Fast Facts:
- If you are arrested in the Seventh Judicial Circuit, you will appear before a judge for First Appearance within 24 hours of arrest unless there are exceptional circumstances.
- At this hearing, the judge will review probable cause for the arrest, inform you of the charges against you, and consider bond and release conditions.
- A Public Defender and a State Attorney are present. If you cannot afford an attorney, the Public Defender may be appointed to represent you.
- Anything you say in court is recorded and can be used later. This is not the time to argue the facts of your case.
WHAT FIRST APPEARANCE IS
First Appearance is the first court event after an arrest. It occurs in almost every criminal case unless the person is released before seeing a judge. The hearing must take place within 24 hours of arrest, absent exceptional circumstances.
At this hearing, the judge:
- Determines if there was probable cause for the arrest
- Informs you of the charges and explains your rights
- Asks about legal representation and may appoint the Public Defender
- Decides whether to set a bond and what release conditions apply
In Volusia County, Pretrial Services may assist the court in this process by providing information to the judge. If you are released with supervision in Volusia and Flagler Counties, Pretrial Services may monitor your compliance.
Important:
This hearing is limited to probable cause, bond, and release conditions. It is not the place to present evidence, call witnesses, or argue the facts of the case.YOUR RIGHTS, BOND, AND THE FLORIDA CONSTITUTION
Florida law recognizes a general right to pretrial release on reasonable conditions. In most cases, you have a right to bond or other reasonable release conditions. A judge can deny bond in limited situations, including:- You are charged with a capital offense or an offense punishable by life imprisonment, and the proof of guilt is evident or the presumption is great
- The court finds that no conditions of release can reasonably protect the community, ensure you appear in court, or protect the integrity of the process.
Other situations that can affect your ability to be released include:
- Violation of probation
- New crimes while already on release
- Threats to witnesses or interference with the court process
- Criteria in section 907.041, Florida Statutes, which governs pretrial detention and requires a prompt detention hearing
FIRST APPEARANCE BY COUNTY
The Seventh Judicial Circuit serves Flagler, Putnam, St. Johns, and Volusia counties. If you plan to attend via Zoom, join with a stable internet connection. Keep your camera on and your microphone muted unless the judge speaks to you.
Format and access vary by county:
Flagler County
- Format: Zoom
- Typical start time: 8:30 a.m.
Putnam County
- Format: Zoom
- Typical start time: 8:30 a.m.
St. Johns County
- Format: Zoom
- Typical start time: about 8:30 a.m.
Volusia County
- Format: Hybrid. Males appear in person at the Volusia County Branch Jail courtroom. Females appear on Zoom.
- The public may attend in person at the Branch Jail courtroom or observe by Zoom.
- Typical start time: 1:30 p.m. on weekdays, and 8:30 a.m. on weekends and holidays.
WHAT HAPPENS AFTER FIRST APPEARANCE
First Appearance is only the start of the criminal case. After this hearing, most cases move through several standard stages.- Arraignment. The formal reading of the charges. You enter a plea of guilty, not guilty, or no contest.
- Pretrial Conferences. Status hearings where attorneys and the court discuss case progress, motions, or plea negotiations.
- Motions and Hearings. The court considers legal issues such as admissibility of evidence, procedure, or conditions of release.
- Plea or Trial. The case may resolve by plea agreement, or it may go to trial.
- Sentencing. If you enter a plea or you are found guilty at trial, the judge imposes a sentence based on the law, your background, and the specific charges.
IMPORTANT NOTICE This page provides general information. It is not legal advice. Procedures can change without notice. Bond, supervision, and scheduling are decided on a case-by-case basis by the presiding judge. If you have been arrested or have a pending case, you should speak with an attorney about your rights and options that may be available to you.
