What Happens After an Arrest in Florida?
Getting arrested can be a frightening and confusing experience — especially if it’s your first time. Understanding what happens next can help you protect your rights and make informed decisions during a critical time. At The Bonderud Law Firm, we’ve represented hundreds of clients facing criminal charges throughout Florida, and we’re here to break down what you can expect after an arrest.
1. The Arrest and Booking Process
After a law enforcement officer makes an arrest — whether with or without a warrant — the individual is typically transported to the county jail. There, the booking process begins. This involves:
- Fingerprinting and photographing
- Recording personal and identifying information
- Conducting a criminal background check
- Collecting and logging personal property
In most cases, the individual will remain in custody until they appear before a judge, unless they can bond out beforehand (more on that below).
2. The First Appearance
Florida law requires that a person arrested and held in custody must appear before a judge within 24 hours. This hearing is called the “first appearance,” and it serves several important purposes:
- The judge advises the defendant of the charges
- The judge informs the defendant of their right to an attorney
- The judge sets conditions for release (such as bond or supervised release)
If the State Attorney has not yet filed formal charges, the court may still use the arrest affidavit to determine probable cause.
3. Setting Bond
At the first appearance, the judge may:
- Set a monetary bond (which the defendant can pay through cash or a bail bondsman)
- Release the defendant on their own recognizance (ROR) if the charges are minor
- Deny bond in serious or violent felony cases
A skilled defense attorney can argue for a lower bond or for pretrial release based on the individual’s background, employment, ties to the community, and lack of criminal history.
4. Filing of Formal Charges
After the arrest, the case is forwarded to the Office of the State Attorney for review. The prosecutor will decide whether to:
- File formal charges (called an “Information”)
- File lesser charges
- Decline to prosecute (known as a “no information” or “no file”)
This decision usually occurs within a few weeks of the arrest. Early intervention by a defense attorney can sometimes lead to the State dropping the case before charges are even filed.
5. Arraignment and Plea
If charges are filed, the defendant is formally arraigned. This is the stage where the court asks the defendant to enter a plea: guilty, not guilty, or no contest. Most individuals plead not guilty at this stage, allowing their attorney to begin negotiating or preparing for trial.
Why Early Legal Representation Matters
Every stage after an arrest carries legal consequences — and every decision you make can affect the outcome of your case. Having an experienced defense attorney in your corner from day one can mean the difference between jail time and a favorable resolution.
At The Bonderud Law Firm, we work swiftly to evaluate the facts, protect your rights, and push for the best possible result — whether that means negotiating a dismissal or aggressively defending you in court.
If you or someone you care about has been arrested in Florida, don’t wait. Contact us today to schedule a consultation and learn how we can help guide you through the criminal justice process.
