After a criminal arrest, a defendant must be seen at a First Appearance Hearing (also called Advisory Hearing) within 24 hours under Florida’s Rules of Criminal Procedure if they have not already posted a bond and have been released.
If the defendant has not posted bond, or in the case of a domestic related offense (domestic battery, stalking, violation of injunction, or a violation of pre-trial release) the defendant must be seen at an Advisory Hearing (also known as a First Appearance Hearing) before a judge.
So what happens at a First Appearance / Advisory Hearing and why do you need an attorney there?
There are six issues addressed at a First Appearance / Advisory Hearing:
#1 - Advising the Defendant of their Constitutional Rights
A Defendant must be advised of their constitutional rights including:
The right to remain silent and the fact that anything the defendant says may be used against them.
The right to an attorney and if unable to afford an attorney that the Public Defender will be appointed.
The right to communicate with counsel, family, or friends, and if necessary, the Defendant will be provided reasonable means to do so.
Why you need an attorney at the First Appearance / Advisory Hearing:
If the Defendant does not understand their rights, is physically ill, mentally ill, or under the influence of drugs or alcohol an attorney can properly advise or intervene on behalf of the Defendant.
#2 - Advising the Defendant of the criminal charges
A Defendant must be provided a copy of the Complaint / Arrest Affidavit (as it is called in Pinellas County) or the Criminal Report Affidavit (CRA) (as it is called in Hillsborough County).
The First Appearance / Advisory Judge should then make the Defendant aware of the charges contained in the arrest affidavit.
Why you need an attorney at the First Appearance / Advisory Hearing:
An attorney can properly explain the nature of the charges and the Florida Statute under which the Defendant was charged.
#3 - Determining the issue of counsel for the Defendant
The First Appearance / Advisory Judge should determine if the Defendant wants an attorney and if they are able to afford an attorney if the Public Defender should be appointed if the Defendant is found to be indigent (unable to afford to hire a lawyer based on income).
Why you need an attorney at the First Appearance / Advisory Hearing:
An attorney present at the First Appearance / Advisory can enter a Notice of Appearance on behalf of the Defendant. An attorney present at the First Appearance / Advisory also has an opportunity to confer with the Defendant before the proceeding.
#4 - Determining If Probable Cause exists for the arrest
The First Appearance / Advisory Judge must determine whether there is probable cause for the arrest. The Judge makes this determination by reviewing the arrest affidavit. The Judge can also take into consideration an affidavit, deposition under oath, or testimony under oath.
Probable cause is generally defined as a reasonable person’s belief that crime has been committed or a law violated.
Why you need an attorney at the First Appearance / Advisory Hearing:
An attorney may object and present arguments that the arrest affidavit does not establish probable cause for the arrest. Arguments relating to the statute (law) and elements of the crime not being properly established may be asserted.
#5 - Setting Conditions of Release
The First Appearance / Advisory Judge should set conditions of release. This may include releasing the Defendant from custody on bond (monetary bail) or on supervised or unsupervised release on own recognizance (SROR or ROR).
Determinations as to contact with the alleged victim are also determined by the Judge.
The Judge may set additional conditions of release including a Continuos Alcohol Monitor (CAM) for where the influence of alcohol may have been a factor in the offense, a Global Positioning System (GPS) Monitor to ensure no contact with the victim or house arrest, as well as other conditions such as no firearms or ammunition, no alcohol, bars or clubs, or not being able to leave the County of the arrest.
Why you need an attorney at the First Appearance / Advisory Hearing:
An attorney may provide arguments to address bond, issues of contact with the victim, travel, and attempt to avoid additional conditions such as CAM and GPS monitors.
#6 - Setting an Arraignment Date
The First Appearance / Advisory Judge should set an Arraignment Hearing.
Depending on the County of the Defendant’s arrest an Arraignment Hearing may not be set until the State Attorney files a formal criminal charge in the case.
If you have been arrested for a criminal offense of any type, call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation at the First Appearance / Advisory Hearing. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.