Florida Statutes

Fla. Stat. § 907.04 (2025)

Disposition of defendant upon arrest.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 5 cases, 1974–2014 · leading case: Johnson v. State, 660 So. 2d 648 (Fla. 1995).

Sort: Relevance Newest Treatment

Johnson v. State, 660 So. 2d 648 (Fla. 1995). · cites it 3× “Johnson next argues that officers violated his rights under section 907.04, Florida Statutes (1987), which states in pertinent part: If a person who is arrested does not have a right to bail for the offense charged, he shall be delivered immediately into the custody of the…”

State Ex Rel. Wainwright v. Booth, 291 So. 2d 74 (Fla. 2d DCA 1974). · cites it 2× “Fla. Stat. § 907.04 (1971), F.S.A. Thus, it appears that the duties which the respondent has ordered be performed by relator are really those which rest upon the sheriff.”

Preston v. Gee, 133 So. 3d 1218 (Fla. 2d DCA 2014). “Section 907.04 l(4)(c) states: The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s.”

Paul v. Ryan, 126 So. 3d 349 (Fla. 3d DCA 2013). “; § 907.04 l(4)(c) 7, Florida Statutes (2010).”

State v. Diaz, 734 So. 2d 1082 (Fla. 1st DCA 1999). “§§ 907.04, 907.041 & 907.045, Fla. Stat. (1997).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.