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This is how Miami-Dade County Courts works | Francisco Baeza Errazuriz

  • Writer: Francisco Baeza Errazuriz
    Francisco Baeza Errazuriz
  • Aug 29, 2024
  • 2 min read

The process in Miami-Dade County Courts generally involves several steps, depending on the type of case (criminal, civil, family, etc.). Here's a general overview of how the process might work for different types of cases:


### 1. **Filing a Case**

- **Civil Cases:** You begin by filing a complaint or petition with the court. This could be for disputes like small claims, landlord-tenant issues, or other civil matters.

- **Criminal Cases:** The process starts with an arrest, after which the State Attorney's Office decides whether to file charges. The defendant is then formally charged through an arraignment.


### 2. **Service of Process**

- Once a case is filed, the other party (the defendant in civil cases) must be served with a copy of the complaint and a summons to appear in court.


Francisco Baeza Errazuriz , hermanos baeza, corte, court, explanation
"The process in Miami-Dade County Courts generally involves several steps".- Francisco Baeza Errazuriz


### 3. **Pre-Trial Proceedings**

- **Civil Cases:** Both parties may engage in discovery, where they exchange information and documents. There may be pre-trial motions, hearings, or settlement discussions.

- **Criminal Cases:** This stage includes arraignment, bond hearings, discovery, plea bargaining, and pre-trial motions.


### 4. **Trial**

- If the case is not resolved through settlement (in civil cases) or a plea deal (in criminal cases), it proceeds to trial. The trial can be before a judge (bench trial) or a jury.

- **Civil Trial:** Both sides present their evidence and arguments. The judge or jury then decides the outcome.

- **Criminal Trial:** The prosecution presents its case, followed by the defense. The jury then deliberates and returns a verdict.


### 5. **Post-Trial Proceedings**

- **Civil Cases:** The losing party may file post-trial motions or an appeal. The winning party may seek to enforce the judgment.

- **Criminal Cases:** If convicted, the defendant can appeal the verdict. If acquitted, the defendant is released.


### 6. **Appeals**

- Either party can appeal the court's decision to a higher court if they believe there was an error in the trial or legal process.


### 7. **Specialized Courts**

- Miami-Dade County also has specialized courts, such as Drug Court, Domestic Violence Court, and Mental Health Court, which handle specific types of cases with tailored processes.


### 8. **Family and Probate Cases**

- Family cases (e.g., divorce, child custody) follow a similar process but often involve mediation and other family-focused services.

- Probate cases (e.g., wills, estates) involve a process of validating wills, paying debts, and distributing assets.


### 9. **Accessing Court Records**

- Miami-Dade County has an online portal for accessing court records, scheduling hearings, and checking the status of a case.


### 10. **Self-Representation**

- If you're representing yourself (pro se), the court offers resources, but you'll need to follow the same procedures as attorneys.


The process can vary based on the specifics of the case, so it’s advisable to consult with an attorney or use the resources provided by the court to guide you through it.

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