Your First Court Appearance in Orlando: What to Expect

You've been arrested in Orlando. You're sitting in a holding cell, and someone tells you that you'll see a judge "in the morning." Your mind is racing: What happens next? Will I get out? How much is bond? As a former State Trooper who transported countless people to that exact moment, I can walk you through exactly what to expect at your first court appearance in Florida.

The 24-Hour Rule: When You'll See a Judge

Under Florida law, every arrested person must be brought before a judge within 24 hours of arrest. This isn't optional. Florida Rule of Criminal Procedure 3.130 requires that a first appearance hearing happen either in person or via video link within that window.

In Orange County, first appearance hearings are held every day, including weekends and holidays. They typically take place in the morning. If you're arrested on a Friday night, you'll see a judge Saturday morning. The hearing itself is usually brief, often lasting only a few minutes per person, but those few minutes determine whether you go home or stay in jail.

What the Judge Does at First Appearance

The judge has several responsibilities at first appearance, and they happen quickly:

• Informs you of the charges: The judge reads the charges against you and provides a copy of the complaint or arrest affidavit
• Advises you of your rights: Right to remain silent, right to an attorney, and the right to communicate with family or counsel
• Determines probable cause: The judge reviews whether the arrest was legally justified based on the facts in the arrest report
• Sets bond or conditions of release: This is the decision that determines whether you go home today or stay in jail
• Appoints a public defender: If you can't afford an attorney, the judge will determine eligibility and appoint one

How Bond Is Determined

Bond is the part everyone cares about most: how much does it cost to get out? Under F.S. 903.046, the judge considers several factors when setting bond:

For many misdemeanor charges in Orange County, there's a standard bond schedule. A first-time DUI might carry a preset bond of $500-$1,000. But for felonies or cases involving violence, the judge has wide discretion to set bond higher, impose conditions like GPS monitoring or no-contact orders, or in some cases deny bond altogether.

Your Rights at First Appearance

You have important constitutional rights at first appearance. Know them before you walk in:

• Right to remain silent: You do not have to answer questions about the charges. Anything you say can be used against you. Exercise this right.
• Right to an attorney: You can have a private attorney present, or the court will appoint a public defender if you qualify
• Right to know the charges: The judge must tell you exactly what you're charged with
• Right to communicate: You have the right to contact family, friends, or your attorney

Do You Actually Need to Go to First Appearance?

Here's what most people don't realize: the majority of people arrested in Orlando never go to first appearance. If your charges carry a standard bond amount, you (or your family) can post bond at the jail and get released before the hearing ever happens. Once you bond out, first appearance is cancelled for your case.

So who actually goes to first appearance? People who couldn't bond out — either because:

• No bond was set: Certain serious charges don't have a standard bond schedule, so you must wait for a judge to set one
• Bond is too high: The preset bond exceeds what you or your family can afford
• Hold from another jurisdiction: A warrant or detainer from another county or state prevents release
• Dangerous crime designation: Under F.S. 907.041, certain charges restrict pretrial release