I’ve Been Arrested – What Happens Next?

If you are in the unfortunate situation of being arrested and you have never been arrested before, it is likely you will have very little information or understanding about the process. Often times, this situation can be confusing. What will happen next? What steps are required of you? And most importantly, what are your rights? 

First Time Arrests and Misdemeanors

The good news is that on many simple misdemeanors, the officer may release you on scene with a Notice to Appear. Simple misdemeanors are crimes like petit theft or possession of less than 20 grams of marijuana. A Notice to Appear (NTA) informs you of the charge and requires your attendance in court at an arraignment within approximately fourteen days. If you receive a NTA, you should immediately contact a criminal defense attorney. By hiring an experienced criminal defense attorney, you will not need to attend the arraignment. 

For instances where the officer does not give you or offer a NTA, you will be arrested and taken to the county jail. These instances include felonies or any crime violent in nature, including domestic battery. An arrest only requires probable cause, a very low standard that is a very long way from a conviction. 

What Happens if I am Arrested in Florida? 

If you are arrested and taken to the county jail, in most county jails you are required to have your picture taken. This picture will become public record. You will also be fingerprinted, thoroughly searched, and dressed in jail-issued clothing. You will receive access to a phone. It is imperative that you do not talk about the case on the jail phone. This is because all conversations on a jail phone are recorded and the prosecutor will request and review the call. 

Depending on your charge and the county you are arrested in, you may be eligible for a release on your promise to come back to court if you have no prior criminal history.  That is the procedure in Alachua County, Florida. Other counties in Florida, like Marion County, have a set bond schedule for numerous offenses. A bond schedule gives you a set bond amount depending on the charge. If someone posts bond for you, or arranges a bondsman, you can be released from jail in a few hours. 

What is First Appearance?

If you are not eligible for a release, not subject to a bond schedule, or unable to post bond per the bond schedule, you will have your bond and bond conditions set at First Appearance. First Appearance is a preliminary appearance in front of a judge. Some jurisdictions do this through a closed circuit video between the jail and the courthouse. Other jurisdictions will bring you to the main courthouse or a specific courthouse designated for First Appearances. The purpose of First Appearance is for the judge to review the submitted arrest report to see if probable cause exists for your arrest. Be aware that this is a very low standard and you shouldn’t argue the facts of the case at First Appearance. First Appearance, like the phone calls from jail, are all recorded and will be used against you. The judge then sets what he or she believes is appropriate bond and/or release conditions. 

Posting Bond After Arrest

Monetary release, or bond, can be posted by anyone on behalf of the Defendant. If the bond amount is deposited or “posted” to the clerk’s registry, the Defendant is released and the bond is held until the case is over. When the case is over, through either a dismissal, plea, or conviction, the funds are then returned to the individual who posted the bond. Many jurisdictions will subtract any fines and court costs owed if there is a plea or conviction in the case. 

If a Defendant is not able to have someone post the full bond amount they can elicit the assistance of a bondsman, who usually charges ten percent (10%) of the total bond amount as their fee for posting the bond. A bondsman may also require a promissory note and/or collateral to ensure it can recover the funds posted should the Defendant fail to appear for court. Failure to appear in court can result in revocation of the bond and estreature, which is an order forfeiting the bond money posted.

Are There Cases Where I Will Not Need to Post Bond for Being Arrested? 

Under Florida law, there is a presumption of non-monetary release. This simply means the judge should start with the idea that a defendant should be released without having to post a cash bond. However, most judges impose a monetary or cash bond. Non-monetary release includes your promise to return to court. This release could include requirements to stay away from certain people or locations, requirements to report to Court Services for supervision, drug testing and/or treatment, and, in more serious cases, the possibility of a GPS ankle monitor. 

When is the First Appearance?

In most jails, if you are booked before 5:00am you should be added to the next First Appearance court docket, which usually takes place at 9:00am every morning. Some bigger jurisdictions have First Appearance more than once per day. If you bond out, either before or after First Appearance, it will take a least two hours for you to be released. In Alachua County, individuals who are released on non-monetary conditions at First Appearance usually do not get released from the jail until after 1:00pm.

Being Arrested Versus Being Charged

Just because you have been arrested doesn’t necessarily mean you have been formally charged with a crime. With the exception of certain driving-related criminal offenses, such as driving while license is suspended or revoked (DWLSR) or Driving Under the Influence (DUI), the state attorney’s office will decide what, if any, charges are appropriate after they have reviewed the case and spoken with any witnesses. It is for this reason that it is critically important to consult an experienced criminal defense attorney immediately after your arrest. 

Hiring a Criminal Defense Attorney After Being Arrested

Being arrested for the first time is a complicated and often frightening situation. A criminal defense attorney can help with any questions you may have about the process for your specific case. Criminal defense attorneys will review the facts, help gather evidence to support your case and ensure your rights are upheld. Should you have any questions on this topic or any other criminal issues, or would like to set up a free consultation, please don’t hesitate to call the criminal defense attorneys at Avera & Smith.