Volusia County Criminal Defense and Personal Injury Lawyer

Step 1 - Booking

After someone gets arrested in Volusia County, they are booked at the Volusia County Branch Jail in Daytona Beach, Florida. Each county has its own jail used to house arrestees. Sometimes a person who has been arrested can be held at the police department’s holding cell until they are transported to the county jail. This is always an unpleasant experience but there are major implications that can affect your case down the road. First, you are stripped of your clothing and all items you are carrying with you. Jail guards take an inventory of every item in your pocket and on your person and they record that inventory while you are being booked. If you have additional contraband on you, it can lead to additional charges. In addition, that inventory can be used as evidence against you later on if it becomes relevant, or it can be used in your defense. Either way know that everything that is in your pockets will be searched, inventoried, and recorded.

In addition to having your personal effects taken from you, you will be photographed for your “mugshot.” This mugshot will be posted online along with a list of the charges for which you were arrested. This mug shot can also be used against you in court and can be an embarrassing subject of conversation for people you know down the road. It is visual confirmation of your arrest and it is public record. Please be cognizant that you should remain composed in your mugshot to avoid giving the State further evidence as your state of mind the evening you were arrested.

Thompson Law, P.A. is open twenty-four hours and Attorney Thompson will attend first appearances and will help you if you, or someone you love, has been arrested and booked into jail. Please contact Attorney Thompson at 386 463 4LAW (4529), or toll free at 877-934-4LAW (4529).

Step 2 - First Appearances

If someone you know has been arrested in Volusia County, the first time that he or she will see a judge is at a hearing called First Appearances. First Appearances are held at the Volusia County Branch Jail in a small courtroom in the main jail at 1300 Red John Road, Daytona Beach, Florida. First Appearances are held within twenty-four (24) hours of an arrest, unless the person arrested is hospitalized or is suffering from severe mental illness.

First Appearances are held daily, every day of the year. If the First Appearances fall on a weekend or a holiday, the hearings begin at 8:30 AM. If First Appearances are held during a weekday, the hearings begin at 1:30 PM.

At every First Appearance, there is a judge, a prosecutor, a public defender, an employee from the Clerk of Court, and members of Pretrial Services. If you retain an attorney, your attorney may appear on the arrestees behalf as well. There is no single particular judge who is assigned to handle First Appearances, each judge rotates First Appearance duty.

First Appearances are held to determine two things: First, the presiding judge will determine whether there is probable cause for the crimes for which the accused was arrested. At this time, the accused will learn the charges they are facing. Second, the Judge will determine the amount of bond to place on each charge for which the accused was arrested and set any additional conditions of bond.

First Appearances, like most all other court hearings, are public hearings. Therefore, you may attend First Appearances should you choose to do so. If you are there to support a loved one, the Judge may give you an opportunity to speak before the Judge determines a bond amount. If you are a victim of a crime and you are going to face your accused, the Judge may ask you to speak to determine a bond amount or to determine conditions of bond, though your presence is not required. Each judge is different in what they are, and are not, willing to listen to from the attendees.

First Appearances are not trials. First Appearances are also recorded and everything anyone says inside the courtroom is recorded and spoken in the presence of the prosecutor. Many people hope that they can “talk their way out of jail.” This is not the case. The prosecutor who attends first appearances takes notes on everything you say. If you say something that can be used against you, the State is going to pull the recording of a First Appearance and use the evidence of your statements against you during the prosecution of your case. It is best to let your attorney speak for you in this situation. If your bond is too high, please seek the advice of your attorney to attempt to get the bond lowered. Otherwise, it is best to stand there, be respectful to the court, and stay quiet.

Attorney Matt Thompson has attended many First Appearances both as a prosecutor and as a defense attorney. Attorney Thompson has the legal knowledge to help guide you through your initial appearance. Attorney Thompson will appear on his client’s behalf and argue for lower bonds for his clients. More importantly, Attorney Thompson has the requisite experience to argue when the State does not have probable cause to hold his clients in custody, which can result in drastically lower bonds and even having his client released on their own recognizance. Thompson Law, P.A. is open twenty-four hours and Attorney Thompson will attend first appearances on weekends and holidays. Please contact Attorney Thompson at 386 463 4LAW (4529), or toll free at 877-934-4LAW (4529).

