This is general information, not legal advice. We never discuss the facts of anyone’s case, and we never ask for a name or case number. The statute text was checked against the Florida Legislature’s published statutes on September 20, 2026. A Florida attorney has not reviewed this page yet, and we will say so here when one has.
Fla. Stat. §§ 741.2901, 903.047
Arrested for domestic violence
The rules before first appearance are different, and a family can make things worse by trying to help.
what the law says
- Florida law requires a person arrested for an act of domestic violence to stay in custody until they are brought before a judge for bail. Do not count on a same-night bond.
- A no-contact order is not automatic at arrest. If a judge orders one as a condition of release, it takes effect at once, and unless the judge says otherwise it can bar contact through another person, not only direct contact.
- The State Attorney decides whether to file and pursue charges. That can go forward even if the person who called for help objects.
what families should know
- You can help with the lawyer, court information, childcare, property, and work.
- Do not contact the alleged victim about the case, and do not ask a friend or relative to do it for you. Once an order exists, that is exactly what it forbids.
- Do not use children to pass messages.
what to ask, and do, right now
- Find out where the person is being held and when first appearance is.
- Ask about a lawyer.
- Once a judge sets conditions, get them in writing and follow them exactly.
not yet confirmed. How the Alachua County Jail handles domestic violence releases, and how quickly first appearance happens, is something we are still confirming with the Sheriff’s Office.
Fla. Stat. chs. 985 and 984
A child was taken into custody
Florida treats a child differently from an adult. The process, the vocabulary, and the deadlines are not the same.
what the law says
- Florida says a child is taken into custody, not arrested, and the juvenile system runs on its own rules rather than the adult booking process.
- The person who takes a child into custody must attempt to notify a parent, guardian, or legal custodian.
- If a child is placed in detention, a detention hearing generally must happen within 24 hours of being taken into custody.
- A child is entitled to a lawyer at every stage of delinquency court.
what families should know
- Do not assume the adult rules apply. A child goes through juvenile detention and delinquency court, not adult first appearance.
- The hearing comes quickly, so ask early when it is.
what to ask, and do, right now
- Find out which agency has your child and where they are.
- Ask whether your child has been placed in detention, and when the detention hearing is.
- Ask about a lawyer for your child.
If you are the child: you have the right to a lawyer, and you can ask for one. Your lawyer is the person to talk to about what happened. If you are hurt, sick, scared, or need medicine, tell staff.
not yet confirmed. How juvenile intake and detention work in Alachua County is not yet verified, and we do not guess at it.
Fla. Stat. § 394.463 (the Baker Act)
A mental health crisis: the Baker Act
A Baker Act hold is a medical process, not a criminal charge. It can start with an officer, and it can overlap with an arrest.
what the law says
- The Baker Act lets Florida hold a person for an involuntary mental health examination. It is a civil process, not a criminal charge.
- A judge, a law enforcement officer, or certain mental health professionals can start it. The standard is reason to believe the person has a mental illness, refuses or cannot decide about an exam, and is either at real risk of serious neglect or substantially likely to cause serious bodily harm to themselves or others.
- Within 72 hours of arriving at the receiving facility, the facility must do one of four things: release the person, release them to voluntary outpatient care, ask them to consent to voluntary admission, or ask a court for involuntary services. If the 72 hours end on a weekend or holiday, the facility may keep the person only until the next working day, and only to file that request.
- If the person is also charged with a crime, the exam does not erase the charge. After the examination, they go back to law enforcement custody.
- When the person is a minor, the officer must give the parent or guardian information about the facility.
what families should know
- Ask where the person was taken and who at that facility to talk to.
- Ask when the 72 hours started. That clock decides what has to happen next.
what to ask, and do, right now
- If someone is in immediate danger, call 911. For suicide or emotional crisis, call or text 988.
- If the person is in jail, tell jail staff and medical staff right away about medication, thoughts of self-harm, or a mental health diagnosis.
- If there is also a criminal charge, ask about a lawyer.
not yet confirmed. How the Alachua County Jail screens for mental health at booking, and which receiving facility serves the county, are not yet confirmed. Ask the jail.
Fla. Stat. ch. 397, Part V (the Marchman Act)
A substance use crisis: the Marchman Act
Florida’s law for involuntary help with addiction. Like the Baker Act it is civil, but an adult can end up in a jail cell under it.
what the law says
- The Marchman Act lets Florida require an assessment, and sometimes treatment, for a person whose substance use is out of their control.
- The law sets two tests. The person has lost the power of self-control over substance use, and either their judgment is so impaired they cannot see they need help, or without care they are likely to seriously neglect themselves or to hurt or threaten someone. Refusing help alone does not prove impaired judgment.
- An officer can take a person into protective custody, without unreasonable force, if they refuse help and the officer decides a hospital or treatment facility is appropriate. The statute says this is not an arrest for any purpose, and no record should suggest the person was charged with a crime.
- For an adult, the statute also allows the officer to detain the person for their protection in a city or county jail or another detention facility. It is still not an arrest, but it can feel like one to a family standing outside.
- An assessment must be arranged within 72 hours. The officer must notify a relative if the person is a minor, or the person’s emergency contact if an adult, unless the adult objects.
what families should know
- Ask the officer’s agency whether your relative was taken into protective custody or arrested. The answer decides everything after it.
- A family member can also ask a court for an assessment. The rules for who may file, and how long a court-ordered stay can last, are in Part V of Chapter 397. We are still confirming them, and we do not summarize what we have not confirmed.
what to ask, and do, right now
- Ask whether it is protective custody or an arrest. Only an arrest is a charge.
- If it is an arrest for a drug charge, the usual path applies: first appearance, bond, a lawyer.
- If there is an overdose or immediate danger, call 911.
not yet confirmed. Where the Alachua County Sheriff’s Office takes people under the Marchman Act, and whether it ever uses the jail, is not yet confirmed.
8 C.F.R. § 287.7; Fla. Stat. § 908.11
Immigration and an ICE hold
Two separate systems can hold the same person. A family often learns about the second one last.
what the law says
- The criminal case is in state court. Immigration is a federal matter with its own courts. Being released in the criminal case does not settle the immigration matter.
- ICE can send a jail a detainer (Form I-247A). It is a request, not a criminal charge. It asks the jail to keep the person for up to 48 hours, not counting weekends and holidays, after the jail would otherwise release them, so that ICE can take custody.
- An ICE detainer is signed by an ICE officer, not by a judge.
- Florida law requires county sheriffs who run jails to sign a written cooperation agreement with ICE (Fla. Stat. § 908.11). What that means day to day at a particular jail is something to ask that jail.
- A person in immigration proceedings has the right to a lawyer, but at their own expense. The government does not appoint one.
- A criminal defense lawyer must tell a client who is not a citizen whether a plea carries a risk of deportation (Padilla v. Kentucky, 2010).
what families should know
- Never guess. We do not infer an immigration hold from a person’s name, accent, or appearance, or from who their family is. Ask the jail.
- The jail may not be able to tell you everything about another agency’s hold. ICE’s online detainee locator (locator.ice.gov) is the federal tool for finding someone in ICE custody.
what to ask, and do, right now
- Ask the jail whether any hold from another agency exists, and ask for the answer in plain words.
- Tell the criminal defense lawyer about immigration status early. It changes what good advice looks like.
- Write down the person’s full name as agencies spell it, date of birth, and country of birth. Agencies search on them.
not yet confirmed. Whether the Alachua County Sheriff’s Office has a 287(g) agreement, and how it handles ICE detainers, is not yet verified. We will publish it once the office confirms.
