Category: Court Process · Statute: F.S. 901.28 · Source: Florida Legislature
Understanding Summons (Criminal) in Florida
In Florida, a criminal summons is an official written order issued by a judge or clerk of court commanding an individual to appear in court to answer to a criminal charge. Under Florida Statute Section 901.28, a summons may be issued as an alternative to a physical arrest, typically for misdemeanors, municipal or county ordinance violations, or certain non-violent offenses. When a law enforcement officer files a sworn complaint rather than making an immediate physical arrest, the state attorney reviews the allegations and, if charges are filed, the court issues a summons to notify the defendant of the pending case and the scheduled arraignment date.
Receiving a criminal summons is a serious legal matter that requires immediate attention, even though it does not involve being taken into custody right away. The document is formally served upon the accused by a sheriff's deputy or authorized process server, or in some cases, sent via certified mail. Because a summons carries the full authority of the court, failing to appear at the designated date, time, and courtroom will result in the judge issuing a capias, which is an arrest warrant. Once a capias is issued, law enforcement officers are authorized to arrest the individual on sight, transforming a non-custodial situation into an active arrest.
How a Criminal Summons Impacts Bail and Pretrial Release
Because a criminal summons allows a defendant to remain free while their case begins, there is initially no requirement to post a bail bond. However, if the defendant fails to appear in court as commanded by the summons, the resulting capias or arrest warrant will typically carry a pre-set bail amount. Once arrested on that warrant, the individual must post bail or remain in custody until they can be brought before a judge for a first appearance hearing to address the failure to appear.
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