Criminal defense
Someone I love was arrested in Florida. What happens next?
Find them in the jail’s records, expect a judge within 24 hours, and know that only a judge can set or change bond.
Start with the county’s online jail search. Miami-Dade and Hillsborough both post one, and the booking or jail number it shows makes every later call easier. An arrested person who is not released must be taken before a judge within 24 hours, and that first appearance is where the judge states the charge, explains the person’s rights, and decides bond and the conditions of release (Fla. R. Crim. P. 3.130, 3.131). Someone arrested on a less serious charge can often post the scheduled bond and leave before seeing a judge, but some arrests, including domestic violence and first or second degree felonies, must wait for the judge (§ 903.011(6)). If the family wants Jose A. Dapena at the first appearance, the rule requires the judge to allow reasonable time to send for a lawyer.
01 Finding them
How do I find out where someone arrested in Florida is being held?
In Miami-Dade, search by last name. The county’s Corrections and Rehabilitation Department runs an online in-custody search that takes a last name followed by a first initial or first name. The results show where the person is held, the charges, the bond amount, the jail number and the booking date and time (Miami-Dade inmate search). Inmate information at 786-263-7000 can give a bond amount by phone. The county’s adult jails include Turner Guilford Knight Correctional Center at 7000 NW 41st Street, the Pre-trial Detention Center at 1321 NW 13th Street and Metro West Detention Center at 13850 NW 41st Street.
In Hillsborough, a new arrest can take a day to show up in the general list. The Sheriff’s Arrest Inquiry lists people currently in jail with their charges, bond amounts and booking photos, and it refreshes every 30 minutes. New arrests do not appear in the general listings for the first 24 hours, but a search by the person’s first and last name finds them during that window (HCSO Arrest Inquiry). Booked adults are held at the Orient Road Jail, 1201 Orient Road, or the Falkenburg Road Jail, 520 N. Falkenburg Road, and Inmate Records answers at (813) 247-8400.
Write down the booking or jail number and the charge. If a bond amount is listed, ask the jail or a licensed bondsman whether it can be posted now. If none is listed, call and ask why. That answer decides whether the next step is paperwork or a courtroom.
Every later call goes faster with the person’s full name, date of birth and booking number in hand.
02 First appearance
What is a first appearance, and when does it happen?
Within 24 hours of arrest, unless the person has already been released. Rule 3.130(a) requires that every arrested person be taken before a judge, in person or by audio-video technology, within 24 hours. A state attorney and a public defender attend. The Miami-Dade Public Defender’s office describes the purpose of the hearing: advise the person of the charges, decide whether the police had probable cause, decide whether the person can pay for a lawyer, and set conditions of release (Adult Case Process).
The judge must explain the person’s rights. The judge informs the person of the charge and provides a copy of the complaint, and advises that the person is not required to say anything and that anything said may be used against them, that counsel will be appointed if the person cannot afford a lawyer, and that the person may communicate with counsel, family or friends (Rule 3.130(b)). A person arrested also has the right to consult an attorney alone and in private at the place of custody (§ 901.24).
A family can hire a lawyer before the hearing. When a defendant has employed counsel or wants to, the judge must allow a reasonable time to send for counsel and must, if necessary, postpone the first appearance for that purpose (Rule 3.130(c)(2)). Jose A. Dapena can be contacted for that purpose, and the consultation is with him.
If the family cannot pay for a lawyer, the judge decides. The judge determines whether the person is entitled to court-appointed counsel and, if so, appoints a lawyer before any other proceeding at the first appearance (Rule 3.130(c)(1)). The application carries a $50 fee, and it asks the amount of any bail that was paid and where the money came from (§ 27.52(1)). A family that posts bail before applying should expect to be asked about it.
03 Bond
Who sets bond, and can someone get out before the first appearance?
Only a judge may set, reduce or change bail. The statute has one exception, a schedule. Beginning in 2024 the Florida Supreme Court adopts a uniform statewide bond schedule each year for offenses where a person may be released before the first appearance. A circuit’s chief judge may raise those amounts but generally may not lower them without Supreme Court approval (§ 903.011(4)–(5); Rule 3.131(b)). A person released on the schedule leaves without seeing a judge. A person who cannot or does not post it goes to the first appearance.
