Advisory Hearing

Florida Rule of Criminal Procedure 3.130(a) establishes that except when previously released in a lawful manner, every arrested person must be taken before a judicial officer—either in person or by electronic audiovisual device in the discretion of the court—within 24 hours of his or her arrest.

The chief judge of the circuit for each county within the circuit must designate one or more judicial officers from the circuit court, or county court, to be available for the first appearance and proceedings, which must be attended by the state attorney or an assistant state attorney and public defender or an assistant public defender.

An alleged offender’s first appearance in a criminal case is also referred to as an advisory hearing. A judge will inform the individual of his or her rights and set an appropriate bond based upon the evidence presented. A criminal defense lawyer may be able to get an alleged offender released on his or her own recognizance, also known as an ROR bond.

Attorney for Advisory Hearings in St. Petersburg, FL

If you or your loved one were arrested in the Tampa Bay area, it is in your best interest to make sure that you have legal counsel before making your first appearance. Morris Law Firm, P.A. defends clients accused of various kinds of criminal offenses in Dunedin, Clearwater, Largo, Pinellas Park, and several surrounding areas of Pinellas County.

Melinda Morris is a skilled criminal defense lawyer in St. Petersburg who also has experience on the other side of the aisle as a former felony prosecutor for the State Attorney’s Office in Pinellas County.

Call (727) 592-5885 right now to have our attorney review your case and discuss all of your legal options during a free, confidential consultation.

Overview of Advisory Hearings in Florida

• What happens during an alleged offender’s first appearance?
• How is a person’s bond amount determined?
• Where can I find more information about advisory hearings in St. Petersburg?

Pinellas County Advisory Hearing Procedures

Under Florida Rule of Criminal Procedure 3.130(b), judge shall immediately inform the defendant of the charge, including an alleged violation of probation or community control and provide the defendant with a copy of the complaint. The judge shall also adequately advise the defendant that:

• the alleged offender is not required to say anything, and that anything the alleged offender says may be used against him or her;

• if unrepresented, that the alleged offender has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed; and

• the alleged offender has a right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so.

Administrative Order Number 2006-097 PA/PI CIR states that at the beginning of each first appearance (advisories), the presiding circuit judge or county judge will provide an initial advisement to all arrested persons pursuant to Florida Rule of Criminal Procedure 3.130(b). The judge will then conduct a probable cause determination.

If a judge finds there was no probable cause, the alleged offender may be issued an ROR bond. When probable cause is established, the judge will decide an appropriate bond amount.

Advisory Hearing Bond Schedule in St. Petersburg

Administrative Order Number 2010-041 PI-CIR establishes the following ranges of bonds to be used for new criminal offenses in Pinellas County (although certain exceptions exist for many categories except for capital felony and municipal ordinance violations, many detailed in Attachment A at the bottom of the Administrative Order):

The Pinellas County Uniform Bond Schedule also establishes that the bond is automatically none for capital crimes, and an alleged offender is to be held with no bond until his or her first appearance hearing before the judge for the following:

• Domestic violence, Florida Statute § 741.28;

• Non-domestic stalking, Florida Statute § 784.048(2)

• Any violation of a domestic violence injunction, Florida Statute § 741.30(9)(b);

• Any violation of an injunction for dating, repeat or sexual violence, Florida Statute § 741.30(9)(b);

• Any violation of pretrial release where the original arrest was for an act of domestic violence, Florida Statute § 741.29(6);

• Any arrest where the crime charged is a violation of Chapter 874 of the Florida Statutes (otherwise known as the Criminal Gang Prevention Act) or alleged to be subject to enhanced punishment under Chapter 874 of the Florida Statutes; or

• Any arrest for burglary during a state of emergency in the county, Florida Statute § 810.02.

Judges have the power to raise or lower bond amounts are advisory hearings. A St. Petersburg criminal defense lawyer can attempt to get your bond reduced or possibly have you released on ROR if police did not have probable cause.

Advisory Hearing Resources in Florida

Sixth Judicial Circuit of Florida — Florida is divided into 20 judicial circuits, and circuit courts are referred to as courts of general jurisdiction at which most criminal and civil cases originate. Some circuits are limited to single counties, but most circuits cover multiple counties. The Sixth Judicial Circuit has general trial jurisdiction over matters in Pasco County and Pinellas County. All cases filed in these two counties are assigned to one of nine different court divisions.

Jail | Pinellas County Sheriff’s Office — The Pinellas County Jail is the only jail in the county and serves all law enforcement agencies, with an average daily population of more than 3,000 inmates. Visit this website to learn more about the jail, inmate services, and how to post bond. The Property & Evidence section of the website discusses firearms release procedures and unclaimed found property or unclaimed evidence procedures.

Find an Advisory Hearing Defense Lawyer in St. Petersburg, FL

Were you or your loved one arrested anywhere in the Tampa Bay area? Make sure you contact Morris Law Firm, P.A. before your first appearance.

St. Petersburg criminal defense attorney Melinda Morris represents residents of and visitors to Hillsborough County, Manatee County, Sarasota County, Pasco County, and Pinellas County. You can have our lawyer provide a complete evaluation of your case when you call (727) 592-5885 or fill out an online contact form to set up a free initial consultation.