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I have been arrested…what do I do next?

By on Feb 21, 2015 in Criminal Blog | 0 comments

I have been arrested! What do I do next?Add New

You should contact an attorney as soon as possible! Don’t make any statements or talk to anyone about your case while you are detained. A lawyer will review the circumstances with you and help you navigate your release either by bond or through Pretrial Release Services (PTS).

What happens next?

Within 24 hours of your arrest, the court will hold a first appearance in court. If detained, you will likely appear by video from the detention center. If you are released, you may attend court or, if you have retained an attorney,  your attorney may appear on your behalf.  The purpose of the first appearance hearing is that the court will advise you of the charges and set bond and/or release to pretrial services. .

To arrange a bond through a private bondsman, you must contact the bondsman by telephone and arrange to pay the requested bond amount.Or, if you can afford it, you can pay the total amount of the bond to the clerk of the court. This is called a cash bond. The purpose of the bond is to insure that you will return to court and participate in the proceedings to the resolution of the case.

Can I be released any other way?

In Florida, some counties have a Pretrial Services (PTS) program. PTS interviews persons and reports to the court whether defendants are eligible for pretrial release without paying a bond or cash bond to the clerk of the court. PTS is available in Monroe County, Florida. Prior to the first appearance, a PTS representative will contact you in the detention center and find out whether you meet statutory criteria for release.  If you meet the requirements, which usually includes, nature and circumstances of offense,  ties to the community, employment and  prior criminal history, then the judge may allow you to be released pretrial services without paying a monetary fee. This means that you must report to pretrial services usually by telephone during the month and follow whatever other conditions are placed on your release. After you are released from the detention center then you can meet with your attorney and go from there.

What happens if I am not given a bond by the Court?

You can ask your attorney to file a motion to set bond. Eligibility for bond is based on certain statutory criteria. Your attorney can go to court and argue for setting a reasonable bond and, if necessary, arrange witnesses to appear on your behalf . It is possible that the Court will deny bond based on the charges, flight risk and your prior criminal history.

 

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