Some arrests cannot use the schedule at all. Under § 903.011(6) a person may not be released before the first appearance and a judge must set bail, if any, after an individual review, when any of these apply: an arrest for a capital, life, first degree or second degree felony; domestic violence; stalking; violating a protective injunction; being on pretrial release, probation or community control at the time of a felony arrest; or three or more arrests in the previous six months. The list also covers many other offenses, including trafficking in a controlled substance, burglary, robbery and failure to appear while on bail.
At the hearing the judge starts from release on nonmonetary conditions. The judge is not bound by the bond schedule. Rule 3.131(c) sets a presumption in favor of release on nonmonetary conditions and tells the judge to impose the first condition that will reasonably protect the community, assure the person’s presence at trial and protect the integrity of the process: personal recognizance, an unsecured appearance bond, nonmonetary conditions such as reporting, a curfew or restricting travel, or a surety bond or cash. The judge must set a separate bail amount for each crime charged, and each one requires a separate bond.
What the judge weighs. The purpose of a bail decision is to ensure the person appears at later proceedings and to protect the community from unreasonable danger. The factors include the nature of the charge, the weight of the evidence, the person’s family ties, length of residence, immigration status, employment history, financial resources and mental condition, any past failure to appear, and the source of the money used to post bail (§ 903.046(2)). The Public Defender’s office notes that it is often important for family, friends or an employer to speak for the person. A lawyer can put proof of address, work and ties before the judge.
04 Miami-Dade
Where is the bond hearing in Miami-Dade, and how does someone get out?
Most hearings are downtown, at the Richard E. Gerstein Justice Building. The Public Defender’s office lists the building at 1351 NW 12th Street, Miami. Felony bond hearings are in Courtroom 1-5, and misdemeanor and criminal traffic hearings are in Courtroom 5-3, weekdays at 9 a.m. and 1:30 p.m. On weekends and holidays a 9 a.m. hearing follows the misdemeanor jail arraignments in Courtroom 5-3. Domestic violence first appearances are weekdays at 11 a.m. at the Lawson E. Thomas Courthouse Center, Courtroom 2A, 175 NW 1st Avenue, and on weekends and holidays at 8:30 a.m. in Courtroom 5-3 at Gerstein. These are the times the Public Defender’s office posts; confirm the day’s hearing before anyone travels.
Release comes out of Turner Guilford Knight. The department says a person with bondable charges can bond out at any time, that it cannot recommend a bondsman, and that people are released from Turner Guilford Knight Correctional Center, the designated release center, between 6 a.m. and 9 p.m. Property taken at booking can be picked up there, usually for up to 30 days. Pretrial Services, a county agency, also releases some people before trial at no charge, on a promise to appear (Inmate Release).
For Homestead and Florida City families, the first appearance is not close to home. The Public Defender’s office places the bond hearings at the downtown courthouses above. The Clerk lists a South Dade Justice Center at 10710 SW 211th Street, Suite 1200, among the district courts that handle traffic, county and criminal matters, so ask which courthouse each later date is set in (Clerk’s district court locations).
Visits are by video. The department provides remote video visitation as its standard service, and beginning October 1, 2026 the system is Securus Video Connect. Family members, friends and attorneys each need a new account. Messages and photos sent to someone in custody are subject to monitoring and review by the department (Inmate Contact and Visitation).
05 Hillsborough
Where is the first appearance in Hillsborough County, and how do you post bond?
First appearance is held in the Criminal Courthouse Annex. The Thirteenth Judicial Circuit’s schedule for Criminal Division O lists first appearance on weekdays at 1:30 p.m. in Courtroom 17 of the Annex, bond motions at 2:30 p.m. in the same courtroom, and pretrial detention hearings, which exclude capital and life felonies, from 9 a.m. to noon in Courtroom 13. On weekends and holidays first appearance runs from 11 a.m. to 1 p.m. in Courtroom 17 (Duty Judge Assignments and PP Court). The circuit lists the Criminal Courthouse Annex at 401 N. Jefferson Street, Tampa. The Clerk’s criminal offices are at 800 E. Twiggs Street in Tampa, 311 Pauls Drive in Brandon and 301 North Michigan Avenue in Plant City.
