- Dorothy Naumann
- Indian River County, FL
An arrest initiates a series of formal legal proceedings governed by Florida law and the procedures of the 19th Judicial Circuit of Florida, which serves Indian River County. Understanding this process can help individuals and their families know what to expect at each stage.
Arrest and Booking
When law enforcement arrests a person, they are transported to the Indian River County Jail for booking. During booking, law enforcement records the individual’s personal information, documents the charges, and collects fingerprints and a photograph. Personal property is inventoried and held until release.
The arrested person is held in custody until a first appearance hearing is scheduled, which Florida law requires to occur within 24 hours of arrest.
First Appearance Hearing
The first appearance hearing is the initial court proceeding after an arrest. A judge reviews the charges, advises the defendant of their rights, and determines conditions of release. This hearing is not a trial and does not result in a finding of guilt or innocence.
In Indian River County, first appearance hearings for the 19th Judicial Circuit are typically conducted by a judge or magistrate. The state attorney’s office may present information relevant to release conditions.
Bond and Release Conditions
At the first appearance, the judge may set a monetary bond, release the defendant on their own recognizance, or order the defendant held without bond. The decision is based on factors established under Florida law, including the nature of the charges, the defendant’s criminal history, ties to the community, and the likelihood of appearing for future court dates.
If a bond is set, a licensed bail bondsman may post it on the defendant’s behalf in exchange for a fee, typically a percentage of the total bond amount.
Filing of Formal Charges
Following an arrest, the state attorney’s office reviews the case and determines whether to file formal charges. In Florida, this can occur in two ways:
- Information: The state attorney files charges directly, which is the most common method for felony and misdemeanor cases.
- Indictment: A grand jury reviews the evidence and votes to indict, a requirement for capital felony cases under Florida law.
The defendant is formally charged at an arraignment, where they enter a plea of guilty, not guilty, or no contest.
Right to Legal Representation
Under the Sixth Amendment to the United States Constitution and Article I, Section 16 of the Florida Constitution, any person facing criminal charges has the right to legal representation. This right applies at all critical stages of the criminal proceeding, beginning at or shortly after arrest.
Individuals who cannot afford an attorney may be eligible for representation through the Public Defender’s Office for the 19th Judicial Circuit.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone involved in a criminal investigation or court proceeding in Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.