The flashing blue lights, the hard knock on the door, and handcuffs. Now what?
If you are reading this in the parking lot of the Volusia County Branch Jail, or after they finally let you go home, you’re probably not having the best day.
Take a breath.
What you do in the first hour after an arrest has an effect on how the rest of your case will go. The problem is that most people are not in any condition to handle this well. Here’s an outline that will help you think the way a Daytona Beach criminal attorney would want you to in that first 60 minutes.
First: Stop Talking
We see many serious criminal cases where at some point along the way, the client said something they shouldn’t have.
We understand. When you’re upset, maybe sitting in the back of a police car, sometimes it’s hard to keep quiet. But it makes your case that much harder when something you said is used against you by prosecution.
You have the right to remain silent under the Fifth Amendment of the United States Constitution. That right is not theoretical, and not a sign of guilt. It is there to protect everyone from their own words that may be said under duress.
The cleanest way to take advantage of this amendment is to simply say, “I want to remain silent and I want a lawyer.” After that, you do not need to say anything else.
Officers are trained to accept when someone invokes this right, and a Volusia County prosecutor will not hold it against you.
What Happens After You Are Arrested
Most people in Volusia County have not been arrested before, so it is a new experience. If you are arrested in Daytona Beach, Ormond Beach, Port Orange, or surrounding cities, you will likely be transported to the Volusia County Branch Jail, located on Indian Lake Road in Daytona Beach. Booking, including fingerprinting, taking your photograph, and a brief medical screening, takes a few hours.
Florida law requires that you be brought before a judge within twenty-four hours of your arrest, for a first appearance hearing. This is also sometimes called an advisory hearing. It is sometimes held at the courthouse, but is often done via video call from the jail.
The judge will do three things during your first appearance: Review your charges, decide whether there is enough evidence to keep you in custody, and either set bond or release you on your own recognizance. They also have the option of holding you without bond, depending on the charge.
Although the first appearance is short, you should have a Daytona Beach criminal lawyer present, if possible. A good attorney will argue for a reasonable bond, argue your ties to Volusia County, and get ahead of the prosecutor from the start.
Who to Call (and Who Not to)
When you finally have the opportunity to make a phone call, you will be tempted to call loved ones. Think this over first; almost every call from the Volusia County jail is recorded. There is a quick recording at the beginning that reminds people of this, but many times, people ignore it at their own expense. Anything you say on that call can end up being used against you in court.
So, your first call really needs to be to contact a lawyer. Or, if you do call a family member or friend, it should only be to ask them to find you a Daytona criminal lawyer, and not discuss the events that got you arrested.
It is only safe to talk to your family on the recorded line about childcare, contacting your workplace, or other logistics. The facts of the case should only be discussed with your attorney in person, off the recorded line, where the conversation is protected by attorney-client privilege.
A Word About DUI Arrests in Particular
A considerable number of the criminal arrests we see in Daytona Beach are DUI cases. Bike Week, the Daytona 500, Spring Break, and other events. If you are arrested for DUI in Volusia County, there are things you should be aware of; the biggest one has to do with your driver’s license.
Florida enacts an administrative suspension separately from your criminal case. You only have ten days after your arrest to request a formal review hearing with the Department of Highway Safety and Motor Vehicles. If you miss that ten-day window, your license is suspended automatically, even if you win your criminal case. A Daytona Beach criminal attorney can get this request submitted quickly, and fight to keep your license active.
While You Wait for Your Lawyer
Once you are released from jail and have hired a lawyer, there is a brief wait before the prosecutor files formal charges. Use this time well.
Write down everything you remember about your arrest. The location, what time it happened, what you had to eat or drink that day, and when. It’s also important to document the names of every officer you spoke with; what you said and how the responded. Whether they read you Miranda warnings, and at what point.
Also, preserve evidence. Save your clothes; do not wash any of them. Take photos of any injuries, and keep the photos with their original timestamps. And, we can’t stress this enough, don’t mention anything on social media about the case.
If there is an alleged victim, do not contact them in any way. Even an apology can become evidence, and contact with a victim can sometimes turn into a separate charge of witness tampering. Most importantly, attend ALL of your court dates. A failure to appear in Volusia County is a separate criminal offense, and it can convert a manageable case into a much harder one.
Helpful Advice
In our considerable experience, Volusia County judges do read the file. They notice when a defendant has been steady and present. They notice when defense counsel showed up early and prepared. Those small impressions can set the tone of the whole case.
Many criminal cases in Volusia County never go to trial. They are resolved by negotiating a plea, or agreeing to a pretrial diversion program, or, in some instances, with charges dropped outright. If the evidence is shaky and a defense attorney pushes back early, this becomes a possibility.
Your lawyer can use documents such as pay stubs, letters from employers, and other proof of community ties to aid your case. They can also use treatment records if there are documented mental health or substance issues. The version of you that the prosecutor sees on paper matters as much as the one sitting across from them in negotiation.
How Rice Law Firm Can Help
At Rice Law Firm, our criminal defense team has been representing the people of Daytona Beach, Ormond Beach, Port Orange, Palm Coast, DeLand, and the surrounding Volusia and Flagler County communities for decades.
We handle DUI, drug offenses, theft, assault and battery, domestic violence, traffic offenses, juvenile cases, and serious felony matters. We have seen what works at first appearances, and we know how to slow down a case that is moving too fast in the wrong direction.
If you or someone you know has just been arrested, the most useful thing you can do is call us now. We will tell you what your options are, and what your next steps should look like. Reach out for a confidential consultation. We are here when you need us.