Cash bonds are paid at the Orient Road Jail, in the exact amount. The Sheriff’s Office accepts cash or a money order, not cards, and the person posting needs a valid ID, the inmate’s name spelled correctly and the date of birth. A surety bond comes only from a registered bail bond agent (How to Post Bond). A bail bond agent must charge the premium rate filed with and approved by the state, so ask for the rate in writing (§ 648.33).
Cash posted by a relative is not always all refunded. The Sheriff’s Office collects the cash and sends it to the Clerk. When the cash was posted by someone other than a licensed bondsman, the Clerk must withhold enough to pay unpaid costs of prosecution, court fees, costs and penalties, regardless of who posted it (§ 903.286). The Clerk mails any remainder to the depositor’s address after the case ends.
Contact is limited and mostly remote. Calls are free in Central Booking, so a new arrestee can make bail arrangements. Video visits are remote only; the on-site visitation center closed on October 28, 2025. Professional visitors register with a driver’s license and professional identification such as a Florida Bar card, and qualified in-person professional visits are available seven days a week from 6 a.m. to 11 p.m. (Inmate Communication Services).
06 Still in custody
Why is someone still in jail after bond was posted or set?
A bond covers the charge it was set for. If the jail is also holding the person on another matter, posting it does not end that hold. A person arrested on a bench warrant, also called an alias capias, will not be allowed to post bond and must appear before a judge, and a person arrested for violating probation stays in jail and goes before a judge for a first appearance (Public Defender, Adult Case Process).
The State can ask to keep someone for a detention hearing. For a dangerous crime listed in § 907.041(5), the judge may not grant nonmonetary release at the first appearance once there is probable cause. If the State announces at the first appearance that it will move for pretrial detention, the person may be held up to four days, and the detention hearing must be held within five days (Rule 3.132(d), (f)). The list includes aggravated battery, robbery, burglary of a dwelling, an act of domestic violence and trafficking, among others.
Some charges are called non-bondable. The Public Defender’s office names murder, sexual battery and kidnapping as examples, and explains that the law presumes the person stays in jail, and the person may ask for an Arthur hearing at which a judge decides whether to release them. Rule 3.131(a) gives a right to release on reasonable conditions unless the charge is capital or punishable by life and the proof of guilt is evident or the presumption is great.
Immigration status can add a second hold. A jail that has custody of a person subject to a federal immigration detainer must notify the judge who decides bail, record it, notify the state attorney, and comply with the requests in the detainer (§ 908.105(1)). For a person charged with a forcible felony whom the court finds does not have lawful immigration status, the law presumes a substantial flight risk and orders pretrial detention unless the defense rebuts it (§ 907.041(6); Rule 3.132(f)(2)). A lawyer should know the person’s status before the first appearance.
07 After release
What happens after someone is released, and when is the next court date?
Release is not the end of the case. In Hillsborough the Clerk receives the arrest paperwork from the jail, prepares the court file, and sends it to the State Attorney, who decides whether to file formal charges. The Clerk mails notice of the arraignment to the address given at arrest, and a bail bond agent is notified too (Hillsborough Clerk, Circuit Criminal). A change of address has to be given to the Clerk in writing. In Miami-Dade the Public Defender’s office reports that nearly all felony defendants are set for arraignment on the 21st day after arrest.
The State has a deadline to file. For a person in custody the State must file formal charges within 30 days of arrest. If it has not, the court must order release on the person’s own recognizance on the 33rd day, or the 40th day if the State shows good cause (Rule 3.134(a)). For a person on release the period is 60 days (Rule 3.134(b)). The Public Defender’s office reports that in Miami-Dade the State files charges in about 60 percent of adult arrests.
Missing a court date is its own problem. The clerk enters a bond forfeiture automatically when a defendant fails to appear (§ 903.26(2)). A person who failed to appear and is later arrested is not eligible for a recognizance bond or any bond without a monetary commitment of at least $2,000 or twice the original, whichever is greater (§ 903.046(2)(d)).
