What to Expect at an Initial Appearance, Explained by Florida Criminal Defense Attorneys

When you or a loved one are arrested on criminal charges, the next steps can be overwhelming, and often confusing. The Gainesville criminal defense attorneys at Avera & Smith are here to provide clarity. In this article, we explain what you can expect from the time of arrest through the initial appearance, and the factors that determine whether that time is spent in custody or at home.

Initial Appearance Definition

After being arrested and charged, a defendant will have their initial appearance, also known as first appearance, in court. The purpose of the initial appearance is for the judge to review the submitted arrest report to see if probable cause exists for the arrest. Be aware that this is a very low standard and the defendant shouldn’t argue the facts of the case at the initial appearance. The initial appearance will be recorded and can be used against the defendant in further proceedings. 

What Are the Different Ways to be Taken into Police Custody in Florida?

The process by which a defendant was arrested will affect the processes leading up to the initial appearance. A person may be arrested:

• When a law enforcement officer witnesses a crime, or has probable cause to believe a person committed a crime
• At the scene of the incident or later after an investigation
• After a judge has signed a warrant for arrest based on an affidavit provided by law enforcement

Initial Appearance in Florida When Arrested by Warrant

When an individual is arrested by a warrant, the judge who signed the warrant will set what he or she believes is an appropriate bond.  The bond is a deposit of cash used to insure the attendance of the defendant at future court proceedings.  The defendant, or usually their family or friends, can post this amount with the court to secure the defendant’s release prior to the initial appearance. A bondsman can also be used to borrow the necessary amount. Once the case is resolved, the bond is returned to whoever posted it, minus any court fees.

If no bond is posted before the initial appearance, the defendant will remain in custody until they appear in front of a judge.  This is usually by way of closed circuit video or audio, although sometimes defendants are transported to the courthouse or the judge comes to the jail.  If the judge who issued the warrant signed it “subject to adjustment,” the judge presiding over the first appearance may change the bond on the arrest warrant (hopefully reducing it).

First Appearance in Florida When Arrested Without a Warrant

If a person is arrested without a warrant, no bond has been set in their case.  In some jurisdictions, the court has set up what is called a “bond schedule” that automatically sets a bond on many common offenses, such as theft and possession of marijuana.  If there is a bond schedule that applies to the charges for which a person is arrested, they can post bond before the first appearance, and be released. Alternatively, the defendant can wait for their first appearance and request a lower bond, and/or request a release on their own recognizance. Essentially, release on recognizance is a promise to come back to court without posting a bond.

It is also possible that at the first appearance the state attorney’s office requests a higher bond based on criminal history, prior failures to appear, and/or the facts of the case.

When is Release Before Initial Appearance Not an Option?

Some specific charges, such as DUI and domestic battery, have statutory required pre-trial release conditions, meaning that there is no pre-set bond schedule: the defendant cannot post bond and must remain in custody until attending their first appearance.

If the defendant is charged with certain specific, very serious crimes, or is arrested on a violation of probation, they can be held without bond and that will not change at their initial appearance.  Defendants in this situation must schedule a hearing in front of their trial judge to occur after the first appearance in order to request a bond.

How Long After Arrest will the Initial Appearance Occur?

If the defendant is in custody, the first appearance must occur within 24 hours of the defendant’s arrest. The office of public defender and the state attorney’s office must also be present at the first appearance. If the defendant has retained private counsel, their criminal defense attorney may be present to argue for conditions of release, including, but not limited to, bond or release on recognizance.

The Criminal Defense Attorneys at Avera & Smith are Here to Help

For over 65 years, the attorneys at Avera & Smith have been getting results for Floridians. We can help you get the best outcomes for your case, and explain every step of the process along the way. Contact us today for a free consultation with a criminal attorney in Gainesville, Florida.