Florida Pretrial Detention: When Can a Defendant Be Held Without Bond?

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Florida Pretrial Detention: When Can a Defendant Be Held Without Bond?

Being arrested for a crime in Florida does not necessarily mean that a person will remain in jail until the case is resolved. In many cases, a defendant may be released before trial on bail, a surety bond, or other conditions of pretrial release.

However, Florida law also allows courts to order pretrial detention in certain circumstances. Pretrial detention means that a defendant remains in custody while the criminal case is pending and is not released on bail or other conditions.

Florida’s pretrial detention law is primarily found in Florida Statute § 907.041. The law establishes circumstances in which the State may seek to keep a defendant in custody before trial and sets out procedures governing a detention hearing.

What Is Pretrial Detention in Florida?

Pretrial detention is the continued incarceration of a person who has been arrested and charged with a crime but has not yet been convicted.

Pretrial detention is different from simply having a high bond. When a defendant is released on a monetary bond, the defendant may be able to obtain release by posting the required amount. A pretrial detention order, however, can prevent release even when the defendant is willing and able to post a bond.

Florida law provides specific procedures for determining whether detention is appropriate. The State generally has the burden of showing the need for pretrial detention.

What Florida Statute Governs Pretrial Detention?

The primary statute is Florida Statute § 907.041, titled “Pretrial detention and release.” The statute establishes circumstances in which pretrial detention may be sought and sets out procedures for detention hearings.

The statute also identifies certain offenses and circumstances that can result in a defendant being considered for pretrial detention.

What Is a “Dangerous Crime” Under Florida’s Pretrial Detention Law?

Florida Statute § 907.041 contains a specific definition of a “dangerous crime.”

The list includes numerous serious offenses, including:

  • Arson
  • Aggravated assault
  • Aggravated battery
  • Kidnapping
  • Homicide
  • Manslaughter, including DUI manslaughter and BUI manslaughter
  • Sexual battery
  • Robbery
  • Carjacking
  • Burglary of a dwelling
  • Stalking and aggravated stalking
  • Domestic violence offenses
  • Human trafficking
  • Certain drug-trafficking offenses
  • Extortion
  • Written threats to kill
  • Certain computer pornography and child-exploitation offenses
  • Attempts or conspiracies to commit qualifying dangerous crimes

The statute contains the complete definition, and whether a particular charge qualifies can be important when determining the available forms of pretrial release.

Does Being Charged With a Dangerous Crime Automatically Mean You Will Be Held Without Bond?

Not necessarily.

Florida law provides special rules for people charged with dangerous crimes, but the precise circumstances of the arrest, the probable-cause determination, the defendant’s history, and the applicable statutory criteria can affect whether detention is ordered.

For example, a person arrested for a dangerous crime generally cannot be granted nonmonetary pretrial release at first appearance if the court has determined that probable cause exists to believe the person committed the offense.

In other circumstances, the State may file a motion asking the court to order pretrial detention. The court must then apply the statutory requirements before deciding whether detention is appropriate.

When Can the State Ask for Pretrial Detention?

Florida Statute § 907.041 identifies several circumstances that can support a motion for pretrial detention.

Among other things, the statute addresses situations involving:

  • Previous violations of conditions of release;
  • Threats, intimidation, or injury involving victims, witnesses, jurors, or judicial officers;
  • Certain controlled-substance trafficking charges;
  • DUI manslaughter allegations meeting the statutory requirements;
  • A present threat of harm to the community;
  • Being on probation, parole, or another form of release when the alleged new offense occurred;
  • Violations of pretrial release or bond conditions; and
  • Certain defendants who have qualifying prior violent-offender or prison-releasee-reoffender classifications.

The statute requires the court to consider the defendant’s past and present patterns of behavior, the criteria contained in Florida Statute § 903.046, and other relevant facts when applicable.

What Factors Does the Court Consider?

Florida law identifies a number of factors relevant to determining whether a defendant should be released and, if so, under what conditions.

Under Florida Statute § 903.046, the court considers factors that include:

  • The nature and circumstances of the alleged offense;
  • The weight of the evidence against the defendant;
  • Family ties and length of residence in the community;
  • Employment history and financial resources;
  • Immigration status;
  • The defendant’s past and present conduct;
  • Prior convictions;
  • Previous flight to avoid prosecution;
  • Previous failures to appear in court;
  • The nature and probability of danger to the community;
  • Whether the defendant is already on another form of release, probation, or parole;
  • The nature and probability of intimidation or danger to victims; and
  • Other facts the court considers relevant.

These factors demonstrate why a pretrial detention hearing is often highly fact-specific.

How Does a Pretrial Detention Hearing Work?

When a detention hearing is required, the court conducts a hearing to determine whether the defendant should remain in custody.

Depending on the circumstances, Florida law generally requires the hearing to take place within five days after the defendant’s first appearance or, in certain situations, within five days after the State files its detention motion.

The defendant has the right to be represented by counsel, present witnesses and evidence, and cross-examine witnesses.

The State has the burden of showing the need for detention.