Conditions of release are enforceable from the first day. A no-contact order is effective immediately. “No contact” includes communicating through a third person, and being within 500 feet of the person’s home, vehicle or workplace, even when they share a residence (§ 903.047). A court can revoke release on probable cause of a new crime or a material violation of any condition (§ 903.0471). Anything the family needs to say to a witness goes through counsel (the first 24 hours after an arrest).
Where Jose A. Dapena appears. His criminal defense work is in Miami, Homestead and Tampa, and the first conversation is about the charge in front of the person, the first appearance and what a judge will weigh.
08 An example
Two arrests in the same week, two different first days
A 26-year-old in Homestead is arrested on a misdemeanor charge on a Friday night. The jail’s search shows a bond amount, a family member posts it through a licensed bondsman, and the person walks out of Turner Guilford Knight the next morning. A notice of the arraignment date comes in the mail, and the person calls a lawyer on Monday.
A 41-year-old in Hillsborough is arrested for domestic battery the same night. Because domestic violence is on the list in § 903.011(6), there is no bond before a judge sees the case. The family searches the Sheriff’s Arrest Inquiry by first and last name, finds the person at the Orient Road Jail, and learns the first appearance is at 1:30 the next afternoon. The judge issues a no-contact order, so the family does not carry messages to the other person. This is an illustration of how the pieces fit together, not a real case.
A constructed example, written to show how the rule works. It is not a case this firm handled and it is not a promised result.
09 What to do now
- Find the person, and write down the booking number and the chargeUse the county’s online search. In Hillsborough, search by first and last name if the arrest is under a day old.
- Ask whether a bond amount is listedIf so, ask the jail or a licensed bondsman whether it can be posted now. If not, the person will see a judge at the first appearance.
- Do not discuss the case in messages or on callsMiami-Dade monitors and reviews messages and photos sent to an inmate. Treat every contact as one the case may hear about.
- Decide on a lawyer before the first appearanceThe judge must allow reasonable time to send for a lawyer. Call Jose A. Dapena with the name, the booking number and the charge.
- Keep the bond paperwork and the receiptFor a bondsman, get the rate in writing. For cash in Hillsborough, bring the exact amount, a money order or cash, and an ID.
- Keep the mailing address current and calendar every court dateThe notice goes to the address given at arrest. A missed date forfeits the bond and limits any later release.
10 What an attorney would look into
- Whether the charge is one that waits for a first appearance under § 903.011(6), or whether a scheduled bond could be posted
- Whether there was probable cause for the arrest, and what the first appearance record shows
- What the judge may weigh under § 903.046(2), and what proof of residence, work and family ties can be put before the judge
- Whether the conditions of release, such as no contact or a curfew, are workable and whether they should be modified
- Whether the jail also holds a warrant, a probation violation or an immigration detainer
- When formal charges are due, what the State Attorney files, and what any plea could mean outside the criminal case
11 The sources
- Fla. R. Crim. P. 3.130 First appearanceEvery arrested person goes before a judge within 24 hours; the judge states the charge, advises of rights, and allows time to send for counsel.
- Fla. R. Crim. P. 3.131 Pretrial releaseRight to release on reasonable conditions, release under the bond schedule, and the presumption for nonmonetary conditions.
- Fla. R. Crim. P. 3.132 and 3.134 Pretrial detention and time to file chargesDetention hearings within five days, the four-day hold, and the 30-day deadline to file formal charges.
- Fla. Stat. § 903.011 Pretrial release and the statewide bond scheduleOnly a judge may set or change bail; the schedule; and the arrests that wait for a first appearance.
- Fla. Stat. § 903.046 Criteria for bailWhat a judge weighs, including immigration status and the source of funds.
- Fla. Stat. § 903.047 Conditions of pretrial releaseNo-contact orders, including through a third person and within 500 feet, and the other conditions.
- Fla. Stat. § 907.041 Pretrial detentionDangerous crimes, motions for detention, and the presumption of detention for a person without lawful status charged with a forcible felony.
- Fla. Stat. § 908.105 Immigration detainersThe jail must notify the bail judge and the state attorney and comply with the detainer’s requests.
- Fla. Stat. § 903.286 Return of cash bondThe clerk withholds unpaid costs and fees from a cash bond posted by anyone other than a licensed bondsman.
