If you’ve been arrested or are facing charges in Florida, it’s important to know that several key changes are coming in 2026 that could affect your rights—especially when it comes to bail and pretrial release. At Bastos Defense, P.A., attorney Maria Bastos is already preparing to make sure her clients are protected under these new rules.
A Major Change: Florida’s New Pretrial Release Rules
Starting January 1, 2026, Florida will put new pretrial release procedures into effect under Rule 3.131 of the Florida Rules of Criminal Procedure. These updates are designed to make bail decisions more consistent across the state while giving judges clearer guidance on when to set or reconsider bond.
Here’s what that means in practical terms:
- People arrested for certain offenses may now qualify for release before their first appearance if they meet the eligibility requirements under local bond schedules.
- Judges must consider a detailed list of factors—such as the person’s background, criminal history, and ability to pay—before deciding on release conditions.
- Courts are encouraged to use non-monetary release options, like travel restrictions, curfews, or treatment programs, when appropriate.
- There’s now a clearer process to revisit bail amounts if someone can’t afford the initial bond that was set.
For defendants, this could make a real difference. If you’re unable to post bond, your attorney can now request a formal reconsideration based on your financial situation and risk factors.
Why These Changes Matter
The goal of these updates is to make the pretrial system fairer and more transparent—but they also mean there’s less room for error or delay. Having an experienced criminal defense attorney like Maria Bastos on your side ensures that your rights are protected from the very start of your case. Maria understands how these procedural shifts impact real people and knows how to use the new rules to advocate for release and favorable conditions.
What Else Could Be Coming in 2026
Lawmakers are also considering several criminal justice bills that could take effect later in 2026. These proposals include tougher penalties for certain repeat offenses and changes to parole procedures. While not yet finalized, they highlight how Florida’s criminal laws continue to evolve—and how important it is to have an attorney who stays ahead of those changes.
Protect Your Rights with an Experienced Defense Attorney
With the new pretrial release rules taking effect in 2026, it’s more important than ever to have someone who understands both the law and the system standing beside you. Maria Bastos has built her reputation on protecting the rights of the accused throughout Florida. Whether you’re facing a DUI, a serious felony, or a federal investigation, she’s ready to guide you through every step and fight for the best possible outcome.
If you’ve been arrested or believe you’re under investigation, contact Bastos Defense, P.A. today. The sooner you reach out, the sooner we can start building your defense.