case so he will either retain a lawyer, he will be assigned a lawyer, and he'll have his first appearance in court tomorrow, but he will spend tonight in the jail in seminole county. >> his checkered legal past even goes back before that 2012 shooting. restraining orders, et cetera. you're a former federal prosecutor. can you as you're prosecuting a case like this, bring up any of that past? >> let me draw an important distinction here. on the question of bail, it will be relevant because the question of bail always involves two questions. are you a danger to the community, and if you have a record of arrests and not convictions, that's something a judge can take into consideration. also, are you a risk of flight. those are the sorts of issues a judge has very wide discretion on what to consider. if this case goes to trial, the jury will not be able to consider his acquittal in the trayvon martin case. that's a much more tightly controlled issue of the rules of evidence.