Major Changes to Rules 3.116 and 3.132 Went Into Effect May 1, 2025

As a Florida criminal defense attorney, it's my job to stay on top of every rule and statute that could affect my clients' rights. The Florida Supreme Court recently issued major amendments to the Florida Rules of Criminal Procedure—specifically, Rules 3.116 and 3.132. These changes, effective May 1, 2025, have serious implications for anyone arrested and accused of a "dangerous crime" under Florida law.

These amendments were prompted by statutory changes to section 907.041, Florida Statutes, under Chapter 2023-27, Laws of Florida. The Criminal Court Steering Committee proposed changes in response, and after public comment and oral argument, the Supreme Court adopted them with slight modifications.

Let's go through what's changing and what it means if you or someone you care about is facing a criminal charge in Florida.

New Mandatory Detention for Dangerous Crimes Before First Appearance

Under the revised Rule 3.132, anyone arrested for a dangerous crime—as listed in section 907.041, Florida Statutes—must remain in custody until their first appearance before a judge. The court is no longer allowed to release such individuals preemptively, even under nonmonetary conditions.

This means that if you're arrested on suspicion of a crime like sexual battery, robbery, kidnapping, aggravated stalking, or certain firearm offenses, you will not be eligible for release before that initial court appearance. It doesn't matter whether you have no prior record or present minimal flight risk—the law now requires that you remain detained.

This puts a tremendous spotlight on the importance of having a private attorney present or retained as early as possible in your case.

Requirements for Pretrial Detention Motions and Hearings

The state may seek to hold a person without bond by filing a motion for pretrial detention. The motion must include:

  • Detailed grounds and essential facts supporting detention
  • Certification that the State Attorney received sworn testimony supporting those claims

Once the motion is filed, a detention hearing must be held within 5 days. The burden is on the State to prove beyond a reasonable doubt that pretrial detention is necessary. This is a high standard, and as a defense attorney, I can challenge the state's evidence, present witnesses, and cross-examine their claims.

The rule also allows for limited continuances:

  • The State is entitled to one continuance for good cause.
  • Any delay longer than five days must be based on "extenuating circumstances" or a mutual agreement approved by the court.

Another important detail: the judge must issue written or oral findings within 24 hours of the hearing, and no detention can rely solely on hearsay evidence. This adds an extra layer of protection against unsupported or vague accusations.

Rule 3.116: Use of Communication Technology Expanded

In connection with these pretrial changes, the Court also amended Rule 3.116(b) to clarify how communication technology may be used. Specifically, it now references Rule 3.132(j), allowing remote appearances and the use of audio-video technology in pretrial detention hearings.

This matters because it provides more flexibility for court proceedings and can expedite critical decisions about your freedom. As your defense attorney, I can appear and advocate effectively on your behalf, even if the proceeding is conducted virtually.

Real-World Example: Preventing Pretrial Detention for a First-Time Offender

Earlier this year, I represented a man charged with aggravated battery—a dangerous crime under 907.041. The State filed a motion for pretrial detention at his first appearance. They claimed he was a flight risk due to out-of-state family ties and the alleged seriousness of the injury.

We acted fast. I secured statements from the alleged victim contradicting the police report, provided proof of my client's steady employment, and produced three character witnesses at the hearing. We also pointed out inconsistencies in the sworn testimony the State relied upon. The judge ruled in our favor, denying pretrial detention and releasing my client under electronic monitoring.

Without a private defense attorney intervening immediately, he likely would have remained in custody until trial.

Why You Need a Private Attorney Now More Than Ever

Under these new rules, the first 24 to 72 hours after arrest are critical. You need someone who knows how to:

  • Evaluate whether the motion for detention is facially sufficient
  • Challenge probable cause determinations
  • Cross-examine witnesses at the detention hearing
  • Ensure the State meets its high burden of proof

If you're relying on a public defender, they may not even be appointed until your first court appearance—too late to influence key pretrial decisions. A private attorney is your best chance to act early and protect your freedom from the start.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Let us fight to keep you or your loved one out of jail under these new detention rules. Time matters. Call now.