If someone you love was just arrested, one of the first questions is how to obtain release. Florida law generally provides for pretrial release on reasonable conditions, but there are important exceptions. Article I, section 14 of the Florida Constitution, the decisions governing Arthur hearings, and Florida Statutes § 907.041 address when a person may be held without bond. Section 903.046 supplies the factors for bail decisions. This page explains how those rules fit together.
Bail is the general term for the conditions a court sets to release someone from custody while their criminal case is still pending — before any trial and before any finding of guilt. Those conditions can include a monetary bond (cash or a surety bond through a bail bondsman), release on the person's own recognizance with no money required (“ROR”), or release with specific pretrial conditions attached, such as no contact with an alleged victim, drug or alcohol testing, electronic monitoring, or restrictions on travel, driving, or internet access. A judge can also combine a monetary bond with non-monetary conditions.
Section 903.046(1) states the purpose in two parts, and everything else in the statute flows from these two goals:
Every factor discussed below exists to help a judge measure one or both of those two things.
Bail is typically addressed at a defendant's first appearance before a judge, which in Florida must happen within 24 hours of arrest. That is the hearing where the court reviews the charges, and — unless one of the exceptions discussed below applies — sets an initial bond amount and any special conditions of release. From there, either side can ask the court to revisit those conditions as the case develops.
Under Article I, section 14 of the Florida Constitution, a person charged with a capital offense or an offense punishable by life imprisonment is not entitled to pretrial release as a matter of right if the State establishes that the proof of guilt is evident or the presumption is great. A qualifying charge alone does not establish that heightened standard.
An Arthur hearing takes its name from State v. Arthur, 390 So. 2d 717 (Fla. 1980). It allows the defense to challenge whether the State has met the proof-evident-or-presumption-great standard and to seek release. The State bears the initial burden; a charging document alone is insufficient. Florida courts describe this standard as higher than proof beyond a reasonable doubt. It is a pretrial release determination, not a conviction.
If the State meets the standard, bond is discretionary rather than a right. The judge still has discretion under Arthur to grant or deny release. The defense may present evidence supporting suitable release conditions and bears the burden of showing that discretionary release is appropriate. If the State does not meet the standard, this constitutional exception does not justify continued detention, although a separate lawful basis for detention may apply.
At first appearance, a judge who finds probable cause for a capital or life-punishable offense may defer the bond decision and hold the defendant for a reasonable time pending a requested full Arthur hearing. A preliminary proof-evident-or-presumption-great finding is not required for that temporary hold. See Thourtman v. Junior, 338 So. 3d 207 (Fla. 2022).
Section 907.041(5) provides a separate detention process. A State motion alone does not establish grounds for detention; the State bears the burden at a hearing. Subsection (5)(c) lists detention grounds. Under (5)(d), a motion is mandatory for a dangerous crime classified as a capital, life, or first-degree felony when probable cause exists. Detention then requires substantial probability of commission and findings that release conditions cannot reasonably address safety, appearance, or judicial integrity.
The defendant has rights to counsel, present evidence, and cross-examine witnesses. A granted motion means custody without bond while the order remains effective, potentially through the case’s conclusion. Reconsideration is available for qualifying new information; dissolution is required when a later event eliminates the detention basis. See § 907.041(5)(h), (j)–(n). Posting money does not override that order.
Section 907.041(6) also contains a separate first-appearance detention presumption for unauthorized aliens charged with forcible felonies, subject to rebuttal under its terms.
Under § 903.046(2), the court is required to weigh the following factors together — subject to mandatory statutory restrictions and any applicable basis for detention:
The nature and circumstances of the offense charged (§ 903.046(2)(a)). What the person is actually accused of doing matters a great deal — a nonviolent misdemeanor and a violent first-degree felony are not treated the same way, even before any evidence is tested at trial.
The weight of the evidence (§ 903.046(2)(b)). How strong does the State's case appear to be at this early stage? This is not a trial on guilt or innocence, but the apparent strength of the evidence still factors into the release decision.
Ties to the community and personal circumstances (§ 903.046(2)(c)). This includes family ties, how long the person has lived in the area, immigration status, employment history, financial resources, and mental condition. In practical terms, the court is asking: how rooted is this person's life here, and what resources or vulnerabilities do they have?
Past and present conduct, including any criminal record (§ 903.046(2)(d)). This covers prior convictions, any past attempt to flee prosecution, and — critically — whether the person has ever failed to appear in court before. Florida law attaches real consequences here, discussed in its own section below.
The danger the person's release poses to the community (§ 903.046(2)(e)). This is a forward-looking safety assessment, separate from the danger-to-victims factor below.
