of guilty or no contest to other charges. 

 

In nearly 98 percent of juvenile cases, there is no trial. Cases are disposed of by the prosecutor not filing charges, the case being dismissed, the client entering a guilty or no contest plea, or completing a diversion program.

 

A trial is the fact-finding phase of a case and is held to determine the guilt or innocence of the defendant. It is the prosecution’s burden to prove the client’s guilt beyond a reasonable doubt. A defendant is not required to prove his innocence, present any evidence nor call or cross-examine witnesses and has the right to decide whether to testify.  

 

There are two types of trials: bench and jury. 

 

 

In a bench trial, the judge decides issues of fact without a jury. A bench trial in criminal court can only occur when the prosecution and the defense agree. In a bench trial, there is no jury because the judge is the fact finder. The judge hears opening statements, the presentation of evidence and closing arguments, and then decides whether a crime has been committed and whether the client is criminally responsible as charged. 

 

 

In a jury trial, jurors resolve disputed facts. A jury trial is where a judge presides, and six or 12 eligible Miami-Dade County residents are selected to hear the case and make a finding of guilt or innocence. The jury is the fact finder. During jury selection the judge, prosecutor and defense attorney question prospective jurors and then select the jury. The trial begins when the jury is sworn. Although every trial is different, there are specific elements that make up the proceeding. 

 

A jury trial starts with opening statements from one or both sides. Opening statements tell the jury what both sides expect the evidence will show. The prosecution must call witnesses to testify and introduce physical evidence because it has the burden of proving the case. The defense attorney may cross-examine the prosecution’s witnesses and challenge its evidence. After the prosecution presents its evidence, the defense attorney may ask the judge to dismiss the case (motion for a judgment of acquittal) because the prosecutor did not present enough evidence to show that the client committed the crime. If the judge grants the motion, the case is over. If the judge denies the motion, the defense attorney may call defense witnesses and introduce evidence. 

 

Because the State has the burden to prove that the person committed the crime, the defense does not have to present its own case. The client may choose to testify or not. After all evidence is presented, each side presents closing arguments to the jury. The judge then instructs the jury about the laws and rules that they must consider during their deliberation, which is when the jury meets alone to review and discuss the admissible evidence until they reach a unanimous decision (verdict). 

 

If the jury cannot unanimously decide, the judge can declare a mistrial (hung jury). If a mistrial is declared, the judge may reschedule a new trial for a later date. If the jury finds the client guilty, it is then up to the judge to decide the sentence to be imposed. In death penalty cases, the jurors also participate in the sentencing. The jurors are presented evidence and arguments so they can make a recommendation to the judge to impose the death penalty or to sentence to life imprisonment.

A conviction could impact a person's ability to work, live in public housing or rent an apartment, and obtain college grants or scholarships. Read more about other consequences of a conviction.

 

Everyone convicted of a felony in Florida must submit their DNA to be added in the state’s DNA database.

 

Additionally, convicted felons lose access to certain federal benefits, the right to vote, serve in the military, own or possess a firearm, hold public office, serve on a jury and may have a difficult time obtaining a job because in Florida criminal court records are public records. In most cases, a convicted felon can apply to have his civil rights restored through the clemency process after completing the sentence.

 

If you are not a United States citizen, you may be deported as a result of being found guilty of committing a crime. Felony and misdemeanor convictions (and under some circumstances juvenile adjudications, or convictions), can be used to increase state and federal sentences.

 

Learn more about how to apply for clemency (mercy or leniency).