The Standard for “No Conditions of Release”

Under Florida Statute 907.041, the prosecutor must prove more than just a crime was committed. Instead, the prosecutor must demonstrate that “no conditions of release”—neither GPS monitoring, house arrest, nor a million-dollar bond—are “reasonably sufficient to protect the community from risk of physical harm.”

The motion for “MOTION FOR PRETRIAL DETENTION” is filed by the Assistant State Attorney, and respectfully moves the court for Pre-trial Detention of a person charged with a “dangerous crimes” as defined in Florida Statute Section 907.041. The motion is filed pursuant to F.R.C.P. 3.132 and Florida Statute 907.041.

Attorney for Dangerous Crimes in Florida

When the State moves for “No Bond,” you are fighting for your freedom before the trial even begins. You need an aggressive defense to challenge the prosecution’s narrative and present viable conditions for your release.

When you contact our office, we can explain the charges pending against you, the typical maximum and minimum penalties required after a conviction, and the best defenses to assert to avoid a conviction.

Call 813-250-0500.

Requirements for Pretrial Detention under Section 907.041, F.S.

The motion for pretrial detention will typically allege:

1. the defendant is charged with a crime that qualifies as a “dangerous crimes” as defined in Florida Statute Section 907.041;
2. the essential facts are outlined in the sworn probable cause affidavit filed with the clerk of court;
3. additional aggravating facts exist including:
   • any prior arrests or convictions;
   • a showing that the defendant previously failed to appear in court, violated pretrial release, or violated probation;
   • the defendant qualifies as a Prison Releasee Reoffender (PRR) and/or as a Habitual Violent Felony Offender (HVFO) for the instant case;
4. the State believes that a substantial probability exists that no conditions of release reasonably sufficient to protect the community from risk of physical harm to persons based on the following:
   •  the defendant’s past and present patterns of behavior
   • the nature and circumstances of the offenses charged
   • the weight of the evidence against the defendant
   • the nature and probability of danger which the defendant’s release poses to the community
   • the nature and probability of intimidation and danger to the victim
   • the factual circumstances of the crime indicate a disregard for the safety of the community.

In support of the motion, the prosecutor might also allege:

1. the defendant has previously violated conditions of release and no further conditions of release are reasonably likely to assure the defendant’s
   appearance at subsequent proceedings.
2. the defendant, with the intent to obstruct the judicial process, has threatened, intimidated, or injured any victim or potential witness, or has attempted or conspired to do so, and that no condition of release will reasonably prevent the obstruction of the judicial process.
3. The defendant poses the threat of harm to the community.
4. The defendant was on probation, parole or other release pending completion of sentence or on pretrial release for a dangerous crime at the.
5. The defendant violated one or more conditions of pretrial release or bond for the offense currently before the court and the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial.
6. The defendant is charged with trafficking in controlled substances, there is a substantial probability that the defendant has committed the offense, and that no conditions of release will reasonably assure the defendants appearance at subsequent criminal proceedings.
7. The defendant is charged with DUI manslaughter and there is a substantial probability that the defendant committed the crime and the defendant poses a threat of harm to the community because the defendant has been previously convicted of any crime of 316.193 or the defendant was driving with a suspended driver’s license or the defendant has previously been found guilty of or has had adjudication withheld for, driving while license suspended or revoked.

Read more about the rules in Florida for pretrial release.

This article was last updated on Thursday, May 7, 2026.