Release After An Arrest
Fla. Stat. 907.041 — a presumption of nonmonetary release, with exceptions
In Florida, a bail determination exists to ensure the defendant appears at later proceedings and to protect the community from unreasonable danger from the defendant.
- The nature and circumstances of the offense charged, and the weight of the evidence.
- The defendant's family ties, length of residence in the community, immigration status, employment history, financial resources and mental condition.
- The defendant's past and present conduct, including convictions, previous flight and failures to appear.
Release without money is presumed, except for a dangerous crime. The Legislature created a presumption in favor of release on nonmonetary conditions for anyone granted pretrial release, unless the person is charged with a dangerous crime as the section defines it, or is an unauthorized alien charged with a forcible felony. A person arrested for a dangerous crime may not get nonmonetary release at the first appearance hearing if the court finds probable cause.
The procedure for pretrial release is governed by rules the Supreme Court adopts, and those rules are not set out here.
Sources for this section (2)
- Fla. Stat. 903.046 — Purpose of and criteria for bail determination
- Fla. Stat. 907.041 — Pretrial detention and release
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.