When someone is arrested in Florida, their first appearance can be very important, as during this hearing, important decisions are made, such as determining bond amount and other bond conditions are set. Having a lawyer present at this early stage is crucial to protecting your rights and securing the best possible outcome for your case.
At first appearance in DUI cases, the Judge will decide if a scram device will be part of bond conditions. This is a very expensive conditions and comes with a lot of rules and restrictions. Similarly, in domestic battery cases, the Judge will determine if a no contact order is necessary.
What Happens at a First Appearance?
Under Rule 3.130 of the Florida Rules of Criminal Procedure, the defendant must be brought before a judge within 24 hours of arrest. At this hearing, the judge will:
- Inform the defendant of the charges they are facing.
- Determine whether probable cause exists for the arrest.
- Set conditions for pretrial release, including among others bond, and other conditions such as: contact, scram, drug patch, and GPS monitoring.
A judge may also address the defendant's right to an attorney and, if the defendant cannot afford one, appoint a public defender.
Why Having a Lawyer at First Appearance is Important:
- Pretrial Release Decisions One of the most important aspects of a first appearance is the judge’s decision on the amount of bond and other conditions.
- An experienced attorney can argue for a lower bond amount or more favorable conditions, pointing to factors such as:
- Ties to the community (e.g., employment, family).
- Lack of prior criminal history.
- The non-violent nature of the alleged offense.
- alleged victim's position, if known.
- For example, in a misdemeanor case like simple battery or petit theft, which are common non-violent offenses in Florida, a lawyer can argue that the defendant poses no significant threat to the community, warranting release on their own recognizance (ROR), which means no monetary bond is required.
- Challenging Probable Cause At first appearance, the judge also decides whether probable cause exists to justify the arrest. Without a lawyer, you may miss an opportunity to argue that the arrest lacked probable cause and at the minimum argue for a reduction in bond.
- Avoiding Self-Incrimination Many defendants, unfamiliar with legal proceedings, inadvertently say things that can hurt their case during their first appearance. Without legal counsel, you may be tempted to explain your side of the story or speak to the judge without fully understanding the consequences. Anything you say can be used against you later in court.
An attorney will advise you to exercise your right to remain silent and handle any communication with the court, ensuring that you don’t unintentionally incriminate yourself. - MOST IMPORTANTLY: Preventing Plea. Defendants in misdemeanor cases will be offered a plea deal or encouraged to plead guilty or no contest at first appearance. This happens frequently in misdemeanor cases such as petit theft, possession of marijuana, DUI or disorderly intoxication. Without understanding the long-term consequences, you could accept a plea deal that results in:
- A criminal record, which could affect employment, housing, and future legal issues.
- Probation or other penalties that could have been avoided with proper representation.
- waive rights to important defenses.
- A lawyer will advise you against making hasty decisions and will help explore all available defense strategies before you enter any plea.
Contact Mesic Law for Representation at Your First Appearance
At Mesic Law, we understand that your first appearance can set the tone for the rest of your case. Having an experienced attorney by your side ensures that your rights are protected from the very beginning. Whether you’re facing a misdemeanor or more serious charges, we’ll be there to advocate for your release, challenge the prosecution’s case, and guide you through the complexities of the legal process.
If you or a loved one has been arrested, don’t face the first appearance alone. Contact Mesic Law today for a consultation and let us help you navigate the Florida criminal justice system.