PRETRIAL DETENTION:
Pretrial Detention is a situation where the State Attorney’s Office has filed a motion for pretrial detention as long as they’ve followed the proper procedure and met their burden of proof beyond a reasonable doubt.
This motion enables them to hold a person in jail with no bond. In other situations, a Judge may decide to hold someone without bond where the safety of the community or the integrity of the judicial system may be in jeopardy.
Frequently Asked Questions:
Q: What is the Pre-trial Detention rule in Florida?
A: The new rules compress the timeline for pretrial detention proceedings. The detention hearing must occur within five days of first appearance (or within five days of arraignment if the state files its motion later). A defendant may request a continuance, but only for up to five additional days, and only for good cause.
Q: Is Pre-trial Detention the same as jail?
A: Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a jail, prison or detention centre or held under house arrest.
Q: What are the consequences of Pretrial Detention?
A: Some research has demonstrated that even a short time in pretrial detention can significantly increase the likelihood that a person will be charged with a new offense. Other studies have suggested that the effect is greater for people who pose a lower risk of recidivism.
