What happens after an arrest? Will I remain in Jail? These are common questions first asked of me when I have a client, prospective client or the accused’s family contact my office.
Generally speaking, once arrested the individual will not be require to sit in jail for an extended period of time without an opportunity for release. Persons who have been arrested will generally be taken before a judge the morning after arrest(or within 24 hours after the arrest) for first appearance. It is at first appearance where the presiding judge will make a probable cause determination and determine whether the individual is entitled to be released from incarceration.
At the individual’s first appearance, the presiding judge will determine if the individual arrested shall be entitled to pretrial release (or bail). Bail is any of the following forms of release (or any combination) issued by the judge:
– personal recognizance of the individual arrested;
– executing an unsecured appearance bond in an amount set by the judge;
– placing restrictions on travel, association, or place of abode of the individual;
– executing a bail bond (cash or surety);
-and any other condition considered reasonably necessary to assure the individual’s appearance in court.
In determining whether or not to release an individual the court may consider:
– the nature and circumstances of the alleged criminal offense (and the corresponding penalty for that offense)
– the weight of the evidence;
– individual’s family ties to the community;
– length time the individual has resided in the community;
– employment history of the individual;
– financial resources of the individual;
– past and present conduct of the individual (including previous failures to appear, convictions);
– the individual’s need for substance abuse or mental health treatment;
– the probability that the individual’s release may pose a danger on the community;
– and any other facts the court may consider to be relevant.
The purpose of bail or pretrial release is to secure the presence of the individual at all future proceedings. No person charged with a dangerous crime identified in 907.041 (e.g. aggravated battery, burglary of a dwelling, robbery, sexual battery…just to name a few), Florida Statutes, is entitled to nonmonetary conditions of release, except for a narrowly tailored exception.
Once conditions for pretrial release have been set at first appearance, the individual may also ask the court to modify the previously imposed conditions as well. One common scenario often modified is modifying “no contact with a victim” to “no violent contact” or “no unlawful contact”.
If you are seeking to modify pretrial release conditions or have a friend of family member who has been denied pretrial release at first appearance in Walton County, Okaloosa County, Destin, Fort Walton Beach, Santa Rosa Beach, DeFuniak Springs or anywhere in Northwest Florida , feel free to contact this DeFuniak Springs Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.