Pretrial Release in Orange County, FL
After an arrest, unless you immediately bond out, you will be brought before the court for a first appearance hearing. At first appearance, the court might order you to participate in the Pretrial Release Supervision program in Orange County, FL, so that you can continue to work and attend school and reside in the community until your case is resolved as an alternative to incarceration. If the judge refers you to the Pretrial Diversion program, you are still on Pretrial Release until you sign the Pretrial Diversion contract. In some cases, you might be drug or alcohol tested as a condition of your release and/or required by the Community Corrections Division.
At first appearance, if you retain a private attorney, that attorney can help you request the most favorable pretrial release conditions. If you did not have a private attorney at first appearance, your attorney might be able to ask the court to modify your pretrial release conditions.
Section 907.041, F.S., provides a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release, unless such person is charged with a dangerous crime as defined in s. 907.041(5), F.S. A person shall be released on monetary conditions if such conditions are necessary to:
- Assure the presence of the person at trial or at other proceedings;
- Protect the community from risk of physical harm to persons;
- Assure the presence of the accused at trial; or
- Assure the integrity of the judicial process.
Section 903.047(a), F.S., specifies that a defendant must refrain from criminal activity of any kind as a condition of pretrial release, regardless of whether such release is by surety bail bond, recognizance bond, or some other form.
Under s. 903.0471, F.S., a court may, on its own motion, revoke pretrial release and order pretrial detention if it finds probable cause to believe that the defendant committed a new crime while on pretrial release or violated any other condition of pretrial release in a material respect.
Criminal Defense Lawyer for Orange County, FL
The attorneys at Sammis Law Firm are familiar with the criminal courts in Orlando County, FL. Whether you were formally arrested and booked into jail or whether you received a notice to appear in court, we can help.
Our attorneys represent clients accused of felony or misdemeanor crimes throughout the 9th Judicial Circuit Court, the Orange County Courthouse in downtown Orlando, and the Orange County Branch Courthouses in Apopka, Ocoee, and Winter Park, FL.
We represent clients at the first appearance and arrangement through the final resolution of the case during a motion to suppress or dismiss or at trial. Depending on how the case was resolved, we help clients obtain a court-ordered sealing or expungement of a criminal record.
Call 813-250-0500.
Probation, Community Control, and Conditional Release in Orange County, FL
A court may sentence an offender to probation or community control in lieu of, or in addition to, incarceration. Probation is a form of community supervision requiring specified contacts with a probation officer and other terms and conditions. Community control is a more intensive form of supervision involving an individualized program that restricts an offender’s movement within the community, home, or residential placement.
Several standard conditions of probation or community control apply automatically, including requirements to report to a probation officer as directed and to live without violating any law. The court may also impose special conditions of probation or community control as it considers proper.
Following incarceration, offenders who qualify under Florida’s “Conditional Release Program Act” may be released under supervision subject to specified terms and conditions determined by the Florida Commission on Offender Review (FCOR), authorized under s. 8(c), Art. IV of the State Constitution. FCOR is responsible for granting and revoking parole and investigating applications for clemency as directed by the Governor and Cabinet. See Section 20.32, F.S.
Additional Resources
Community Corrections Programs in Orange County, FL – Visit the website of the Orange County Government to learn more about the Community Corrections Division. The division manages six community-based programs that provide supervision to both pre-sentenced and sentenced offenders in Orange County, FL. Community Corrections works with other agencies within the criminal justice system while supervising over 2,300 offenders. When a judge orders you to participate in Probation or Alternative Community Service in Orange County, your first stop will be at Central Intake located on the 2nd floor of the Corrections Administration Building, at 3723 Vision Blvd., Orlando, FL. 32839, Phone: (407) 836-3000, Email: ccd@ocfl.net. On your first visit a staff member will meet with you to gather information about you and explain your responsibilities and obligations for successfully completing your court ordered program.
