Florida First Appearance and Bond Schedule

Which Charges Require a Judge Before Bail

In Florida, some arrests come with a set bond you can post right away, and some require a judge to decide bail at a first appearance hearing. Many of the people we work with are surprised to learn that release can be delayed, and First Appearance Hearings are one of the topics our agents answer the most questions about. Which one you are facing comes down to the charge, and knowing that early gives you an idea on potential release timeline, whether your loved one can be home within hours or has to wait to see a judge.

What Is a First Appearance Hearing in Florida?

When a person is arrested in Florida and is not released on a standard bond, they must be brought before a judge within 24 hours. That is the first appearance hearing. The judge confirms there was probable cause for the arrest, reviews the charge, and decides whether to set a bond, release the person on conditions, or hold them with no bond. For many charges there is a preset bond amount and release can happen right away without this step. For the charges and situations below, there is no automatic release, and the person waits for the judge.

Which Charges and People Require a First Appearance Before Release?

Florida law, not an individual county, sets the categories that cannot be released before a first appearance. They fall into two groups, one based on the person’s situation at the time of arrest and one based on the charge itself.

People Held for First Appearance Based on Their Situation

A person is held for a first appearance, regardless of the new charge, if at the time of arrest they:

• Were on pretrial release, probation, or community control on a felony case in any state
• Were a registered sexual offender or sexual predator
• Were arrested for violating a protective injunction
• Were on release from certain state supervision programs
• Had already been sentenced as a prison releasee reoffender, habitual violent felony offender, three time violent felony offender, or violent career criminal
• Had been arrested three or more times in the six months before this arrest.

Charges That Require a First Appearance

An arrest for any of the following also requires a first appearance before release.

• Capital, life, first degree, or second degree felonies
• Homicide, or an attempt, solicitation, or conspiracy to commit it
• Felony battery, domestic battery by strangulation, or domestic violence
• Stalking or mob intimidation
• Assault or battery on a law enforcement officer, a detention or probation staff member, or a person 65 or older
• Aggravated assault or aggravated battery
• Robbery, burglary, or carjacking
• Resisting an officer with violence
• Kidnapping or false imprisonment
• Human trafficking or human smuggling
• Possession of a firearm or ammunition by a felon or other prohibited person
• Sexual battery, lewd or lascivious offenses, and offenses involving a minor
• Abuse, neglect, or exploitation of an elderly or disabled adult
• Child abuse or aggravated child abuse
• Arson, or riot related offenses including burglary or theft during a riot
• Escape
• Tampering with a witness, victim, or informant, or tampering with a jury
• Destruction of evidence
• An offense committed to benefit a criminal gang
• Drug trafficking, including conspiracy
• Racketeering
• Failure to appear at a required court hearing while on bail

What Is the Same Across Florida, and What Varies by County?

What Is the Same Everywhere

In every Florida county, a first appearance happens within 24 hours of arrest. The categories above, the people and charges that require a judge before release, are governed by state law, so they apply statewide. As of January 1, 2024, Florida has used a uniform statewide bond schedule set by the Florida Supreme Court, which gives every county a common starting point for standard bond amounts. And in every county, the judge at the hearing has the final say on whether bail is set and how much.

What Varies by County or Circuit

What changes from county to county is the bond amount. The same charge can carry a different bond amount depending on where the arrest happened, because each county can set its standard amounts higher than the statewide starting point, and some add their own local rules on top. A bond that is one amount in Miami Dade may be another in Broward or Duval for the very same charge. To know what applies in a specific case, you need the schedule for the county where the person is being held, and that is something we confirm for you in a quick call.

How Much Is Bail in Florida?

How the Bond Amount Is Set?

For charges that do not require a first appearance, the amount comes from the county bond schedule, scaled to the severity of the offense and built on the statewide baseline. For charges that do require a first appearance, there is no preset figure, because the judge sets it case by case after weighing the person’s history, ties to the community, and any risk to others.

What It Costs to Post Bond

Posting a bond in Florida is typically ten percent of the bond amount as set by Florida law, which is the nonrefundable fee for the bondsman to post the full amount on your behalf.

Get the Most Accurate Answer for Your County

Because the amounts and the local schedule change from county to county, the fastest way to get an accurate answer is to call your local Bail Bonds Now agent with the charge and the county. We will tell you whether the charge requires a first appearance, what the bond is likely to be, and start the paperwork so release happens as soon as the court allows. Call us any hour at 561-500-9999.

This page is general information, not legal advice. First appearance rules come from Florida law, but bond amounts and local schedules vary by county and change over time, and the judge decides bail in every case. For the most accurate information on a specific arrest, call your local agent or speak with a licensed attorney.