Being arrested for the first time is frightening, especially when you don’t know what comes next. In Florida, an arrest usually starts a fast moving process. If you remain in custody, Florida generally requires a first appearance before a judge within 24 hours of arrest. The judge explains your rights and addresses pretrial release. After a warrantless arrest, a judge must also generally review probable cause within 48 hours if you remain in custody.
At Absolute Law, Fort Myers criminal defense attorney Anthony Melchiorre helps people facing their first arrest understand what’s happening and protect their rights from the very beginning. Whether you were just released or a loved one is still in custody, getting guidance early can make a real difference. Contact Absolute Law at 239-ANTHONY for a free consultation.
What Happens After You Get Arrested: The Road From Arraignment to Resolution
After the initial steps of booking and first appearance, a typical Florida criminal case moves through several stages. The State Attorney’s Office reviews the arrest and decides whether to formally charge you, usually by filing a document called an information.
Next comes arraignment, where you’re formally told the charges and enter a plea. In many cases, your attorney can file a written plea of not guilty on your behalf, so you may not need to attend.
After arraignment, the case enters the discovery phase, when your attorney receives police reports, video, witness statements, and other evidence the State plans to use. Your attorney may file motions, such as a motion to suppress evidence obtained through an unlawful stop or search. Many cases are resolved through negotiation, which may lead to reduced charges, a diversion program, or dismissal. Others go to trial.
Breaking Down The First 48 Hours After an Arrest
The first 48 hours after an arrest may include the following steps:
- Arrest and transport: Officers take you into custody and transport you to the county jail. In Fort Myers and throughout Lee County, that’s typically the Lee County Jail.
- Booking: Jail staff record your personal information, take your fingerprints and photograph, check for outstanding warrants, and inventory your personal property.
- Possible bond before first appearance: For some offenses, you may be able to post bond based on a standard bond schedule and be released before seeing a judge. For others, such as domestic violence arrests, you must wait for a judge.
- First appearance: Unless you have already been lawfully released, Florida Rule of Criminal Procedure 3.130 requires that you be brought before a judge within 24 hours of arrest.
- Probable cause review: If you were arrested without a warrant and remain in custody, Rule 3.133 requires a judge to determine whether there was probable cause for the arrest, generally within 48 hours.
- Release or continued detention: Whether you can leave jail depends on the court’s release decision, your ability to meet any release conditions, and whether another legal basis exists to hold you.
Having an attorney involved before first appearance can help you present information that supports release on reasonable conditions.
What Happens If You Are Arrested but Not Charged?
An arrest doesn’t automatically mean formal charges will be filed. Prosecutors may decide there isn’t enough evidence, that the facts don’t support a charge, or that the case should be handled another way. When the State decides not to file charges, it may issue what’s often called a “no information” or “no file” notice.
For defendants who remain in custody, Florida Rule of Criminal Procedure 3.134 generally requires formal charges within 30 days of arrest. If charges are not filed, the rule provides for release on recognizance on the 33rd day, or the 40th day if the State shows good cause for an extension. Release under this rule does not mean the case has been dismissed.
If charges were never filed or were dismissed, a person may qualify to have the arrest record expunged, provided they meet Florida’s other eligibility requirements. The process generally requires obtaining a certificate of eligibility from the Florida Department of Law Enforcement before petitioning the court.
What Happens After You Are Released From Jail?
Release from jail doesn’t mean your case is over. You’ll typically be given paperwork listing your next court date and any release conditions. Common conditions include no contact with an alleged victim, staying away from certain places, avoiding alcohol, or reporting to pretrial services. Violating these conditions can lead to re-arrest and make your case more difficult.
You should also expect court notices by mail or online, and it’s critical to attend every required court date. Missing court can lead to a warrant for your arrest and additional charges. During this time, avoid discussing the facts of your case with anyone other than your attorney, including on social media, since statements can be used as evidence.
Unsure what your release conditions require? Contact Absolute Law at 239-ANTHONY to discuss your next steps.
What Should You Do After Being Arrested for the First Time?
After a first arrest, these steps can help protect your rights and your case:
- Stay calm and do not physically resist: Avoid escalating the encounter or interfering with officers.
- Use your right to remain silent: Clearly state, “I am exercising my right to remain silent, and I want an attorney.”
- Don’t consent to searches: You can decline consent to a search, though you shouldn’t physically resist.
- Keep your paperwork: Hold onto your arrest paperwork, release conditions, and court date notices.
- Follow all release conditions: Comply with no-contact orders, curfews, and other requirements.
- Write down what happened: Record details about the arrest while your memory is fresh, and share them only with your attorney.
- Stay off social media: Don’t post about your arrest, the incident, or anyone involved.
Common Criminal Charges Following an Arrest in Florida
Charges that may follow an arrest include:
- DUI: A DUI arrest can lead to both criminal charges and an immediate administrative license suspension, with short deadlines to act. Our page on first offense DUI explains what first-time defendants can expect.
- Domestic violence: Domestic violence charges, such as domestic battery, often come with no-contact orders and require a first appearance before release.
- Drug charges: Drug charges range from simple possession of a controlled substance or paraphernalia to more serious trafficking allegations.
- Theft crimes: Theft crimes, including retail theft and petit theft, are common first-time charges that can carry lasting consequences.
- Firearms and weapons charges: Weapons charges may involve improper carry, possession by a prohibited person, or use of a weapon during another offense.
Why You Should Contact a Criminal Defense Lawyer After an Arrest
An attorney can advocate for reasonable release conditions at first appearance, review the arrest for problems with probable cause or the legality of a stop or search, and communicate with prosecutors before formal charges are filed. Early involvement can also preserve evidence, such as surveillance video or witness information, that might otherwise be lost. For first-time defendants, an attorney can explore options like pretrial diversion, reduced charges, or dismissal that may help protect your record.
At Absolute Law, Anthony Melchiorre combines aggressive advocacy with personal attention to help clients understand their options and take informed steps after an arrest.
From our Fort Myers office, our team defends clients throughout Lee County and Southwest Florida in all types of criminal defense matters. Contact Absolute Law at 239-ANTHONY for a free consultation.