Step 3 - Arraignment

As your case progresses, the first time you will go in front of the judge who will preside over your case will be at your arraignment. In Volusia County, which includes DeLand and Daytona Beach courthouses, arraignments are typically set within 3-5 weeks after the arrest.

At your arraignment, you will only have three options: (1) the first is to plea guilty; (2) the second is to plea not guilty; (3) the third is to plea nolo contender or no contest. If you enter a plea of guilty or no contest, your case will likely be resolved on the day of arraignment and the judge will determine your sentence. If you plea not guilty, your case will be reset before the same judge at a later court hearing called a pretrial, or a docket sounding at a later date. If you plea not guilty, you, or your attorney, will have an opportunity to review the discovery, or the evidence the State has against you.

An arraignment is important because it is at this time that you find out what criminal statutes with which you have been formally charged. If you are arrested for a felony, the State files an Information, which states the time, date, and statute under which you are charged. The State may file different charges than what you are arrested for, which can include lesser included charges or other crimes the State sees fit based on the police report and other evidence they have at the time you are formally charged. If you are arrested for a misdemeanor, the State has the option to file an Information, or you can be charged by citation, such as a DUI citation.

Attorney Matt Thompson has experience as a former prosecutor and will work hard to make progress on your behalf before the arraignment date. Often times, there is a period between when you are arrested and when you are formally charged, and this time can be crucial to your case. Attorney Thompson wants to provide the State with more information about you than what is simply contained in the police report. You are more than what the police have to say about you: let Attorney Thompson be your voice. Once you hire Thompson Law, P.A., Attorney Thompson files a written plea of not guilty and waives your appearance at the arraignment. This can be beneficial so that you do not need to take time off of work, or feel embarrassed or overwhelmed by showing up to court without representation. To find out more, please contact attorney Matt Thompson to schedule a free consultation before your arraignment by contacting (386) 463-4LAW (4529), toll free at (877) 934-4LAW (4529).

Step 4 - Pretrial Hearings

Once criminal charges are formally filed against you, your case will be set before the judge on an active trial docket. You will receive notification from the Clerk of Court each month as to the time and date of your pretrial hearings. Pretrial hearings are scheduled monthly and are coupled with a tentative trial date. Pretrial hearings allow the judge to (1) monitor the progress of your case; (2) schedule pretrial motions that need to be heard before trial; and (3) if necessary, schedule a trial date. Every criminal case has a pretrial hearing and they are often combined with numerous other cases pending before the court. Your attorney, the State Attorney, and the Judge, all attend pretrial hearings.

Pretrial hearings are mandatory and necessary hearings. Your attendance is required for each pretrial hearing. All pretrial hearings are audio and video recorded, and anything you say during the hearing can be used against you at a later time.

If you hire a private attorney, such as Attorney Matt Thompson at Thompson Law, P.A., you have the ability to waive your presence at the hearing and allow your attorney to attend the hearing on your behalf. In Volusia, Seminole, and Orange County, the courts allow your attorney to file a waiver and effectively waive your presence at the pretrial.

At Thompson Law, Attorney Matt Thompson limits the number of cases he takes monthly so that he can provide personal contact with each of his clients. Even though you do not attend a pretrial hearing, you are kept informed as to what Attorney Thompson anticipates will happen at the hearing and he will follow-up after the hearing takes place to apprise you of any changes in the status of your case. If you would like to schedule a free consultation, call Attorney Thompson at (386) 463-4LAW (4529), toll free at (877) 934-4LAW (4529). Attorney Thompson is eager to share his experience and discuss your case at a consultation free of charge.

Step 5 - Motion Hearings

As your case progresses through the criminal justice system, your attorney may find it necessary to file motions in your case and schedule the motion for a hearing before the judge. Attorney Thompson begins to review the potential legal issues in your case before you meet with him for the first time. Attorney Thompson will take the time to explain to you any and all potential motions that he may file in your case and how this may benefit you.

