When someone is arrested in Florida on a serious drug charge—especially trafficking—it’s common for family members to ask: “Can they be held without bond?” The answer is: yes, under certain circumstances. Florida law allows prosecutors to seek pretrial detention, which can keep a person in jail with no bond, if the charges involve serious drug trafficking or if the State convinces the judge that no release conditions will reasonably protect the community or assure the defendant’s appearance in court.

In this blog, we’ll break down how Florida law handles bond in drug trafficking cases, which statutes apply, and what substances trigger the most serious consequences.

Florida’s Constitutional Right to Bond—And Its Limits

Under Article I, Section 14 of the Florida Constitution, every person charged with a crime is entitled to pretrial release on reasonable conditions—except those charged with a capital offense or an offense punishable by life imprisonment where the proof of guilt is evident or the presumption is great.

This means that most criminal charges in Florida are bailable. However, trafficking in controlled substances often carries such high penalties that it can fall within the “life felony” category, which can result in a no bond hold until a hearing is held.

Florida’s Pretrial Detention Statute

The specific procedure is laid out in Fla. Stat. § 907.041 (Pretrial Detention and Release). Under this statute:

  • Defendants generally have the right to pretrial release on monetary or non-monetary conditions.

  • BUT the State Attorney may move for a pretrial detention hearing if the person is charged with a “dangerous crime.”

  • “Dangerous crimes” under § 907.041(4)(a) include drug trafficking (among other offenses such as sexual battery, robbery, and homicide).

At the hearing, the State must prove that no release conditions can reasonably protect the community, assure the defendant’s appearance, or ensure the integrity of the judicial process. If the court agrees, the defendant can be held no bond until trial.

Drug Trafficking Offenses and Penalties in Florida

Florida’s trafficking laws are found in Fla. Stat. § 893.135. Trafficking is not simple possession—it involves possessing, selling, purchasing, manufacturing, delivering, or transporting specified amounts of controlled substances. The penalties are severe, with mandatory minimum prison terms and steep fines.

Here are some common substances and threshold amounts that trigger trafficking charges:

  • Cannabis (Marijuana): 25 pounds or more, or 300+ plants (§ 893.135(1)(a))

  • Cocaine: 28 grams or more (§ 893.135(1)(b))

  • Heroin / Morphine / Opium derivatives: 4 grams or more (§ 893.135(1)(c))

  • Fentanyl: 4 grams or more (§ 893.135(1)(c)3)

  • Methamphetamine: 14 grams or more (§ 893.135(1)(f))

  • MDMA (Ecstasy, Molly): 10 grams or more (§ 893.135(1)(k))

  • Hydrocodone / Oxycodone: As little as 14 grams can trigger trafficking (§ 893.135(1)(c))

Depending on the weight, trafficking charges can carry mandatory minimums of 3 years, 7 years, 15 years, or even life imprisonment.

When Can the State Seek “No Bond” in a Trafficking Case?

Not every trafficking case automatically results in a no-bond hold. Many trafficking charges, especially those involving lower thresholds, are first-degree felonies punishable by 30 years. However, trafficking cases with higher weight thresholds can be charged as life felonies.

For example:

  • Trafficking in Cocaine (400 grams or more) – punishable by life imprisonment.

  • Trafficking in Fentanyl (30 kilograms or more) – punishable by life imprisonment.

  • Continuing Criminal Enterprise involving trafficking – life felony.

In these scenarios, the State can argue that the defendant falls under the constitutional exception (life felony offenses) and can be held without bond if the “proof is evident or presumption is great.”

Even if the offense is not a life felony, the prosecutor can still file a motion for pretrial detention under § 907.041, arguing that trafficking is a dangerous crime and that no bond conditions will protect the community.

The Bail Review Hearing

When the prosecutor moves for pretrial detention, the court will schedule a bail review (detention) hearing. At that hearing:

  1. The judge considers evidence presented by both the State and the defense.

  2. The State must prove by clear and convincing evidence that:

    • The defendant poses a threat to the community, OR

    • No condition of release can reasonably assure the defendant’s appearance.

  3. The defense can present counter-evidence, propose strict conditions (like electronic monitoring, house arrest, or high monetary bond), and argue for release.

If the State meets its burden, the judge can order the defendant held without bond until trial.

Defense Strategies in No-Bond Trafficking Cases

A skilled defense attorney can challenge no-bond holds in several ways:

  • Argue the proof is not “evident” or presumption of guilt is not “great.” For example, disputing the weight of the drugs or the defendant’s connection to them.

  • Present strong ties to the community. Employment, family responsibilities, and lack of flight risk weigh in favor of release.

  • Offer strict release conditions. GPS monitoring, drug testing, or curfews may satisfy the court.

  • Challenge the legality of the search or arrest. If the stop, search, or seizure was unconstitutional, the trafficking evidence may be suppressed.

Bottom Line

Yes, in Florida a person can be held “no bond” on a drug trafficking charge, but it depends on the severity of the charge and the prosecutor’s actions. Trafficking is defined as a “dangerous crime” under § 907.041, and in life felony trafficking cases, Article I, Section 14 of the Florida Constitution allows for detention without bond if the State shows the proof is evident or presumption is great.

If your loved one has been arrested for trafficking in Palm Beach County or anywhere in Florida, the stakes are incredibly high. These cases often involve mandatory prison terms, life felonies, and the possibility of pretrial detention with no bond. Having an experienced criminal defense lawyer who knows how to fight bond hearings and trafficking prosecutions is critical.

Call The Law Office of Matthew Konecky, P.A. today if someone you know is facing a trafficking charge and being held no bond. We can review the case, challenge the detention, and fight for the best possible outcome.

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