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40 verbatim requirements from administrative order 07-98-47-26 - Amended Order Governing First Appearance Proceedings, Notices to Appear, and Pretrial Release, Osceola County.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/AO07-98-47-26.pdf, harvested 2026-07-25; whitespace normalised only. • First Appearance shall be performed by each judge assigned to Osceola County on a rotating basis. • When the courthouse is closed, the emergency duty judge shall conduct the First • All pretrial matters not heard at the First Appearance shall be scheduled before the judge to whom the case is assigned, including bond hearings and modifications of release conditions. • ADA – upon booking of an individual that appears to require a sign language interpreter, the Clerk of Court or Osceola County Jail personnel (whoever first identifies the issue) shall immediately notify the supervising court interpreter via the number provided by Court • A person may not be released before his or her first appearance hearing . . . if the person meets and of the following criteria1: • (2) A homicide under chapter 782; or any attempt, solicitation, or conspiracy to commit a homicide; 1 Those crimes that require a First Appearance hearing under section 903.011(6), Florida Statutes, must be held for • Unauthorized aliens, as defined by section 811.101, may not be released before his or her first appearance hearing. • Except as provided in section 907.041, Florida Statutes, every person charged with a crime or a violation of a municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. • Bond amounts prior to First Appearance are not intended to and do not bind the judge at First Appearance or at any subsequent bond hearing. • Judges presiding over bond hearings shall consider the criteria for bond set forth in the applicable statute and rule and may not rely on the schedules attached to Ninth Judicial Circuit Court Administrative Order 2022-03-04. • Any motion for bail or bond for a defendant arrested for or charged with any of the offenses listed in B.(1) above, except burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency), shall include the following information: the charging affidavit and any other supporting documents; addresses and phone numbers of defendant; address and phone numbers of defendant’s employers; and any aliases of defendant. • Corrections staff shall immediately teletype to the other agency that the inmate must be picked up by a date and time certain or he/she will be released from jail on ROR or bond, unless the agency requests an extension for good cause shown. • The same procedure shall be followed by the Sheriff’s Extradition Deputy for out-of-state fugitives where the inmate has waived extradition or has been ordered surrendered after habeas corpus proceedings have been completed and Notice of Appeal was not filed or the appeal was dismissed or affirmed. • The time periods shall not include Saturdays, Sundays, and holidays, and shall be as follows: • The telephone contact and teletype message from the Correctional Release Specialist or the Sheriff’s Extradition Deputy shall provide a date and time certain for pickup. • If the time deadline passes without the pickup agency requesting an extension for good cause, the Corrections staff or the Sheriff’s Extradition Deputy, as the case may be, will notify the Clerk of Court within 24 hours from the next business day and the • Clerk shall place the inmate on the next First Appearance docket. • The first appearance judge shall set bond or make such other release determination. • If the inmate is held on a Florida warrant, the ROR order shall direct that he/she report to the proper court on a date and to be scheduled by the jurisdiction issuing the warrant; if the bond is set or reduced, the order shall direct that the inmate report to the court on a date and to be scheduled by the jurisdiction issuing the warrant. • If the inmate is held on an out-of-state charge, the order for ROR or setting bond shall direct that the inmate appear before the judge conducting fugitive hearings when notified. • Corrections staff or the Sheriff’s Extradition Deputy shall immediately notify the pickup agency contact person by teletype that this action was taken, and shall mail a copy of the order to the contact person. • Such authority shall extend only to those prisoners whom the State Attorney has determined shall not be prosecuted for the instant charged offense. • Nothing contained herein shall abrogate pretrial release, reduction of bond or other procedures established by Florida Law or Rule. • 948.064, Florida Statutes, but have not yet been arrested for a violation of probation, shall be placed on a five (5) day administrative hold. • Osceola County Corrections shall immediately notify the Department of Corrections of the new arrest so that the Department of Corrections can take the appropriate action. • Florida Rule of Criminal Procedure 3.130 requires that every person arrested on a criminal charge who is still in custody 24 hours after arrest must be taken before a judge for a • Persons arrested via a charging affidavit for violating the special condition of probation requiring that the defendant not return to the “prostitution mapping zone” must appear at the First Appearance proceedings and at such proceedings the judge may set a bond of the defendant’s release; • There shall be no first appearance detainer for an unserved summons or for notices to appear, or in cases where defendant was found incompetent to proceed. • There shall be no first appearance detainer where a defendant is arrested for a failure to appear warrant/capias. • However, persons found to meet specified criteria shall be released under certain conditions until proceedings are concluded and adjudication has been determined. • The Pretrial Services staff designated by the Chief of Corrections shall review inmates for pretrial release (“PTR”) prior to first appearance and for possible court ordered PTR. • Administrative Order 2022-03-04, shall be reviewed for possible release into the Program before • The accused person must reside in or own real property in the • In addition, the accused person must meet the following qualifications: i. • The accused person must have a risk assessment of Moderate or below; iii. • Pursuant to Florida Rule of Criminal Procedure 3.131, no person charged with a dangerous crime, as set forth above and as defined in section 907.041, Florida Statutes, shall be released on nonmonetary conditions under the supervision of a pretrial release service, unless the service certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041, Florida Statutes. • Based upon a criminal history investigation, the accused person must meet the following qualifications: • Pursuant to section 903.0351, Florida Statutes, in the instance of an alleged violation of felony probation or community control, bail or any other form of pretrial release shall not be granted prior to the resolution of the probation- violation hearing or the community-control violation hearing to: • However, Section VII.D. of this Order shall not apply where the alleged violation of felony probation or community control is based solely on the probationer or offender’s failure to pay costs or fines or make restitution payments. • If an accused person is ordered to PTR or Bond with PTR and it is determined that the accused does not meet the criteria for acceptance into the Program, the jail must notify the -- 11 of 24 --
First Appearance shall be performed by each judge assigned to Osceola County on a rotating basis.
Reviewer note: Order PDF sha256: 572bfe6fba7aca46ca4095ca7ebe5c859ec0f691a86c54fb6232d2f080b8f0a8. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.