In 2024, Florida broadened the conditions under which a criminal defendant may be denied pretrial release. A new statute allows courts to withhold bond for a defendant accused of a crime that poses a heightened risk to public safety if there is a substantial probability that the defendant committed the crime. 

Florida Statute 907.041 applies to offenses designated as "dangerous crimes," which include aggravated assault, aggravated battery, sexual battery, kidnapping, robbery, arson, murder, manslaughter and armed burglary. Crimes involving weapons, drug trafficking, and sexual offenses against children are also classified as dangerous under this statute. Moreover, if the dangerous crime is a capital felony, a life felony or a felony of the first degree, and the court finds there is probable cause to believe the defendant committed the offense, the prosecutor is required to move for pretrial detention.

The prosecution must meet a substantial burden of proof, demonstrate that there is a "substantial probability" that the defendant committed the charged offense. This requires the court to hold a pretrial detention hearing at which the prosecutor and defense attorney can present evidence. The prosecutor must also show that no conditions of release could reasonably ensure the safety of the community or specific individuals. If the defendant is charged with a violent crime or has a history of similar offenses, the prosecutor might argue that release would present a significant danger, even if restrictions like electronic monitoring or curfews were imposed. 

A Florida criminal defense attorney can use several strategies to advocate for the defendant’s release. The attorney can challenge the prosecution’s evidence, arguing that substantial probability has not been met, potentially by questioning the reliability or credibility of witnesses or the adequacy of the investigation. They can also propose a combination of pretrial release conditions — such as house arrest, regular check-ins, and restrictions on travel — that would alleviate concerns about public safety.

The defense may argue that the defendant has strong community ties, lacks a criminal history or has shown cooperation with authorities, which can support their case for bond. The attorney may introduce evidence or witnesses attesting to the defendant’s good character or stable background, emphasizing that these factors reduce the risk of noncompliance with court orders. Ultimately, the defense’s goal is to convince the court that conditional release is both viable and safe.

At the Law Offices of Tad A. Yates, P.A. in Orlando, we aggressively advocate for the rights of Florida criminal defendants before trial, including pretrial release on bond. Call 407-608-7777 or contact us online today to schedule a consultation.