Florida Rule of Criminal Procedure 3.130(a) states that every person arrested must be taken before a judicial officer within 24 hours of his or her arrest. An alleged offender’s first appearance in a criminal case is referred to as an advisory hearing.
An advisory hearing is composed of a chief judge who designates one or more judicial officers from circuit or county court. In addition to this the state attorney or assistant state attorney, public defender, or an assistant public defender must be in attendance.
During an advisory hearing, a judge will inform the offender of his or her rights and the bond appropriate to their crime. An experienced criminal defense attorney may be able to get an offender released on their own recognizance. This is also known as a ROR bond.
Gainesville Lawyers for Advisory Hearings in Florida
Have you been arrested recently for a criminal offense in the greater North Central Florida area? Is your advisory hearing fast approaching? It is recommended that you seek legal representation to assist you during your hearing. The attorneys at Galigani Law Firm are skilled at handling strategies and resources for advisory hearings.
Galigani Law Firm is a team of qualified attorneys who are passionate and aggressive about criminal defense. Our attorneys have practiced criminal law in Florida for over twenty years. We are dedicated to our client’s cases and will strive to do whatever we can to get the best possible result for your case. Galigani Law Firm has been recognized and added into prestigious law associations such as the National Association of Criminal Defense Lawyers (NACDL), the Eighth Judicial Circuit Bar Administration, and the Florida Association of Criminal Defense Attorneys (FACDL).
Be prepared for your advisory hearing. You can reach an attorney at (352) 375-0812 or by scheduling an online appointment for a free consultation today.
Overview for Advisory Hearings in Florida
Advisory Hearing Procedures in Alachua County
The Florida Rule of Criminal Procedure 3.130(b) establishes that a judge is required to inform the defendant of the charge or any alleged violation of probation or community control. Alongside this, the judge must provide a copy of the complaint to the defendant and their attorney.
The judge is also obligated to adequately advise the defendant the following:
- If unrepresented, the alleged offender has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed;
- The defendant is not required to say anything, and that anything the alleged offender says may be used against him or her;
- The defendant has the right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so.
According to the Administrative Order Number 2006-097 PA/PI CIR, the advisories (presiding circuit judge or county judge) at the beginning of each first appearance will provide an initial advisement to the arrested persons. After this, the judge will conduct a probable cause determination.
A practiced criminal defense attorney can negotiate and fight for your side during the judge’s probable cause determination. If the judge finds that there is no probable cause, the alleged offender may be issued a ROR bond. This means that you will be released. If the judge does discern a probable cause, an appropriate bond amount will be applied.
An adjudicatory hearing is to be held within forty-five days after the advisory hearing, unless all of the necessary parties agree to another hearing date.
Advisory Hearing Bond Schedule in Gainesville Florida
A person arrested for a criminal offense may be released on a bail bond. The amount of the bail bond is based on the designated classification and degree of the offense. A person arrested for the following classifications and degrees of criminal offenses may be released on a bail bond in the corresponding amount:
- Second Degree Misdemeanor or Ordinance Violation – $120
- First Degree Misdemeanor – $500
- Third Degree Felony – $1,500
- Second Degree Felony – $7,500
- First Degree Felony – $20,000
Alleged offenders for capital crimes are immediately denied bond. The defendant is to be held with no bond until his or her first advisory hearing before the judge for the following:
- Domestic violence
- Non-domestic stalking
- Any violation of pretrial release where the original arrest as for an act of domestic violence
- Any violation of a domestic violence injunction
- Any violation of an injunction for dating, repeat or sexual violence
- Any arrest where the crime is charged is a violation of Chapter 874 of the Florida Statutes
- Any arrest for burglary during a state of emergency in the county
A judge also has the power to rise and lower bond amounts during advisory hearings. An experienced criminal defense attorney can negotiate and help convince the judge to adjust the amount of your bond.
Additional Resources
The Eighth Judicial Circuit of Florida – Visit the website of the Eighth Judicial Circuit and find resources for the forms, processes, and other useful information for the Eighth Judicial Circuit. Find bail bond actions, first appearance procedures, distribution of funds received by DOC, and more.
Alachua County Sheriff’s Office – The Alachua County Jail is a 1,148 bed, 314,000 square foot facility which incarcerates adult male and female offenders for up to one year. The jail is comprised of the Security Operations Division and Support Services Divisions.
Find an Attorney for Advisory Hearings in Florida
If you have been arrested recently and are awaiting your advisory hearing, it is in your best interest to contact a seasoned criminal defense attorney. The attorneys at Galigani Law Firm are ready to take on your case and prepare for your advisory hearing to try and obtain the best possible results.
Galigani Law Firm is a practiced group of attorneys who have been handling criminal defense cases for over twenty years. The attorneys at Galigani Law Firm believe in our clients and want to do all we can to minimize or reduce their charges. Put yourself one step ahead. Contact the attorneys at Galigani Law Firm today.
Galigani Law Firm accepts clients throughout the greater Alachua County area and surrounding counties including Ocala in Marion County, Starke in Bradford County, Bronson in Levy County, Trenton in Gilchrist County, Gainesville in Alachua County, Lake Butler in Union County, and Lake City in Columbia County.
Do you need counsel for your advisory hearing? Do not take a step further without legal representation. Dial (352) 375-0812 or submit an online contact form to schedule a free consultation today.
