Florida Statute 907.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 907
PROCEDURE AFTER ARREST

View Entire Chapter

F.S. 907.04

907.04 Disposition of defendant upon arrest.—

(1) Except as provided in subsection (2), if a person who is arrested does not have a right to bail for the offense charged, he or she shall be delivered immediately into the custody of the sheriff of the county in which the indictment, information, or affidavit is filed. If the person who is arrested has a right to bail, he or she shall be released after giving bond on the amount specified in the warrant.

(2) If the person who is arrested is, at the time of arrest, in the custody of the Department of Corrections under sentence of imprisonment, unless otherwise ordered by the court, such person shall remain in the department’s custody pending disposition of the charge or until the person’s underlying sentence of imprisonment expires, whichever occurs earlier. If the arrested state prisoner’s presence is required in court for any reason, the provisions of s. 944.17(8) shall apply.

History.—s. 133a, ch. 19554, 1939; CGL 1940 Supp. 8663(139); s. 67, ch. 70-339; s. 1508, ch. 97-102; s. 1, ch. 2006-99.

F.S. 907.04 on Google Scholar

F.S. 907.04 on CourtListener

Amendments to 907.04

Annotations, Discussions, Cases:

Cases Citing Statute 907.04

Total Results: 5

Johnson v. State

660 So. 2d 648, 1995 WL 410693

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 1755926

Cited 61 times | Published

argues that officers violated his rights under section 907.04, Florida Statutes (1987), which states in pertinent

Paul v. Jenne

728 So. 2d 1167, 1999 WL 104585

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 76956

Cited 8 times | Published

burden of proof for pretrial detention under Florida Statute 907.04. He argues that the trial court erred in

State Ex Rel. Wainwright v. Booth

291 So. 2d 74

District Court of Appeal of Florida | Filed: Mar 8, 1974 | Docket: 1351016

Cited 8 times | Published

delivered into the custody of the sheriff. Fla. Stat. § 907.04 (1971), F.S.A. Thus, it appears that the duties

Preston v. Gee

133 So. 3d 1218, 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238734

Cited 2 times | Published

great. Art. I, § 14, Fla. Const. (1968). . Section 907.04 l(4)(c) states: The court may order pretrial

Paul v. Ryan

126 So. 3d 349, 2013 WL 1632823, 2013 Fla. App. LEXIS 6112

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60236413

Published

accused at trial.” Art. I, § 14, Fla. Const.; § 907.04 l(4)(c) 7, Florida Statutes (2010).