If you were arrested for breaking a criminal law and have not bonded out of jail, you will have first appearance the following day. Usually done by video link from the county jail, at this time the judge will review the arrest affidavit to determine if there was probable cause for your arrest and he will review the bond amount. If you can post bond, you will be released from jail.
Your next court date will be an arraignment by which time the state attorney's office will have filed formal charges against you.
If you have already met with and retained Criminal Defense Attorney David Kaplow, you will not have to appear for this court date. He will enter a plea of not guilty on your behalf and your case will be set on a judge's docket call, at which you must appear.
David Kaplow will obtain all police reports, witness statements and all other evidence intended to be used against you. He will discuss the facts of your case, as well as, all possible defenses. From the moment David Kaplow is retained to represent you, he is in contact with the state attorney prosecuting your case in an effort to obtain a favorable resolution for you. He will research and determine if there are appropriate motions to be filed that would result in either the suppression of evidence or a dismissal of your case.
First Appearance on the Treasure Coast is usually done by video link from the county jail. A judge will read the arrest affidavit and determine if there was probable cause for an arrest and will review and set a bond amount.
Arrest Affidavit is a sworn statement by the arresting officer that will state the facts and the probable cause for the arrest.
Probable Cause is a set of facts and circumstances known to an officer that would reasonably warrant the belief that an offense was committed or is being committed. This is a more than suspicion, but less than proof beyond a reasonable doubt.
Bond is a money or property, real or personal, that is deposited with the court to ensure that the accused person will appear in court when required to do so. Once the case is resolved, the security deposited will be returned even if the defendant is ultimately convicted. However, the security deposit is forfeited once the defendant fails to appear in court or violates any conditions of the bond.
Arraignment is the procedure where the accused is brought before the court to plead to the criminal charges against them. The charge is read and the accused is asked to plead guilty, not guilty, or no contest.
Docket Call is when the judge gathers and calls all of the open cases in court. The defendants with their attorneys are asked if they are setting the case for a plea of no contest or guilty or, if they will be requesting a continuance or, if they are pleading not guilty and setting the case for trial.
Phone: (772) 221-2100
900 East Ocean Blvd, Suite 232, Stuart, Florida 34994
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David Kaplow received his Bachelor of Arts degree from the State University of New York at Binghamton, his Master of Arts degree from the University of Chicago, and his Juris Doctor from Florida State University.
For over 20 years, David Kaplow has been practicing criminal defense law on the Treasure Coast. When he began his career as an Assistant Public Defender, David Kaplow successfully defended his clients with dedication and compassion. He was quickly promoted to handle major felony charges while serving as the head of the Misdemeanor Division in Martin County.
David Kaplow has helped thousands of clients charged with both misdemeanors and felonies. He also has extensive experience representing clients in jury trials on charges ranging from misdemeanor offenses such as DUI, domestic battery and retail theft, to more serious felonies like drug sales, aggravated battery, sexual offenses, attempted murder and murder.