What To Expect at a Florida Bond Hearing
February 19, 2026
If you or a loved one has been arrested in Florida, one of the first and most important court proceedings you will face is a bond hearing. This hearing determines whether a defendant can be released from custody while their case is pending—and under what conditions.
Understanding what to expect at a Florida bond hearing can help reduce uncertainty and ensure that your rights are protected during this critical stage of the criminal process.
What Is a Bond Hearing in Florida?
A bond hearing is a court proceeding where a judge decides whether to grant a defendant pretrial release and sets the conditions of that release. Bond is a financial or legal guarantee that the defendant will appear in court and comply with all court-ordered conditions.
In Florida, bond hearings often take place shortly after arrest, usually within 24 hours, depending on the charges and the county.
First Appearance vs. Bond Hearing
In many cases, a bond decision is made during the defendant's first appearance before a judge. However, for more serious offenses—or when the prosecution seeks higher bond or pretrial detention—a separate bond hearing may be scheduled.
During first appearance, the judge typically:
- Reviews the charges
- Informs the defendant of their rights
- Determines probable cause
- Sets or denies bond
If bond is denied or set too high, a defense attorney may request a subsequent bond hearing to argue for modification.
Factors Judges Consider When Setting Bond
Florida judges must evaluate several statutory factors before determining bond, including:
- The severity of the alleged offense
- The defendant's criminal history
- Whether the defendant is a flight risk
- Community ties (family, employment, residence)
- Prior failures to appear in court
- Public safety concerns
- Whether the defendant is on probation or parole
Judges are required to impose the least restrictive conditions necessary to ensure court appearance and community safety.
Types of Bond in Florida
Depending on the case, a judge may order one or more of the following:
Monetary Bond
- A set dollar amount that must be posted for release
- May be paid in full or through a bail bondsman (usually 10%)
Pretrial Release (ROR – Release on Recognizance)
- No money required
- Defendant agrees to comply with conditions of release
- Has reporting requirements to the program
Surety Bond
- Posted through a licensed bondsman
No Bond
- Ordered in certain serious cases, such as capital offenses or first degree felonies punishable by life in prison (PBL's)
- Although no bond is set, the defendant has the right to have an Arthur Hearing to attempt to get the judge to set a bond
Conditions of Release
If bond is granted, the judge may impose conditions such as:
- Possible prohibited contact with alleged victims or witnesses
- Travel restrictions
- Drug or alcohol testing
- GPS monitoring
- Curfews
- Surrendering firearms
- Compliance with pretrial services
Violating bond conditions can result in revocation of bond and re-arrest.
Can Bond Be Reduced?
Yes. If bond is set too high or denied, a defense attorney can request an Arthur Hearing or a bond reduction hearing. During this hearing, the defense may present:
- Evidence of community ties
- Employment verification
- Character references
- Proof of minimal flight risk
- Arguments regarding the strength of the prosecution's case
Effective advocacy at this stage can significantly impact whether a defendant remains in custody.
What Happens If Bond Is Denied?
In some cases, bond may be denied altogether, especially for:
- Capital offenses
- Certain violent felonies
- Repeat offenders
- Cases involving significant public safety concerns
When bond is denied, legal counsel may explore alternative legal remedies, including filing motions to challenge detention or seeking appellate review.
Why Legal Representation Matters at a Bond Hearing
Although bond hearings happen early in a case, the outcome can affect everything that follows. Remaining in custody makes it harder to assist in your defense, maintain employment, and support your family.
Attorneys at Donet, McMillan & Trontz, P.A. understand how Florida courts evaluate bond decisions and how to present meaningful arguments for pretrial release. By carefully addressing statutory factors and highlighting mitigating circumstances, legal counsel can advocate for reasonable bond conditions that allow defendants to await trial outside of jail.
Final Thoughts
A Florida bond hearing is a critical moment in any criminal case. Knowing what to expect—and having effective legal advocacy—can make a substantial difference in securing release and protecting your future.
If you or a loved one has been arrested, understanding your bond options and acting quickly may help preserve your freedom while your case moves forward. Contact Donet, McMillan & Trontz, P.A and ensure the best possible outcome for your case!
