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1st Appearance and Bond Procedure Overview
What Happens During a First Appearance in Florida?
Following a Florida arrest, the next step in the judicial process is a first appearance.
As Gainesville Defense Attorney Matt Landsman explains, the first appearance (also sometimes referred to as an arraignment) is a brief hearing at which the Judge determines if the is probable cause of the charge alleged, informs the Defendant of his rights, and determines if the Defendant is to be held in jail and if so on what conditions if any. The Defendants are informed of:
This is typically announced to an entire group of Defendants all at once, so it is not uncommon for people after the fact to have no memory of what was said or simply couldn’t hear since jails can be somewhat noisy and the whole experience goes by very quickly.
Each case is then called in order, normally alphabetically, and the judge will look at the probable cause and ask if either party has any objections or something to add. The probable cause is a short written summary of the police officers report summing up the factual allegations against the Defendant. This is also when the court can set bond and stipulate any special conditions for pretrial release.
The Court will determine if the Defendant should be held with no bond, or be released with conditions. If the Judge decides a bond is appropriate, the amount will be set right then. If there are any family or friends present they can testify and can provide valuable assistance in confirming the Defendant’s ties to the community, work history, or any other fact which would be helpful in arguing a Defendant is of good character and less of a danger or flight risk.
Start to finish, a person’s first appearance usually takes 15 minutes at most.
A Florida defendant’s right to a first appearance is spelled out in Florida Rule 3.130, and if the Defendant is entitled to pretrial release the controlling rule is 3.131. Some charges will qualify for pretrial release while others may not, which is largely governed by statute and specific circumstances in your case. The primary statute which controls this area of procedure is F.S. 907.041(pretrial detention and release). If someone is not entitled to pretrial release, that means the judge may still consider releasing the Defendant on bail, and the governing law is found in 903.046 (Purpose of and criteria for bail determination).
Some jurisdictions will transport defendants from the jail to the court for their first appearance, but most likely Defendants will be held in jail in a video conferencing hearing room, while the judge and attorneys, and any family or witnesses will be at the courthouse.
How Do I Know if I’m Eligible for Pretrial Release at 1st Appearance and Bond Amount if Any?
There is a legislative presumption in favor of releasing Florida criminal defendants from jail on non-monetary conditions. In fact, there are many crimes for which the accused can expect to be arrested, booked, and bonded out of jail on their own recognizance within a few hours, however this is not typical in most areas in the eighth judicial circuit, where it is more common to have to wait until first appearance, then after the preceding post bond, which in total can take up to day depending on when you were originally arrested. To learn more about what you might expect at first appearance you should contact an experienced lawyer who can increase the likelihood of being released or getting the lowest bond possible under the circumstances.
Sometimes the judge will order release with additional conditions which you must follow while waiting for trial or resolution of your case. Some of the special conditions commonly ordered:
Note: failing to follow the Courts orders will get you thrown back in jail.
Preparing for First Appearance on a Serious Charge
For many crimes, you cannot expect to be released on non-monetary conditions because according to the rules of pretrial release dangerous crimes are excluded. 1st appearance and bond rules can be particularly complicated if you are charged with a dangerous crime. And the definition of dangerous crime is broader than most people think and it includes:
“A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.”
With that in mind, when planning on going to your first appearance you need to think about it ahead of time and be ready to help your attorney under the circumstances. That means navigating a stressful event without making the situation any worse, which does happen. 1st Appearance and bond determination can be challenging for any practitioner, so make sure your attorney is well experienced in this area.
The last thing you want to display to the court is a short fuse and leave a bad impression. You can’t convince people you are innocent and make everything go away at a first appearance. Trials are for arguing facts, not first appearance and bond. The Defendant is the least informed person at this Court event (they don’t even get a copy of the probable cause affidavit), and you have to trust that your attorney can speak for you and maximize your chances. ends in your region.
If you have been arrested, charged, or had a sworn complaint filed against you in Gainesville, Alachua County, or anywhere in Central or North Florida call experienced defense attorney Matt Landsman for a free consultation. 1st Appearance and bond is a daunting thing to confront without expert legal advice and assistance.
Have you been accused of a crime in Gainesville or North Florida and have questions about 1st appearance and bond? Call or contact us online to schedule a free consultation in Gainesville Florida.