Like many of the steps in the judicial process, your first appearance before a judge after being arrested is part of a process designed to protect the rights of the accused as enshrined in the Constitution. In theory, your initial appearance is a dignified interaction with an officer of the court who thoughtfully guarantees the due process of law.

In reality, it’s a few minutes of back and forth at a podium with an overburdened judge doing his or her best to keep the assembly line moving. It’s all over in the blink of an eye, and before you know it, you’re back in a holding cell or out on the sidewalk. Pleading guilty or not comes later, and in this hearing, you’ve got to remember that you have the right to remain silent.

You can watch First Appearances at Ninth Judicial Circuit Court Live by clicking here. Schedules and additional information are listed below.

Booking and Initial Appearance

For most people arrested in Orlando, the first step after they slap the cuffs on is a trip to the Orange County Booking and Release Center (BRC) for booking, as in booked into the corrections system for processing, like mug shots and fingerprinting. Once you’re officially in the custody of corrections officers, comes the First Appearance (or Initial Appearance) before the court.

Unless you bond out immediately, the law requires that you appear before a judge within 24 hours of your arrest. During this First appearance, a judge reviews the arrest and booking report to determine probable cause and sets bond for the defendant.

What Happens at First Appearance

At First Appearance, the judge will:

• Inform the defendant of the charges: The judge will read the charges against the defendant and provide a copy of the complaint.
• Advise the defendant of their rights: The judge will inform the defendant that anything they say can be used against them, that they have the right to an attorney, and that if they cannot afford one, an attorney will be appointed.
• Determine Indigence: The judge will assess whether the defendant is indigent and needs a court-appointed attorney.
• Set Bond: The judge will set the bond amount, which can be a cash bond, a surety bond, or a personal recognizance bond.
• Make a probable cause determination: The judge will review the arrest and booking report to determine if there is probable cause to believe the defendant committed the crime.

The Experience at First Appearance

The First Appearance process can be overwhelming, especially for those unfamiliar with the criminal justice system. The hearing is generally very brief, lasting only a few minutes. Ideally, a defendant would have an experienced criminal defense attorney present to protect their rights.

After First Appearance

After the First Appearance, the case will be passed for arraignment, typically occurring 3–4 weeks after the arrest. At arraignment, the defendant will be required to enter a plea of guilty, not guilty, or no contest. The case will then proceed through the criminal justice process, with the possibility of a pre-trial conference, trial, or plea negotiations.

For more information on the criminal justice process in Orange County, Florida. Individuals can visit the Orange County Clerk of Courts website, which provides resources on paying criminal case fines, accessing court documents, and using the E-Notify system for court event reminders.

Orlando Criminal Defense Attorney

The First Appearance for a criminal defendant is a critical stage in the criminal justice process where a judge reviews the arrest and booking report, sets bond, and determines probable cause. Defendants should have an experienced criminal defense attorney present to advocate and ensure their rights are protected throughout the process.

Any time you find yourself on the wrong side of the law, it is essential to have an experienced criminal defense attorney by your side from the very beginning to ensure that you have the best chance for the best possible results. Call 407-644-2466 to speak with an Orlando Criminal Defense Attorney at the Rivas Law Firm.

You can also watch first appearance proceedings from the public galleries at the Booking and Release Center (excluding weekends and holidays). The galleries are accessed via the BRC public lobby. Directions and Map.