First 72 Hours After an Arrest
At Reese Legal, we’ve stood beside hundreds of individuals during some of the most stressful moments of their lives. One of the most critical timeframes in any criminal case is the first 72 hours after an arrest. What happens during this short window can shape the rest of the case, from how charges are filed to how a judge views bail and release conditions.
In Florida, the hours following an arrest are filled with decisions, deadlines, and pressure. Law enforcement and prosecutors are moving quickly, and so should you. Having the right criminal defense strategy from the beginning can mean the difference between facing serious penalties or walking away with your rights protected.
In this article, we break down what happens after someone is arrested in Florida, what steps need to be taken, and how criminal defense representation during the first 72 hours can make a lasting difference.
Immediate Impact of an Arrest
When someone is arrested, it doesn’t mean they’ve been convicted of a crime. It means law enforcement believes there is enough reason to charge the person with breaking the law. But under the U.S. Constitution and Florida law, every person has rights—especially in the early stages of the legal process.
The arrest marks the beginning of a legal battle. What a person says or does right after being taken into custody can either help their defense or harm it. We always urge people to remain silent and ask for a lawyer as soon as they’re arrested. Talking to officers, trying to explain your side, or agreeing to searches without a warrant can put you in a worse position.
What Happens in the First 72 Hours?
Florida law requires certain actions to take place within the first few days after an arrest. Prosecutors, judges, and law enforcement are all working on a timeline. If you or a loved one is arrested, here’s what to expect.
Key Events in the First 72 Hours After Arrest
Booking and Processing
After an arrest, the person is taken to jail for fingerprinting, photographs, and basic identification. Charges are listed, and the individual is placed in a holding cell or general population.Initial Appearance (First Appearance)
Florida law requires that a person arrested be brought before a judge within 24 hours. At this hearing, the judge will inform the accused of the charges and decide whether they should be released or held in custody.Bond Hearing
In most cases, bond is set at the first appearance. The judge will consider the charges, criminal history, flight risk, and whether the person is a danger to others. Some serious charges may not allow for immediate bond.Appointment of Public Defender or Private Counsel
If the person does not have a lawyer, the court may appoint a public defender. But this is also the time when many families reach out to private criminal defense firms like ours. Hiring legal representation early helps control the direction of the case.Filing of Charges by the State Attorney
Within a few days—typically before the 72-hour mark—the State Attorney must decide whether to formally file charges. If they don’t have enough evidence, the person may be released without a case moving forward.Collection of Evidence and Statements
Law enforcement will be interviewing witnesses, reviewing videos, and collecting physical evidence right away. This is also the time when prosecutors often push for plea deals. We believe it’s vital to have legal guidance before saying a word.Contact with Family
Arrested individuals are usually allowed to make a phone call. That call often leads to hiring a lawyer. Families need to act fast to help protect the person’s rights and access to bail or release.
Every item on this list plays a part in building—or weakening—a criminal defense strategy. At Reese Legal, we move quickly once we’re hired, whether that’s filing motions, speaking to the prosecutor, or pushing for a release hearing.
Why the First Hearing Matters So Much
Many people don’t realize how powerful the first appearance hearing can be. In just a few minutes, a judge can make decisions that affect the rest of the case. If the judge denies bond or sets it too high, the accused may sit in jail for weeks before trial.
If bond is granted, we work to get reasonable terms so the person can return to work, care for their family, and meet court requirements.
We attend criminal defense bond hearings and present facts that show our client is not a flight risk or a danger to the public. This often includes background details, employment, family ties, and lack of prior arrests. Judges don’t always have that information unless we bring it to light.
What Prosecutors Are Doing During This Time
While the accused is dealing with booking, bail, and court appearances, the State Attorney is evaluating whether to file charges. This decision usually happens within 72 hours but can be extended if the accused is not in custody.
Prosecutors look at the arrest report, evidence, and any statements made by the accused. If they feel the case is weak, they may “no file” or reduce charges. That’s one reason why early criminal defense efforts can pay off—we sometimes present information to the prosecutor that affects their decision.
In some cases, we can speak to witnesses, gather video evidence, or present medical records that contradict law enforcement’s version of events. Prosecutors are more likely to drop or modify charges when we get involved early.
Your Rights After Arrest
Anyone arrested in Florida has rights protected by both the U.S. Constitution and state law. These include:
The right to remain silent
The right to an attorney
The right to a prompt court appearance
The right to reasonable bail (except for certain serious crimes)
Exercising these rights early makes a huge difference. Many people think they can talk their way out of trouble, but that usually backfires. At Reese Legal, we’ve seen too many clients hurt their cases by giving statements before speaking to a lawyer.
We always advise clients to be polite and cooperative with officers—but to decline answering any questions until we’re present. Once we’re involved, we make sure no further interviews or interrogations happen without proper legal protection.
Early Representation = Stronger Defense
There’s a reason we focus so much on the first 72 hours. Once decisions are made about bond, charges, and plea offers, they’re hard to undo. But during those first few days, there’s still time to shift the outcome.
We’ve helped clients get charges dropped before arraignment. We’ve also challenged illegal arrests, improper searches, and false statements—often using evidence gathered in the first few days.
A strong criminal defense doesn’t start at trial. It starts the moment someone is placed in handcuffs. Whether it’s a misdemeanor or felony, we treat every case with urgency and respect.
What to Tell Your Family
If your loved one has been arrested, there are a few criminal defense things you can do right away:
Get their full name, booking number, and location
Find out when their first appearance is scheduled
Call our office so we can begin building a defense
Do not post anything about the case online or on social media
Families are often the first line of support, and they’re also the ones who can help coordinate bail and legal representation. We work closely with families to make sure everyone knows what to expect and how to prepare.
Final Thoughts
At Reese Legal, we believe every person deserves strong criminal defense—especially in the earliest hours of a case. Florida law moves quickly after an arrest, and so do we. We’re proud to serve Orlando, Florida, and the surrounding areas. Call today to get started.