Once a motion is filed in your case, Attorney Thompson will schedule a time where he can call witnesses, present evidence, and give argument to the court to defend you in your case. Typically, hearing times are scheduled a two to three weeks in advance to allow the State an opportunity to provide argument and subpoena witnesses, and to give the attorneys time to prepare their argument. The State may also choose to file a motion in your case and set it for hearing. During the time before your hearing, Attorney Thompson will use his experience in the courtroom to prepare you for the hearing that is approaching. Typically, during this hearings, you are the only case before the court and your case has the judge’s undivided attention. If you would like to discuss any potential legal issues about your case, please contact Thompson Law at (386) 463-4LAW (4529) or toll free at (877) 934-4LAW (4529) to schedule a free consultation.

Step 6 - Docket Sounding

Docket Sounding is typically a term for the judge “sounding” the docket for the last time before a case goes to trial. In Daytona Beach and DeLand, Florida, criminal judges usually require the presence of the accused at the docket sounding to review any last minute issues before trial and to discuss scheduling your trial. This is often the last time a defendant is able to resolve his or her case before trial begins.

Docket Soundings are scheduled 2-4 weeks after a pretrial hearing. The docket sounding is usually held on a Thursday or Friday before trial, which will begin the following Monday. If you would like to schedule a free consultation, call Attorney Thompson at (386) 463-4LAW (4529), toll free at (877) 934-4LAW (4529). Attorney Thompson is eager to share his experience and discuss your case at a consultation free of charge.

Step 7 - Jury Selection

The first step in the process of going to trial is jury selection. In Volusia County, jury selection begins on the first day of the week, typically a Monday morning unless there is a holiday.

In Volusia County, jury selection is held at either the Daytona Beach or the DeLand Courthouse. Jurors from all over Volusia County are summoned to court and they are randomly selected to participate in a jury pool from the attorneys to choose from. Once the jury pool arrives in the courtroom, the attorneys begin the process of “voir dire”.

Translated literally, voir dire means “to speak the truth”. Voir dire gives both the prosecutor and defense attorney to ask questions to perspective jurors to determine whether they are fit to be a juror in your case. Each attorney has their own individual style and process of voir dire and this can change from case to case. Attorney Thompson has experience in trying a wide array of cases, including traffic violations, drug/narcotics charges, driving under the influence (DUI/DWI), burglary charges, resisting law enforcement, violent crimes, sexual assault and battery, and homicide. In each case, Attorney Thompson works hard to plan a strategy during voir dire to put his client in the best position possible at the time of the actual trial.

Once a jury is selected, your case is scheduled for the evidentiary portion of the trial later in the same week. At that time, the jurors who are selected to hear your case return to the courthouse and listen to the attorneys present evidence and argument.

If you would like to schedule a free consultation, call Attorney Thompson at (386) 463-4LAW (4529), toll free at (877) 934-4LAW (4529). Attorney Thompson is eager to share his experience and discuss your case at a consultation free of charge.

Step 8 - Trial

There are two types of trials in Florida. The first is bench trial (also known as a non-jury trial), where the judge decides the outcome of your case; and the second is a jury trial, where a jury decides the outcome of your case. If you are scheduled for a jury trial, the jury returns after voir dire to hear the evidentiary portion of your trial. In Volusia County, trial takes place located in one of the courthouses located in Daytona Beach, Florida, or at the courthouse located in DeLand, Florida, depending on where your case is set. In the State of Florida, the State, or the prosecutor, has the burden of prove your guilt beyond all reasonable doubt. If the prosecutor does not meet this burden, then the jury must find you not guilty.

At the time of the trial, you are not required to present evidence, however, your attorney is able to cross examine the witnesses that testify against you, present evidence and witnesses on your behalf, you have the right to testify or remain silent, and your attorney will present argument on your behalf. Trial can be overwhelming and confusing. You should have a skilled and experienced attorney who can guide you through the process. . If you would like to schedule a free consultation, call Attorney Thompson at (386) 463-4LAW (4529), toll free at (877) 934-4LAW (4529). Attorney Thompson is eager to share his experience and discuss your case at a consultation free of charge.