Can You Go to Jail at an Arraignment in Florida?

TL;DR: Yes, you can go to jail at an arraignment in Florida. An arraignment is a court hearing where the charges against a defendant are formally read, and the defendant enters a plea. If bail is not granted, or if the defendant cannot post bail, they may be taken into custody and remain in jail until the trial.

What Happens at an Arraignment?

An arraignment is the first court appearance in a criminal case. During this hearing:

  1. The defendant is informed of the charges.
  2. The defendant is asked to enter a plea (guilty, not guilty, or no contest).
  3. Bail conditions are reviewed or set.

Possible Outcomes of an Arraignment

  • Release on Own Recognizance (ROR): The judge may release the defendant without requiring bail if they believe the defendant is not a flight risk and poses no danger to the community.
  • Setting Bail: The judge may set a bail amount. If the defendant can post bail, they will be released. If not, they will remain in custody.
  • Remand to Custody: In some cases, the judge may decide to remand the defendant to custody without the possibility of bail, particularly if the defendant is considered a flight risk or poses a danger to the community.

Factors Influencing Bail Decisions

Several factors influence whether a defendant is granted bail, including:

  • The nature and severity of the charges
  • The defendant’s criminal history
  • The likelihood of the defendant appearing at future court dates
  • The potential danger the defendant poses to the community

Florida Statutes on Arraignment and Bail

Florida Rule of Criminal Procedure 3.130

Florida Rule of Criminal Procedure 3.130 outlines the procedures for a defendant’s first appearance and bail determinations. According to this rule:

  • The defendant must be brought before a judge within 24 hours of arrest.
  • During this first appearance, the judge informs the defendant of the charges.
  • The judge determines if there is probable cause for the arrest.
  • The judge decides on pretrial release conditions, which may include setting bail.

Florida Statute 903.046

Florida Statute 903.046 provides the criteria for determining bail and conditions of release. The statute emphasizes:

  • The nature and circumstances of the offense charged.
  • The weight of the evidence against the defendant.
  • The defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition.
  • The defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings.
  • The nature and probability of danger that the defendant’s release poses to the community.
  • The source of funds used to post bail, particularly if there is a reason to believe they are illegal.
  • Whether the defendant is already on release pending resolution of another criminal proceeding or is on probation or parole.

Notable Cases

Several cases in Florida highlight the significance of arraignment outcomes:

State v. Arthur, 390 So.2d 717 (Fla. 1980)

In State v. Arthur, the Florida Supreme Court addressed the factors considered in bail hearings. This landmark case set forth the principle that while there is a presumption in favor of pretrial release, the court must balance this with concerns for public safety and the risk of flight. The court highlighted that the severity of the offense, the weight of the evidence, and the defendant’s criminal history are crucial factors in determining whether bail should be granted and at what amount.

Young v. State, 780 So.2d 301 (Fla. 4th DCA 2001)

In Young v. State, the District Court of Appeal of Florida emphasized the procedural aspects of bail hearings and the rights of the defendant. The court ruled that defendants must be provided with a timely bail hearing where the judge considers all relevant factors, including the defendant’s ties to the community and the potential risk they pose. This case reinforced the need for a fair and thorough evaluation during arraignment to ensure the defendant’s rights are protected.

Key Takeaways

KEY TAKEAWAYS
  • Yes, you can go to jail at an arraignment in Florida if bail is not granted or if you cannot post bail.
  • An arraignment is a hearing where charges are read, and the defendant enters a plea.
  • Outcomes include release on own recognizance, setting of bail, or remand to custody.
  • Bail decisions are influenced by the severity of charges, criminal history, flight risk, and potential danger to the community.
  • Relevant laws include Florida Rule of Criminal Procedure 3.130 and Florida Statute 903.046.