Florida Pretrial Release In a Nutshell
When a person is a arrested for a non-violent criminal offense in the State of Florida, the legislature intends for individuals to be released on nonmonetary conditions, referred to as Pretrial release. Within 24 hours of an arrest in Florida, an individual must be brought before a Judge to determine release conditions.
Some Florida Judicial Circuits have a bond schedule which dictates the amount of bond a person needs to post for a particular crime. In some larger counties such as Hillsborough and Pinellas, there may be hundreds of Defendants brought before the first appearance Judge on any given day.
The Florida Bar Criminal Procedure Rules Committee recently voted 28-0 to mandate that inviduals have legal representation at their first appearances. In many counties, first appearances is conducted via videoconferencing with the Judge remaining in the courthouse and the in-custody defendants located at the county jail. The Judge will assess the type of alleged crime, the individual's ties to the community, and the prior criminal history. In some instances an individual will be able to post bond, with cash or the assistance of a bondsman. A bondsman will typically charge 10 percent of the total amount of the bond ordered by the Judge.
Many Judicial Circuits, including the counties of Sarasota, Manatee and Desoto Counties, have a supervised release program. These individuals are county employees and act as quasi probation officers in making sure that individuals comply with their conditions of release. In many instances the Judge will mandate random urinalysis testing and no contact with any victim while the case is pending.
In certain cases, such as domestic battery, Florida law requires that no bond be set until a Judge sets the conditions of release at first appearances.
