Once you have been arrested in Florida, you will be brought before a judge or magistrate within 24 hours for a First Appearance.  At the First Appearance, the judge will tell you what you are charged with and advise you of your Constitutional rights.  If you are entitled to be released, the judge will set a bond and/or impose non-monetary conditions for your release.

In many Florida counties, there will be an Assistant State Attorney present at First Appearances to tell the judge about your criminal history and to argue for a bond or conditions of release that the State wants imposed.

Sometimes, the judge will ask you questions.  Usually, these questions are about your financial condition to determine an appropriate bond.  Even so, the things you say are usually being recorded and your statements may be used againt you later on.

While many Florida counties will have an Assistant Public Defender present at First Appearances for the limited purpose of representing people at this initial hearing, the Public Defender will usually not know much about your case or you.  This is why, if possible, you should hire an attorney from Lavely & Whyte, P.A. BEFORE your First Appearance.  That way, we can appear on your behalf and explain your financial condition to the Court or present testimony from your friends or family to explain your financial situation.  If necessary, we can question you about your financial resources to try to limit the things you have to say on the record.

It is important to note that this discussion of First Appearances in Florida state courts is a very general one.  There are many statutes, rules of procedure and prior court decisions which affect First Appearances in Florida state courts, and you should speak with a qualified attorney- such as Board Certified Criminal Trial lawyer Stephen Mathew Whyte at Lavely & Whyte, P.A.- about First Appearances in Florida state courts if you have any questions about this area of the law.

While it is almost impossible to discuss all the different ways you can come into contact with a police officer, there are some very general guidelines to follow when you find yourself face-to-face with an officer. 

1.  First and foremost, stay calm.  Take some deep breaths and relax (although I know this is easier said than done). 

2.  Second, no matter what is going on, try to be polite and respectful to the officer.  This is just common courtesy and common sense, especially in a situation where the police are involved. 

3.  Third, remember that the police officer will want to be (and needs to be) in charge of the situation.  Emotions run high sometimes, and the officer is trained to deal with and is used to stressful situations.  Follow the officer’s instructions.  Most times, his instructions are meant to ensure his safety as well as the safety of you and others. 

4.  Do not make any sudden moves, and do not put your hands where the officer cannot see them.   While YOU know what your intentions are, the officer does not.  Sudden movements or hands that are concealed can be the beginning of a dangerous situation for the officer, and he will have no choice but to react accodringly.  If you must do something (reach for your wallet, open a glove box to get paperwork, etc.), you are better off announcing what you want to do and asking the officer for permission to make your moves.  This is especially true if you are lawfully carrying a concealed weapon.  Tell the officer what you have, where it is, and ask what he wants you to do next.  Put yourself in the officer’s shoes at the moment he catches a glimpse of the handgun in your waistband or in your center console.  That moment will be just the beginning of a very bad situation for all involved.

5.  Never approach an officer from the rear.  Like sudden moves and concealed hands, approaching an officer from the rear, especially quickly, will automatically put the officer in a defensive mode.  If you are coming up from behind, try to announce your presence as you approach, so the officer knows you are coming.  Try, “Excuse me, Officer,” or some other verbal announcement to clearly indicate where you are and that you are trying to get the officer’s attention.

6.  Finally, never, ever under any circumstances put your hands on a police officer.  Florida Statute 784.07(2)(b) makes it a 3rd degree felony to commit a Battery on a law enforcement officer (and certain, other special classes of people too).  Many people think a Battery is a punch, slap or kick, but a Battery can be as simple as touching another person without that peron’s permission, whether or not you cause bodily harm.  What’s one of the quickest ways to get yourself handcuffed and taken to jail?  Touch a law enforcement officer.  As the old saying goes, keep your hands to yourself.

As I said above, there is no way I could address all of the different ways that you could come in contact with a police officer.  What I have tried to do here is give you some general guidelines on how to conduct yourself- what to do and what not to do- when you find yourself face-to-face with a law enforcement officer. 

Please feel free to comment on my suggestions and to make your own suggestions about how we should conduct ourselves when dealing with a police officer.  Matt

Many times, very soon after an accident, the other driver’s insurance company will call you and ask you to give a recorded statement.  Don’t do it without first speaking with an attorney at Lavely & Whyte, P.A.  Unlike the lawyers at Lavely & Whyte, P.A., the other insurance company does not have your best interests in mind.  Their job is to minimize your damages and pay as little as possible on your claim.  More than once, the lawyers at Lavely & Whyte, P.A. have told insurance adjusters that our clients would answer their questions only after their insured answers our questions.  Not once has the other insurance adjuster taken us up on our offer.  What are they trying to hide?

Well, they’re at it again. The high volume advertisers are using a minuscule disclaimer ( fine print) to avoid misleading the public. Have you recently seen an advertisement on television where the lawyers are on the courthouse steps and reporters are clamoring for the lawyers’ attention? It could be misleading; according to the Florida Bar’s standing committee for advertising. The committee ruled this type of advertising is false, misleading and deceptive. However, the committee ruled a disclaimer (fine print) indicating it was a dramatization, not an actual event would bring the ad into compliance. Perhaps the dramatization was the lawyers actually appearing in a courtroom?

We’d like your opinion as to television advertisement.  Do you think as we do?  That many of these high-volume advertisers need directions to the courthouse to film their commercials?  Do you think insurance companies respect high volume advertisers, as they work on volume and accept low-ball settlements to feed their enormous advertising budget? What’s your opinion? Is it different than ours?
Please let us know.

P.S.  Don’t blink or you’ll miss the disclaimer