Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: When a defendant is held in custody without the option of bail while awaiting trial. In Florida, pretrial detention without bail is only permitted for capital offenses where the proof of guilt is evident or the presumption is great.
Category: Bail & Bond · Statute: Article I Section 14, FL Constitution · Source: Florida Legislature
When Can Bail Be Denied?
- Capital offenses — Where proof of guilt is evident (first-degree murder with death penalty eligibility)
- After bail revocation — If the defendant violated conditions of release and the court revokes bail
- Dangerous defendants — In limited circumstances, courts can deny bail if no conditions can assure community safety
Challenging Pretrial Detention
A defense attorney can file a motion for bail or a habeas corpus petition challenging the detention. The burden is on the state to prove that bail should be denied.