Category: Bail & Bond · Statute: F.S. 907.041(4) · Source: Florida Legislature
Understanding No Bond Hold in Florida
In Florida, a "No Bond Hold" is a judicial order that completely bars a defendant from securing pretrial release, requiring them to remain in custody until their case is resolved or a judge modifies the order. Unlike standard arrests where a defendant can immediately post bail according to a standard bond schedule, a No Bond Hold temporarily suspends the right to bail. This hold typically originates at the time of booking based on the nature of the charges or the defendant's current legal status, or it may be formally instituted by a judge during a First Appearance (First Appearance Court) or a subsequent pretrial detention hearing.
Under Florida Statute Section 907.041, certain circumstances trigger an automatic or highly likely No Bond Hold. For capital or life felonies, the state constitution presumes detention without bond unless the defense can successfully argue for release during an Arthur hearing. Furthermore, Florida law mandates a No Bond Hold for individuals arrested on domestic violence charges, violations of pretrial release conditions, or those who commit a new felony while already out on bond for a pending felony, ensuring they remain detained until they can be brought before a judge.
Impact on Pretrial Release and Bail
A No Bond Hold completely halts the standard bail bonding process in Florida. A bail bondsman cannot write a bond to release a defendant who has an active No Bond Hold on their record. To secure release, the defendant’s attorney must file a motion to set bond or modify release conditions. The court will then schedule a formal hearing where a judge evaluates statutory risk factors, such as community safety and flight risk, to decide whether to lift the hold and establish a monetary bail amount.