Not if you are arrested in Charlotte, Collier, Glades, Hendry or Lee County, Florida.
The Chief Judge of the Florida 20th Judicial Circuit issued a Memorandum on Friday, April 3, 2020 Ordering that:
Any person arrested for violating any rule adopted under Fla. Stat. §381.00315, any isolation
or quarantine, or any requirement adopted by the DOH shall be held in custody with a NO BOND HOLD pending First Appearance.
The Memorandum goes on the state that at First Appearance, the presiding Judge may accept testimony from the State Health Officer or Department of Health and may make a determination as to whether the setting of bond or bail is appropriate.
WHAT DOES THIS MEAN?
The short version is:
If a Law Enforcement Officer believes you are violating the Executive Order to stay home and decides to take action, you WILL be arrested (no citations, tickets or Notices to Appear will be issued)
You will stay in jail until at least the following morning (next First Appearance docket).
The Judge may not release you or give you a bond at First Appearance.
You will likely be charged with a 2nd Degree Misdemeanor crime.
HOW CAN I BE PREPARED?
Make sure you understand the Governor’s Order regarding essential services and activities.
Make sure you have proof of employment if you are traveling for work purposes.
Carry appointment cards for Doctor’s, Attorney’s, and other essential businesses.
Remember, you have a Constitutional Right against self-incrimination.