Where the bail money is coming from (§ 903.046(2)(f)). The court can examine whether the funds, property, or collateral being used to post bail may be linked to the alleged crime or to other illegal activity. Importantly, the burden is on the defendant (or whoever is putting up the money) to show the funds are legitimate — not on the State to prove otherwise.
Whether the person is already on release or supervision elsewhere (§ 903.046(2)(g)). Being out on bond in another case, or on probation or parole, is a factor the court can weigh.
The street value of any drugs involved (§ 903.046(2)(h)). In drug cases, the Legislature has directed courts to think carefully about bail in relation to the value of the drugs involved — the concern being that someone with access to large drug proceeds could use that money to post bail and then disappear.
The risk of intimidation or danger to victims (§ 903.046(2)(i)). Separate from general community danger, the court specifically considers the risk to the alleged victim or witnesses in the case.
Whether there is probable cause of a new crime while already on release (§ 903.046(2)(j)). If someone is accused of committing a new offense while already out on pretrial release in another matter, that is a factor the court can weigh.
Any other relevant facts (§ 903.046(2)(k)). This is a catch-all — Florida law recognizes that no fixed list can capture every circumstance that might matter to a judge deciding whether someone is a flight risk or a danger to the community.
When release is legally available, community ties, stable employment, and a lack of criminal history can support appropriate conditions. Those circumstances do not guarantee release or override a lawful detention order.
Section 903.046(2)(d) carries a specific, mandatory rule that catches a lot of families off guard. If a defendant already failed to appear for a required court date in the same case:
Missing a required court date can significantly change the terms of release, which is one of many reasons it is critical to track every hearing date closely once a case is open.
Two categories of cases are treated differently under § 903.046 — release on bail or surety bond is unavailable until the defendant's first appearance, specifically so the prosecutor is present and has a chance to be heard:
Certain gang-related charges (§ 903.046(2)(l)). This applies to a violation of Chapter 874, Florida Statutes (Florida's criminal gang statute), or a charge alleged to be subject to enhanced punishment under Chapter 874 or reclassification under § 843.22, Florida Statutes.
Sexual offender or sexual predator registration (§ 903.046(2)(m)). If the defendant is required to register as a sexual offender under § 943.0435, Florida Statutes, or as a sexual predator under § 775.21, Florida Statutes, release on bail or surety bond is unavailable until first appearance — unless the only charge in the case is a misdemeanor traffic offense under Chapter 316.
In both situations, this is a delay in when bail can be addressed, not an automatic denial of bail altogether — release remains subject to other applicable detention provisions.
If release is legally available, it typically takes one of a few forms, sometimes combined:
Because these conditions are set based on the specific facts of a case, they can also be challenged or adjusted later if circumstances change or if a condition turns out to be broader than necessary — for example, preventing someone from working in their profession.
People often use the words interchangeably. Technically, “bail” is the broader legal term for the conditions of release — which can include a monetary amount, or no money at all. A “bond” usually refers specifically to the financial guarantee (cash, surety, or property) posted to secure release.
Yes. The capital-or-life exception addressed at an Arthur hearing and statutory pretrial detention are separate paths to a no-bond order. The requirements and the judge’s discretion differ, as explained above.
There is no fixed formula or chart. The judge weighs the factors in § 903.046(2) together — the charge, the evidence, the person's ties to the community, their record, and the others discussed below — and arrives at an amount or set of conditions based on that specific case.
Yes. A defendant can file a motion asking the court to modify bail or the conditions of release — for example, to lower a monetary amount, or to adjust a restrictive condition (like a curfew, travel limit, or device restriction) that is making it impossible to work or otherwise comply. The court can grant, deny, or partially grant that request.
No. A bail bondsman does not set or negotiate the bond amount — the judge does, based on the § 903.046 factors. A bondsman's role is to post the bond (typically for a nonrefundable fee, often around 10% of the bond amount) once the amount has already been set.
Being unable to post a monetary bond does not necessarily mean staying in custody until trial. An attorney can ask the court to reconsider the amount, request a nonmonetary or reduced-monetary form of release, or point to specific § 903.046 factors that support a lower or different condition.
Reviewed October 20, 2026. Fla. Const. art. I, § 14; Fla. Stat. § 903.046; Fla. Stat. § 907.041; State v. Arthur, 390 So. 2d 717, 719–20 (Fla. 1980); Martinez v. Jones, 348 So. 3d 1234 (Fla. 3d DCA 2022); Thourtman v. Junior, 338 So. 3d 207 (Fla. 2022); Third District opinion, case 3D25-2545 (March 16, 2026). This page provides general information; release depends on the charges, evidence, and applicable court orders.
If you or a family member is trying to understand a bail amount, a bond hold, or a restrictive release condition in a Florida criminal case, Blanco Law Center can review the order, explain what the judge considered, and discuss whether a motion to modify bail or its conditions may be appropriate.
Contact the firm to discuss your situation.