Being arrested changes the legal situation immediately, but it does not automatically put a lawyer in the room. There is a real window between arrest and formal representation, and what happens during it can shape the rest of the case.
- No automatic lawyer at arrest: a court-appointed attorney is typically assigned at First Appearance, not the moment of arrest.
- First Appearance happens fast: Florida requires it within 24 hours of arrest.
- You have to ask: court-appointed counsel generally requires an affirmative request, not just an inability to pay, and a $50 application fee usually applies.
- First Appearance is not Arraignment: these are different hearings, weeks apart, and missing the wrong one carries serious criminal exposure.
- The gap is real: until counsel is requested and rights are invoked, questioning can continue.
Do I automatically get a lawyer the moment I am arrested?
No. A court-appointed attorney is typically assigned at First Appearance, which happens after arrest, booking, and often after any interrogation has already occurred. Between the arrest and that hearing, a person can be without appointed counsel unless they have specifically invoked the right to remain silent and requested a lawyer.
When does a court-appointed lawyer show up?
At First Appearance, which Fla. R. Crim. P. 3.130 requires within 24 hours of arrest. A judge reviews probable cause, addresses bail, and appoints counsel for anyone who qualifies and requests it. For non-bondable offenses, such as those carrying a potential life sentence, bail is not set at this hearing at all, and a separate Arthur Hearing is required instead. In Miami-Dade, these hearings are held seven days a week, including holidays. See our full Bail and Bond Guide for how release decisions work at this stage.
Do I have to specifically ask for a public defender?
Generally, yes. Court-appointed representation is not automatic simply because someone cannot afford a private attorney. Florida courts have held that a defendant must affirmatively request counsel before one is appointed, rather than having a public defender assigned by default to everyone who appears without a lawyer. A $50 application fee typically applies under Fla. Stat. § 27.52, though a person found indigent cannot be denied counsel solely for failing to pay it upfront.
Is First Appearance the same thing as Arraignment?
No. First Appearance happens within 24 hours of arrest and focuses on bail and appointing counsel. Arraignment happens later, typically two to four weeks after arrest, once formal charges have been filed, and is where a plea is entered. The two are frequently confused despite being entirely different hearings. Missing arraignment without an attorney having filed a written plea can trigger a bench warrant, bond forfeiture, and a separate criminal charge for failure to appear, a first-degree misdemeanor carrying up to a year in jail under Fla. Stat. § 843.15.
Can police still question me before First Appearance?
Yes, unless the right to remain silent and the right to counsel have been clearly invoked. An arrest alone does not stop questioning. See our page on invoking your rights during a police encounter for the exact language that creates that protection, since the same principle applies after arrest as before it.
What should I do right now if I was just arrested?
State it directly: “I am invoking my right to remain silent, and I want a lawyer.” Stop answering questions beyond basic identification once that has been said. If a private attorney can be retained before First Appearance, that attorney can often be present for the hearing directly, rather than waiting to be assigned afterward.
If this has just happened
Every arrest involves specific facts about the charge, the evidence, and the timeline that shape what happens next, and that requires a real review, not a guess. Cases in Miami-Dade proceed through the Eleventh Judicial Circuit.
The first consultation is free and confidential, with no obligation to retain.