The special prosecutor in the Trayvon Martin shooting case has announced that she has filed a charge of second degree murder against George Zimmerman.
So, what did Special Prosecutor Angela Corey have to do legally to get here and what will happen next?
In Session's Beth Karas and Jessica Thrill break down the steps she took in order to file the charges and how the case will proceed from here.
Step 1 – Corey files an “information” with the court
An “information” is the official document that accuses him of the charge or charges.
Step 2 – Corey presents a judge with a probable cause package supporting the crimes charged in the “information”
The judge will then decide if there is probable cause based on the information Corey submits.
The judge will only authorize an arrest if he/she finds probable cause. In Florida, probable cause means that the facts and circumstances would lead a cautious person to believe that there’s a “reasonable ground of suspicion” that a particular person is guilty of a particular crime.
Step 3 – Once Zimmerman is arrested, he will have a “first appearance” before a judge
The judge will read Zimmerman the charges.
The judge will address Zimmerman’s right to counsel.
The judge will set bond. Among the factors the judge will consider in setting a reasonable bond are whether Zimmerman is a flight risk and a danger to the community.
Step 4 – Arraignment
The arraignment will likely happen within two to three weeks of the arrest and will be in open court.
Zimmerman will be arraigned and must enter a plea on the charges, most likely “not guilty” (at this stage, defendants almost never plead guilty)
Often the defendant will waive his appearance at the actual court hearing. The attorney can enter a written plea of not guilty on the defendant’s behalf.
Step 5 – Defense files a motion to dismiss based on Florida's “stand your ground” law
If Zimmerman is charged, he is entitled to a pre-trial evidentiary hearing on whether he is entitled to the immunity based on the law.
The burden at that hearing is on the defense to prove by “a preponderance of the evidence” (more likely than not) that Zimmerman was justified in using deadly force.
In Florida, an individual can use deadly force anywhere (with no duty to retreat) as long as he/she:
is not engaged in an unlawful activity;
is being attacked in a place he/she has a right to be; And
reasonably believes that his/her life and safety is in danger.
The judge decides whether Zimmerman’s actions were justified, and therefore entitles him to the “stand your ground” immunity.
If the judge finds the force was justifiable, then the charges are dismissed and Zimmerman is immune from further criminal prosecution and possibly, civil liability.
If the judge finds the force was not justifiable, then the charges against Zimmerman move forward.
If the judge rules Zimmerman is immune, the prosecution can appeal that decision to a higher court.
Step 6 – Pre-trial
Both the prosecution and defense could file a slew of pre-trial motions in the case that deal with anything and everything from turning over documents and evidence to keeping certain evidence out at trial. It is just too early to tell.
Step 7 - Trial
Zimmerman is charged with murder in the second degree.
Florida law describes murder in the second degree as an act that is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
is done from ill will, hatred, spite, or an evil intent, and
is of such a nature that the act itself indicates an indifference to human life.
In Florida, a charge of murder in the second degree carries a maximum sentence of life in prison. Florida does not offer the chance for parole. The sentence would however take into account several mitigating and aggregating factors.
