arrested?  Here’s what to do:

Do you know what to do If a loved one has been arrested in Hillsborough County?

So a loved one of yours has just been arrested – what do you do now?  What’s the next step?

The first thing you need to do is find out where this person is being held. The second thing is call a criminal defense lawyer.

A criminal defense lawyer can find out exactly what is going on with your loved one’s case, where it happened, which agency made the arrest, what the charges are, and what to do next most importantly.

A defense lawyer has the ability to save you money when getting a bond for your loved one.

If you go to a bail bondsman first, you may pay up to 5x or even 10x the amount of the bail that is set. If you consult with a criminal defense lawyer beforehand, they may be able to set a bond motion, which could lower the bond, and also give your defense lawyer the opportunity to speak to the prosecutor to obtain more details of the situation. Retaining a defense lawyer, most importantly, will save you the anxiety of not knowing what to do.

Just because there has been an arrest doesn’t mean that there will be charges filed.

The State Attorney’s Office is ultimately who decides if the case is strong enough to file the charges after reviewing the evidence such as the arrest report and statements from witnesses.

Whenever someone is arrested in Florida, they have to appear before a judge in person or via live video within 24 hours. This is called the First Appearance Hearing.

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If someone is arrested, it’s important to know how to respond effectively.

Here are the key steps to take when arrested:

1. Remain Calm: Staying calm can help de-escalate the situation and make it easier to communicate.
2. Know Your Rights: Remember that you have the right to remain silent and the right to an attorney. It’s often advisable to exercise these rights.
3. Do Not Resist: Avoid physical confrontation with law enforcement. Resisting arrest can lead to additional charges.
4. Provide Basic Information: You may be required to provide your name, address, and date of birth. Beyond that, it’s usually best to remain silent until you have legal representation.
5. Request an Attorney: As soon as possible, request an attorney. If you cannot afford one, you have the right to a public defender.
6. Document the Encounter: If possible, take mental notes of the arrest circumstances, including badge numbers, names of officers, and any witnesses. This can be helpful later.
7. Avoid Discussing the Case: Do not discuss the details of your case with anyone except your attorney. Anything you say can potentially be used against you.
8. Consider Bail Options: Depending on the charges, you may be able to post bail. Discuss this with your attorney or a trusted family member.
9. Follow Legal Advice: Once you have an attorney, follow their advice regarding how to proceed. They will guide you through the legal process.
10. Stay Informed: Keep track of your case’s progress and attend all required court appearances.

Being arrested can be a stressful experience, but understanding your rights and responsibilities can help navigate the situation more effectively.

How can you help someone who has just been arrested?

If someone you know has just been arrested, there are several ways you can help:

1. Stay Calm: Your calm demeanor can provide reassurance during a stressful situation.
2. Know Their Rights: Remind them of their rights, including the right to remain silent and the right to an attorney. Encourage them to exercise these rights.
3. Contact an Attorney: Help them find a lawyer if they don’t already have one. If they can’t afford one, you can assist in requesting a public defender.
4. Gather Information: Collect details about the arrest, such as the location, charges, and which law enforcement agency is involved. This information will be useful for legal counsel.
5. Arrange for Bail: If bail is an option, find out the bail amount and discuss how to arrange payment. You can work with a bail bondsman if necessary.
6. Provide Emotional Support: Offer emotional support by listening and reassuring them. Being arrested can be overwhelming, and your presence can help.
7. Stay Available: Let them know you’re there to help with any needs, such as contacting family members or managing other responsibilities while they’re detained.
8. Respect Their Privacy: Avoid discussing the situation with others unless they give you permission. Confidentiality is important, especially regarding legal matters.
9. Follow Up: Stay in touch and help them navigate the next steps, including attending court dates and following legal advice.

By providing practical and emotional support, you can make a significant difference during a challenging time.

What happens after someone is arrested in Florida?

After someone is arrested in Florida, the process typically follows several steps:

1. Booking: The arrested individual is taken to a police station or jail for booking. This involves recording personal information, taking fingerprints, photographs, and collecting evidence related to the arrest.
2. Initial Appearance: Within 24 hours of the arrest, the individual must be brought before a judge for an initial appearance. During this hearing, the judge will inform them of the charges, and the individual will have the opportunity to enter a plea.
3. Bail Hearing: The judge may also decide on bail during the initial appearance. If bail is granted, the individual can be released from custody until their court date.
4. Charges Filed: The State Attorney’s Office will review the case and decide whether to formally file charges. This may take a few days to weeks, depending on the complexity of the case.
5. Arraignment: If charges are filed, an arraignment will occur, where the individual is formally charged and can enter a plea (guilty, not guilty, or no contest).
6. Pre-Trial Proceedings: Following the arraignment, there may be pre-trial hearings, where motions can be filed, plea deals discussed, and other legal matters addressed.
7. Trial: If the case goes to trial, both the prosecution and defense will present evidence and witnesses. A judge or jury will then determine guilt or innocence.
8. Sentencing: If found guilty, the judge will impose a sentence, which may include fines, probation, or imprisonment.
9. Appeals: If the individual is convicted, they have the right to appeal the decision to a higher court.

Throughout this process, it’s important for the individual to have legal representation to navigate the legal system effectively.