Bond and Pretrial Detention in Florida Internet Crime Cases, Explained

At the time of this writing, a person arrested in Florida on a computer or internet crime charge generally goes before a judge for a first appearance within 24 hours of arrest. At that hearing, or at a later bond hearing, the court decides whether the person will be released before trial and on what conditions. For some charges, the state may also ask the court to hold the person without bond. For the person arrested and for their family, those first days often raise the most urgent questions.

Attorney Ron Frey has practiced criminal defense since 2004 and is licensed in Florida, Ohio, and North Carolina, from the firm’s office in Tampa. Drawing on his experience handling many internet and computer crime cases, he has found that preparing for a bond hearing quickly, with a realistic release plan, can make a real difference in how the court views a request for release. Because Florida’s pretrial release laws have been revised several times in recent years, anyone facing a bond decision should talk with an attorney about how the current law applies.

How Does Bond Generally Work in a Florida Case?

After an arrest, the process generally moves through a few steps:

• First appearance. Florida’s rules generally require that a person who has been arrested and not released be brought before a judge within 24 hours. The judge reviews the charge and addresses pretrial release.
• The bond schedule. Florida now has a statewide uniform bond schedule, and local schedules may also apply. For some charges, a person may be able to post a scheduled bond before first appearance. For others, generally including offenses the law lists as “dangerous crimes,” release is decided by a judge.
• Setting bond and conditions. The judge may release the person on their own recognizance, set a monetary bond, add conditions, or a combination.
• The state’s motion for pretrial detention. For certain offenses, the state may file a motion asking the court to hold the person without bond. Florida law generally sets a short time frame, typically within days, for the hearing on that motion.
• Arthur hearings. When a person is charged with a capital offense or an offense punishable by life imprisonment, Florida’s Constitution generally allows the court to deny release if the proof of guilt is evident or the presumption is great. The state generally has to make that showing at an evidentiary hearing, commonly called an Arthur hearing.

Bond can also be revisited later. A defense attorney may file a motion to reduce bond or change conditions as the case develops.

Common Concerns People Have

People facing these decisions, and their families, generally ask about the same things:

• Family. Whether they can return home, and what happens if there are children in the household.
• Work. Whether they can keep working, especially in jobs that require a computer or the internet.
• Devices. What happens to phones and computers that were seized, and whether they can use new ones. See what to do if police seized your computer or phone.
• Internet restrictions. Whether the court will restrict internet or device use, and how that works in practice.
• Contact with minors. Whether a no-contact condition will affect their own family or relatives.
• Travel. Whether they can travel for work or family, or leave the state.

What the State and the Defense Generally Argue

In bond hearings in internet crime cases, the state generally points to the nature of the charge, the strength of its evidence, and claims of danger to the community or risk of flight. When the charge involves a minor, the state often emphasizes the type of conduct alleged and asks for strict conditions or detention.

The defense generally responds with the person’s ties to the community, such as family, a home, and a long-term job; a lack of any prior record, since many people charged with internet crimes are first-time offenders (see our guide to a first-offense internet crime charge); a history of appearing when required; proposed conditions that address the court’s concerns; and the weight of the evidence, including questions about attribution and how the case was investigated.

Common Conditions of Release

Conditions vary by court and by case, but in internet and computer crime cases they commonly include:

• GPS or electronic monitoring
• Limits on internet use or on certain devices, sometimes with monitoring software
• No contact with minors, or no unsupervised contact
• No contact with any alleged victim or witness
• Supervision through a county pretrial release program
• Surrender of a passport and travel limits

What a Florida Bond Generally Looks Like

A bond can take several forms:

• Release on recognizance (ROR). Release on a promise to appear, without paying money.
• Supervised release. Release through a county pretrial services program, with check-ins and other conditions.
• Cash bond. The full amount is posted with the court and may generally be returned, subject to court costs and conditions, when the case ends.
• Surety bond. A licensed bail bond agent posts the bond in exchange for a premium. In Florida, the premium is generally set by rates filed with and approved by the state’s insurance regulators, and it is generally not returned. Bond agents may also ask for collateral, such as property or a co-signer.

Families often work with a licensed bail bond agent, and it is worth understanding the paperwork and any collateral obligations before signing.

How Attorney Ron Frey Prepares for a Bond Hearing

Every case is different, but drawing on his experience handling many of these cases, Attorney Ron Frey generally focuses on:

• A residence plan. Where the person will live and who else lives there, including whether that plan fits likely conditions.
• Letters of support. From family, employers, and community members.
• Family presence. Family members who can attend the hearing and, where appropriate, speak to the court.
• Evaluations. Where appropriate, professional evaluations or treatment arranged early.
• Proposed conditions. A specific, workable set of conditions that addresses the court’s concerns.

What to Do After an Arrest or Contact From Investigators

A first appearance or bond hearing is not generally the place to explain the facts of the case, and statements made in jail calls, messages, or to officers may be used later. Attorney Ron Frey generally suggests that someone who has been arrested decline to discuss the case with officers and wait to talk with counsel before saying anything about it.

The Laws Involved

In Florida, bond and pretrial release are generally addressed under Article I, Section 14 of the Florida Constitution (pretrial release and detention), Section 903.046, Florida Statutes (purpose of and criteria for bail determination), Section 907.041, Florida Statutes (pretrial detention and release), which includes the “dangerous crime” list, and Section 903.011, Florida Statutes (pretrial release; general terms; statewide uniform bond schedule). Related rules appear in Section 903.047, Florida Statutes (conditions of pretrial release), Section 903.0471, Florida Statutes (violation of condition of pretrial release), and Section 648.33, Florida Statutes (bail bond rates). First appearance is addressed in Rule 3.130 of the Florida Rules of Criminal Procedure. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.

Why Talk With an Attorney About the Details?

A website can only offer a general picture. Florida’s pretrial release laws, bond schedules, and local practices change, and they vary from county to county. It is important to discuss the details of any specific situation with an attorney at the time it arises.

Talk With Attorney Ron Frey About Bond in a Florida Case

If you or someone close to you has been arrested on a computer or internet crime charge in Florida, contact Attorney Ron Frey of The Frey Law Firm, LLC. For federal cases, see Federal Pretrial Release and Detention in Internet Crime Cases, Explained. You can also read about Florida solicitation and traveling charges.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Laws change, and how they apply depends on the facts of each case.