OVER VIEW OF ARREST
Each and every county in Florida; Palm Beach, Broward, Martin, St. Lucie, Okeechobee, Dade, has a chief prosecutor titled State Attorney. Each State Attorney has many Assistants working under him. The State Attorney Offices are in charge of prosecuting all criminal offenses that occur within their prospective counties. The State Attorney is within the Executive Branch of Government.
The State Attorney may charge a criminal defendant with an accusation of a crime in one of two ways: (i) filing and information or (ii) impaneling a grand jury to return a true bill. It is important to remember that Law Enforcement Officials cannot charge someone with a crime; they only have the ability to arrest. Only the State Attorney or his Assistants may charge someone with a criminal case.
In Florida, however, a Law Enforcement Officer such as: a Deputy Sheriff, Florida Highway Patrol and local law enforcement officers-Boca Raton Police Department, Lantana Police Department, North Palm Beach Police Department, Stuart Police Department, Hollywood Police Department and so on, may arrest and individual. In Florida, an arrest may actually occur in two distinct ways: (i) the defendant is placed in handcuffs and booked or (ii) the defendant is given a Notice to Appear.