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What happens when someone is arrested?

How does bond get set?

What happens if I have a warrant?

When a person is arrested for a criminal offense, the law requires that they be brought before a judge within 24 hours. This is referred to as “Magistrate Court.”

Magistrate Court exists for one reason and one reason only – TO PROTECT YOUR LIBERTY!

That is why hiring a good lawyer from the beginning is so important!

Errors made at this stage will directly impact whether or not you are released from jail while your case is pending.

During your first appearance, a magistrate judge will briefly review the prosecutor’s case to determine if there is probable cause to detain you. This is not a trial and the judge will not conduct an in depth analysis of whether you are guilty or innocent. However, if the judge finds that there is no probable cause, the prosecutor is then given a maximum of 48 hours to provide the court with additional information and correct the problem.

For example, if a person is arrested for possession of cocaine, but the alleged cocaine was never chemically tested to determine if it is in fact real cocaine, then the prosecutor will be given up to 48 hours to test the substance and bring the results back to court.

If the magistrate judge decides that probable cause does exist, he or she will then address your bond status.

According to Florida Law, every person arrested for a crime is entitled to a reasonable bond, UNLESS they are accused of a “life felony” or were arrested on a warrant, such as a warrant for failing to appear in court or for violating probation. People arrested due to outstanding warrants are not eligible for bond, especially on violations of probation.

When setting bond, the magistrate judge will consider the following three main factors:

1. The nature of the alleged crime.
2. The possibility that the defendant is a flight risk.
3. Whether or not the defendant is a danger to the community.

If you are accused of a “life felony,” you must request an “Arthur Hearing” from your division judge. During an Arthur Hearing, the prosecutor is required to establish that proof of the crime is “evident” and the presumption of guilt is “great.” This is the highest evidentiary standard in our legal system and is even higher than “reasonable doubt.”

If the prosecutor is successful, then the judge has the discretion to either set bond or to deny bond. If the prosecutor is not successful, then the defendant must be released immediately. When setting bond on a life felony, the division judge will consider the same three factors as noted above.

Once bond is ordered by the court, it is up to you to post the bond or to hire a bail bondsman to post it for you. You will not be released until the bond is posted and any other preconditions of release are satisfied.

954-812-4225 / 888-888-7803

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