Verified by Licensed Bail Bond Professionals•Last updated: March 2026
When Bail Can Be Denied
While the Florida Constitution guarantees bail for most offenses, there are exceptions.
Capital Offenses
Bail may be denied for capital crimes (punishable by death or life without parole) when "the proof is evident or the presumption is great." These include: first-degree murder, capital sexual battery, and capital drug trafficking.
Pretrial Detention (Arthur Hearing)
The prosecution can request an Arthur Hearing to deny bail by proving: 1) the proof of guilt is evident, or 2) no conditions of release can assure the defendant's appearance and community safety.
Other Situations
- Violation of probation (judge's discretion)
- Defendant already on bail for another felony
- Defendant poses extreme flight risk