- Miami-Dade County Public Defender Adult Case ProcessWhere and when bond hearings are held in Miami-Dade, the Arthur hearing, and the charging timeline.
- Thirteenth Judicial Circuit Criminal Division O scheduleFirst appearance and detention hearing times and courtrooms in Hillsborough County.
More questions
How long can someone be held before seeing a judge?
Rule 3.130(a) requires a first appearance within 24 hours of arrest, unless the person was already released in a lawful manner.
A person who posts a scheduled bond can be released sooner. A person arrested on a charge listed in § 903.011(6) cannot be released before the hearing.
Can I visit someone in the Miami-Dade or Hillsborough jail?
Mostly by video. Miami-Dade provides remote video visitation as its standard service, through Securus Video Connect from October 1, 2026, and each family member needs an account. Hillsborough’s on-site visitation center closed on October 28, 2025, and its video visits are conducted remotely.
Qualified professional visits in person are available in Hillsborough seven days a week from 6 a.m. to 11 p.m.
Can the person call me from jail?
In Hillsborough, calls are free in Central Booking so a new arrestee can make bail arrangements. In Miami-Dade, a family can set up prepaid collect calling so the person can call a number you register.
Keep calls short and practical. Do not discuss the facts of the case.
What does a bail bondsman cost?
A bail bond agent must charge a premium, and the rate must be the one filed with and approved by the state (§ 648.33). Ask for the rate and the total in writing before signing.
Ask what happens to the premium if the case ends early and who is responsible if the person misses court.
If I pay cash bail for someone, do I get it back?
Often part of it, after the case ends. In Hillsborough the Sheriff’s Office sends the cash to the Clerk, and by statute the Clerk withholds any unpaid costs of prosecution, court fees, costs and penalties from a cash bond posted by someone other than a licensed bondsman.
The Clerk mails the remainder to the depositor’s address, so give a current one.
What if my relative is not a U.S. citizen?
A first appearance is held for every arrested person, and the rights read at that hearing apply to everyone.
Immigration status is a listed factor in bail under § 903.046(2)(c), a jail must report an immigration detainer to the judge, and a charge for a forcible felony brings a presumption of detention. Tell the lawyer before the hearing, and ask what any plea could mean for the immigration case.
What if we cannot afford a lawyer?
At the first appearance the judge decides whether the person is entitled to a court-appointed lawyer and appoints one before any other proceeding (Rule 3.130(c)(1)). The application fee is $50 (§ 27.52).
The application asks about bail paid and its source, so the family should be ready to answer.
Can the victim drop the charges?
The State Attorney decides whether to file and pursue charges. The Miami-Dade Public Defender’s office notes the State may file charges even if witnesses do not want to testify or proceed.
As a condition of release the person must refrain from any contact with the victim, except through pretrial discovery (Rule 3.131(a); § 903.047).
What is a no-contact order, and does it cover messages through a friend?
Yes. “No contact” includes communicating through a third person, either orally or in writing or electronically, and being within 500 feet of the person’s residence, vehicle or workplace (§ 903.047(1)(b)). It is effective immediately.
A violation can end the release (§ 903.0471).
How long until formal charges are filed?
For a person in custody, within 30 days of arrest, or the court must order release on the 33rd day, or the 40th with good cause. For a person on release, 60 days (Rule 3.134).
Many people are charged earlier. In Miami-Dade a felony arraignment is commonly set on the 21st day.
What does it cost to talk to Jose A. Dapena about an arrest?
Any consultation charge is disclosed when the appointment is made, so there is no surprise. Criminal matters are then handled on a flat fee set by the charges and the scope of the representation, with no payment plans.
Bring the booking number, any bond paperwork and the charging document if there is one.
Was someone you love arrested in Miami-Dade, Homestead or Tampa?
Call Jose A. Dapena with the person’s name, the jail and the charge. He will tell you what the first appearance involves, what a judge is likely to weigh, and what to bring. Criminal matters are handled on a flat fee, and any consultation charge is disclosed before the appointment. There are no payment plans on criminal matters. He appears for clients in Miami, Homestead and Tampa.