Arrest With Detention In Florida
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FAQ
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.
How long can a person be detained by Florida authorities if there is no real evidence (probable cause) for the arrest? When you are arrested in Florida without probable cause the authorities may hold you for only 48 hours.
In criminal law, to detain an individual is to hold them in custody, normally for a temporary period of time.
DETENTION ONLY RELEASE: Inmates on whom criminal charges are not. filed within 48 hours of arrest shall have open charges dispositioned as a "Detention. Only." ( Refer to Penal Code Sections 825 and 851.6) Staff shall issue detention certificates to inmates whose release dispositions are "Detention Only".
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
Members of law enforcement can detain you for a reasonable time without officially taking you into custody, so they can ask questions to determine if there is probable cause that you committed a crime. If they do have enough evidence to meet the threshold of probable cause, they must let you go.
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
How long can a person be detained by Florida authorities if there is no real evidence (probable cause) for the arrest? When you are arrested in Florida without probable cause the authorities may hold you for only 48 hours.
To be lawful in Florida, a citizen's arrest hinges on individuals having reasonable grounds to believe that a crime has occurred and that the person being detained is the perpetrator. Any use of force during such an arrest must be proportionate to the circumstances, intended solely to prevent imminent harm or escape.
