What Crimes Can Lead to Jail Before Trial?
Everyone is entitled to pretrial release unless charged with a capital offense or punishable by life offense, and the proof is evident and the presumption is great. Proof evident, presumption great is a standard higher than beyond a reasonable doubt.
If you’ve been accused of a crime, consult a criminal lawyer in Florida to learn how to proceed.
When Can the Court Deny Bail and Pretrial Release?
For most criminal charges, people have the legal right to pay bail and go home before their trial — most people do not have to stay in jail from the time they are arrested until their trial.
However, if someone is charged with certain types of serious crimes, like murder or certain felonies where the proof is evident and the presumption is great, they may not qualify for pretrial release.
Let’s talk about what “proof evident and presumption great” mean. For certain serious crimes, the standard is higher for pretrial release. If the proof that someone committed the crime is evident and the presumption of guilt is great, the court may deny bail and hold them without pretrial release.
If you are facing criminal charges and aren’t sure if you qualify for pretrial release, consult a criminal lawyer in Florida to advise you of your rights.
Capital Offenses
A capital offense is a criminal charge that can be punishable by the death penalty. Examples of capital offenses include:
- First-degree murder
- Acts of terrorism
- Treason
- Espionage
Holding individuals charged with these crimes in custody until their trials ensures they do not attempt to flee before their court dates.
First-Degree Felonies That Are Punishable With Life in Prison
First-degree felonies are the most severe felonies in the criminal justice system. They include offenses such as:
- Rape
- Kidnapping
- Armed carjacking
- Armed burglary of a dwelling with occupants inside
- Arson
For a first-degree felony charge that is punishable with life in prison, the court may not allow the accused to post bail and qualify for pretrial release.
Are You Facing Custody Before a Trial? Consult the Law Office of Michael White
Working with an experienced Florida criminal defense attorney can help you exercise your rights under the law. Attorney Michael White provides defense to those accused of crimes in Florida.
Our team at the Law Office of Michael White is a private practice dedicated to protecting the interests of those accused of crimes. Contact us anytime at 954-270-0769, where someone will be waiting for your call.
