Speak With Our Attorneys –
Phone:  941-306-3230
Advocates For The Accused
Since 1993
McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

Florida’s new pretrial release and detention laws in 2024

On Behalf of | May 31, 2024 | Firm News

Florida made significant changes to its pretrial release and detention laws in 2024. House Bill 1627 took effect on January 1, bringing new rules that affect how bail works in the state.

These changes aim to create a more uniform system but have sparked debate among officials and community members.

Uniform bond recommendations

Under the new law, the Florida Supreme Court must establish uniform bond recommendations that apply statewide. Before, each of Florida’s twenty judicial circuits could set their own bail amounts. This system led to variations in bail amounts across different regions. The new guidelines ensure consistency throughout the state.

Limits on lowering bail for felony charges

One major change is that lower court judges can no longer reduce bail amounts set by the Supreme Court guidelines. They can only increase them. Governor DeSantis supports this change, believing it will prevent judges from releasing individuals who should remain in custody. Critics argue that the law removes important judicial discretion. Judges often have detailed knowledge of individual cases, which helps them make fair decisions about bail.

Concerns from the community

Critics worry that the new law will harm local communities. Some argue that judges need the ability to reduce bail in certain situations. They believe that removing this discretion will keep individuals with strong community ties in jail. Thus the new law could negatively impact community activities and support systems.

Preventing repeat offenders from obtaining early release

The law also includes measures to prevent repeat offenders and those arrested for specific felonies from seeking pretrial release before their arraignment. Under the old rules, people charged with violent crimes could bond out of jail by paying the standard bond amount without seeing a judge. The new law addresses this issue by requiring judicial review for these cases.

Florida’s new pretrial release and detention laws aim to standardize bail procedures and enhance public safety. However, it makes matters more difficult for those accused of felonies and for their families.

FindLaw Network

Practice Areas