Once a person is arrested, they will have to endure the legal criminal process. The process is often lengthy and complicated and to reduce a person’s risks of being unjustly charged, they should make sure they speak with an attorney who specializes in dealing with criminal cases.
The first hearing that a person attends after their arrest is termed as the magistrate court or the first appearance. This hearing is held within 24 hours of being arrested and the judge will formally read out the criminal charges that are being laid against the person. A prosecutor will also likely read out a person’s criminal history and any previous instances in which a person failed to appear in court.
There are three main purposes to magistrate court. The first one is to set a bond based on how much of a danger a person is to the community and how likely it is that a person will appear for future court dates. If it is deemed that a person is at high risk of escaping or at high risk of harming others around them, then they may not even be given a bond and may have to spend their waiting period behind bars.
The second main purpose of this initial hearing is to consider the charges and understand the case by reading a person’s criminal history and previous times they did not appear in court. The third factor addressed is whether the individual should require an electronic monitor or have other conditions placed on them based on the charges being made against them.
What happens right after arrest in Fort Myers, Florida?
Anyone who is arrested will likely be brought to the local county jail to have the arrest processed. However, if a person is arrested for a smaller misdemeanor crime this may be skipped, and a person may just receive a notice to appear. This is called a written arrest and it is a summons to appear before a judge at a specified date and time. The point of the initial screening is to get all the biographical and personal information regarding a person so they can determine whether the individual has a criminal history.
If a person is facing arrest, they should connect with a criminal defense lawyer as soon as possible. They should only give away the required information and speak the facts to officers until they have an attorney on their side guiding them through the process.
Get in touch with a criminal defense attorney at the Law Office of Robert Foley today.
Reach us at:
2259 Cleveland Ave,
Fort Myers, FL 33901