What Happens at a Pretrial Hearing for Third-Degree Felony Fraud Charges in Florida?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I have two third-degree felony charges and one misdemeanor charge for fraud. The alleged crimes occurred in October, and I have a pretrial court date set for August tenth.
The alleged crimes occurred october, and I have a court date set for august tenth.For pretrial.
Attorney Answer
With a pretrial hearing on August 10, the most useful thing you can do right now is get a criminal defense attorney in place before that date rather than try to navigate it alone.
In Florida, a third-degree felony carries a maximum penalty of up to 5 years in prison and up to a $5,000 fine (Fla. Stat. § 775.082; Fla. Stat. § 775.083), though the actual outcome in your case depends heavily on the specific fraud statute charged, your record, and the amount of money or property involved. A misdemeanor fraud charge carries a much lower maximum, typically up to a year in jail or less depending on the degree. Facing two felonies and a misdemeanor together means the felony exposure is what should drive your strategy, since it carries the most serious potential consequences.
A pretrial hearing is generally where the court checks the status of the case, sets or confirms future dates, and where plea discussions often begin. It is not a trial and you are not expected to prove anything there, but decisions made or discussed at it can shape how the rest of the case goes.
What you can do before August 10
1. Contact a Florida criminal defense attorney as soon as possible. Many will make time for a case with an imminent court date. 2. Ask your attorney about pretrial intervention or diversion programs (Fla. Stat. § 948.08), which can lead to charges being dismissed after successful completion for qualifying first-time or lower-level offenses. 3. Gather any documents related to the alleged fraud, including anything showing your side of events, and bring them to your attorney rather than discussing them with police or prosecutors directly. 4. Appear at the hearing regardless of whether you've secured an attorney by then, since missing it can result in a warrant.
Fraud charges hinge heavily on the specific facts, dollar amounts, and intent involved, all of which need individual review. This is general legal information, not legal advice, and a local Florida criminal defense attorney can review the actual charges against you and advise on your best options before the hearing.
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Frequently Asked Questions
What's the difference between a third-degree felony and a misdemeanor in Florida?
A third-degree felony is more serious and can carry up to 5 years in prison and a $5,000 fine, while a misdemeanor carries much shorter potential jail time, generally up to a year or less. The specific fraud statute charged determines which category applies to each count.
Do I need to say anything at the pretrial hearing?
Usually not much. Pretrial hearings mainly address scheduling and case status, and your attorney typically speaks on your behalf, though you should still attend and be on time regardless.
What is pretrial intervention and could I qualify?
It's a Florida program that can let certain first-time or lower-level offenders complete conditions, like classes or restitution, in exchange for the charges being dismissed. Eligibility depends on your record and the specific charges, which your attorney can check.
