First Appearance: So Much To Do, So Little Time

A person who has been arrested has to go to court within 24 hours for their first appearance. The judge tells them what they are charged with and if they have to pay bail. Even though it may seem simple, what happens at this hearing can affect the rest of the case. It’s important for lawyers to be prepared for these hearings. If someone is charged with a crime and can’t afford a lawyer, the court has to appoint one for them. The court can’t just automatically appoint a lawyer for everyone. The person who is charged also has to ask for a lawyer themselves. Just having a lawyer appointed without the person asking for one doesn’t automatically protect their rights. When a person is appointed a lawyer for a specific offense, that lawyer only represents them for that offense. This means that the person can be questioned by the police for a different offense, even if they have a lawyer for the first offense. However, the new offense must be completely unrelated to the first one. The person cannot simply refuse to talk to the police by saying they have a lawyer; they have to do it at the right time. When a person is arrested, they have the right to have a lawyer at their first court appearance, and the state cannot take any actions that could help their case before that. The judge will also decide if the person can be released before their trial and what conditions they must follow. If a judge has already set a bond for the person, there is some disagreement about whether the first appearance judge can change it. There is a debate among different district courts about whether a person who violates their pretrial release conditions should be given a new bond. The Fourth District Court says they should, unless they purposely didn’t show up to court. But the Third District Court says it’s up to the judge. A new law says that if a person commits a new crime while on pretrial release, they can be held in jail before trial. In domestic violence cases, the defendant may not be released on bond right away. The magistrate will consider the safety of the victim and others before setting a bond amount. They will also consider the defendant’s financial situation. It’s important that the bond amount is not set too high, because that would be like not setting a bond at all. When a judge sets a bond for a defendant at their first appearance, it can only be increased if there is new information or a change in circumstances that the judge didn’t know about before. For example, a judge can’t increase a bond just because the defendant has a previous record or because of new evidence like pictures of a victim’s injuries. They also can’t revoke a bond for a serious crime without a good reason. In Florida, a judge can decide to keep a person accused of a crime in jail before their trial, even if they could usually be released on bond. This decision is based on a motion filed by the prosecutor, and the judge has to schedule a hearing within five days. The judge also has to decide if there is enough evidence to keep the person in custody, based on the information in the arrest affidavit. If there isn’t enough evidence, the person can be released. But the judge can’t dismiss the charges just because there isn’t enough evidence. First appearance hearings are important because they can affect the outcome of a criminal case. The magistrate has the power to accept guilty pleas and sentence defendants for minor crimes. This can help clear the jail of people being held for things like drinking too much or trespassing. But there are risks, like the state wanting to enhance charges for repeat offenses. It is important for the prosecutor to object to the court taking guilty pleas for more serious crimes. Overall, first appearances need to be taken seriously and prepared for in order to ensure justice is served. This column is from the Criminal Law Section, with Harvey J. Sepler as the chair and Randy E. Merrill as the editor. The column is about upholding the principles of duty and serving the public, improving the justice system, and advancing the science of law. It’s basically about the important values and goals for lawyers in Florida.

Source: https://www.floridabar.org/the-florida-bar-journal/first-appearance-so-much-to-do-so-little-time/