Pretrial Detention and Release – FS. 907.041

What does Florida Law say about: Pretrial Detention and Release?

It is the policy of the State of Florida, that persons committing serious criminal offenses, posing a threat to the safety of the community or the integrity of the judicial process, or failing to appear at trial be detained upon arrest.

However, persons found to meet specified criteria shall be released under certain conditions.

Read: Chapter 907 of the Florida Statutes

Dangerous Crime

No person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing;

however, the court shall retain the discretion to release an accused on electronic monitoring or on recognizance bond if the findings on the record of facts and circumstances warrant such a release.

A “dangerous crime” means any of the following:

1. Arson;

2. Aggravated assault;

3. Aggravated battery;

4. Illegal use of explosives;

5. Child abuse or aggravated child abuse;

6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;

7. Aircraft piracy;

8. Kidnapping;

9. Homicide;

10. Manslaughter;

11. Sexual battery;

12. Robbery;

13. Carjacking;

14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;

15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;

16. Burglary of a dwelling;

17. Stalking and aggravated stalking;

18. Act of domestic violence as defined in s. 741.28;

19. Home invasion robbery;

20. Act of terrorism as defined in s. 775.30;

21. Manufacturing any substances in violation of chapter 893;

22. Attempting or conspiring to commit any such crime; and

23. Human trafficking.

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Whether your going Prose, being represented by a public defender or retaining a criminal defense attorney, It is important to understand the circumstances, conditions and criteria’s of your case.

Read: State of Florida Statutes – Chapter 907 – Procedure After Arrest to learn more.

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