Probable Cause Determination

Florida legal definition under Florida Rule of Criminal Procedure 3.133

Verified by Licensed Bail Bond ProfessionalsLast updated: March 2026
Definition: A judicial finding that there is a fair probability the defendant committed the crime charged. Must occur within 48 hours of a warrantless arrest (Gerstein hearing). Without probable cause, the defendant must be released.

Category: Arrest Process · Statute: Florida Rule of Criminal Procedure 3.133 · Source: Florida Legislature

Understanding Probable Cause Determination in Florida

A judicial finding that there is a fair probability the defendant committed the crime charged. Must occur within 48 hours of a warrantless arrest (Gerstein hearing). Without probable cause, the defendant must be released.

How This Relates to Bail

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