Can Hearsay Be Used at a Pretrial Detention Hearing?

Yes. Pretrial detention hearings do not follow all of the same evidentiary rules that apply at a criminal trial.

Florida Statute § 907.041 provides that the rules governing admissibility of evidence in criminal trials do not apply to the presentation and consideration of evidence at a detention hearing. Under the statute, a court may consider hearsay in a detention proceeding.

There is an important limitation: evidence obtained in violation of the United States Constitution or the Florida Constitution is not admissible.

Does the Defendant Have the Right to an Attorney at the Detention Hearing?

Yes.

Florida law expressly provides that a defendant is entitled to representation by counsel at a pretrial detention hearing. The defendant may also present witnesses and evidence and cross-examine witnesses.

This makes preparation for the hearing important. The defense may need to address the State’s allegations as well as issues involving the defendant’s residence, employment, family ties, criminal history, prior court appearances, and potential conditions of release.

Can a Judge Order Pretrial Detention Without a Hearing?

Florida law establishes specific procedures for pretrial detention. In cases where a detention hearing is required, the court must conduct the hearing and make findings supporting the detention order.

The final detention order must be based on the evidence presented at the hearing and must contain findings of fact and conclusions of law supporting the decision. The court must render its findings within 24 hours of the detention hearing.

Can Pretrial Detention Be Challenged Later?

Yes.

Florida Statute § 907.041 allows a party to seek reconsideration of a pretrial detention order when information becomes available that was not known at the time of the original detention hearing and that has a material bearing on whether conditions of release or bail can reasonably protect the community and assure the defendant’s appearance.

The statute also provides that a defendant is entitled to dissolution of a pretrial detention order when the court determines that a subsequent event has eliminated the basis for detention.

What Is the Difference Between Pretrial Detention and a High Bond?

This distinction is important.

A high bond generally means that the court has permitted release subject to a monetary condition. If the defendant satisfies the requirements for posting the bond, release may be possible.

Pretrial detention is different because the court has determined that release should not occur under the circumstances permitted by the applicable detention statute.

Whether a defendant is facing a bond issue or a request for pretrial detention can therefore significantly affect the strategy for seeking release. You can also learn more about Florida bond reduction hearings and the issues that may arise when seeking a lower bond.

What Can a Defense Attorney Do at a Pretrial Detention Hearing?

A defense attorney can examine the legal and factual basis for the State’s request for detention and determine whether the statutory requirements have been satisfied.

Depending on the circumstances, the defense may address issues such as:

  • Whether probable cause exists;
  • Whether the charged offense qualifies under the applicable detention provisions;
  • The reliability and strength of the evidence;
  • The defendant’s criminal history;
  • Prior court appearances and compliance with release conditions;
  • Employment and community ties;
  • Family responsibilities;
  • Potential conditions of release;
  • Whether electronic monitoring or other restrictions could address the State’s concerns; and
  • Whether the State has established the requirements necessary for detention.

The appropriate approach depends on the facts of the particular case.

Pretrial Detention in Sarasota County

If you or a family member has been arrested in Sarasota County and the State is seeking pretrial detention, the situation can be substantially different from an ordinary bond hearing.

A pretrial detention hearing can determine whether a defendant remains in custody while the criminal case proceeds. Because the statute establishes specific legal standards and procedural requirements, it is important to understand exactly what the State is alleging and what evidence it intends to present.

An experienced Sarasota criminal defense attorney can review the circumstances of the arrest, the charges, the defendant’s history, and the applicable detention provisions.

Frequently Asked Questions About Florida Pretrial Detention

Can you be held without bond in Florida?

Yes. Florida law permits pretrial detention in specified circumstances when the statutory requirements are satisfied.

How long can a pretrial detention hearing take?

Florida Statute § 907.041 generally establishes a five-day time frame for required detention hearings, although the statute also permits certain continuances.

Does the State have to prove the defendant committed the crime at a detention hearing?

The standard at a pretrial detention hearing is not the same as the standard for a criminal conviction at trial. The applicable provisions of § 907.041 establish different requirements depending on the type of detention proceeding.

Can a defendant present evidence at a detention hearing?

Yes. Florida law provides the defendant with the right to present witnesses and evidence and to cross-examine witnesses.

Can a pretrial detention order be changed?

Under specified circumstances, yes. Florida law allows reconsideration when previously unknown information has a material bearing on whether detention remains necessary. A detention order may also be dissolved when a subsequent event eliminates its basis.

Facing Pretrial Detention in Sarasota?

Pretrial detention can keep a person in jail while a criminal case is pending, even before the case has gone to trial. Florida law provides specific standards and procedures governing when detention may be ordered.

If you or a family member is facing a request for pretrial detention in Sarasota County, it is important to address the detention issue promptly. The facts surrounding the arrest, the charges, the evidence, and the defendant’s history can all be relevant.

Contact an experienced Sarasota criminal defense attorney to discuss your situation and determine what options may be available.

The fact that the State is seeking pretrial detention does not mean that the detention request should simply go unanswered. The applicable statute, evidence, and circumstances of the individual case should be carefully examined.