A Florida judge may independently review one or more limited, reliable databases to obtain information about the accused’s current or prior criminal history or other status, which may be relevant to whether release prior to first appearance would be permitted.

Acting August 12 in Opinion Number 2025-14, the JEAC said that individuals “meeting certain criteria based upon prior encounters with the legal system (‘historical criteria’)” may be prohibited from being released prior to their first appearance or bail hearing.”

However, relevant historical criteria is not always included in the arrest warrant package judges review prior to making a decision whether to endorse “No Bond Pending First Appearance” on the warrant, preventing a person from being released prior to first appearance.

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