Board-Certified Criminal Defense Representation In Central Florida

Can You Be Taken Into Custody Right After a Guilty Plea in Florida?

On Behalf of | Jul 24, 2026 | Criminal Defense, Internet Sex Crimes |

As of July 1, 2026, Florida law changed in regards to what happens the moment a person is found guilty of a serious offense. A new law (House Bill 445, now Chapter 2026-19), also known as “Missy’s Law,” requires courts to take certain defendants into custody immediately, with no bond option, while they wait to be sentenced. If you live in Orange, Osceola, or anywhere in Central Florida, here is what changed and why it matters.

What Does HB 445 Actually Change?

Before this law, a judge often had discretion to let a person remain free on bond in the window between a guilty plea or verdict and the sentencing hearing. HB 445 removes that discretion for a defined group of offenses. Now, when a person pleads guilty or nolo contendere to, or is found guilty of, a “dangerous crime,” the court must remand that person into custody immediately, and they must remain in custody pending sentencing without the possibility of release on bond.

What Counts as a “Dangerous Crime”?

Florida law already defined “dangerous crime” in section 907.041 of the Florida Statutes. The list includes serious offenses such as sexual battery, aggravated assault and battery, kidnapping, home-invasion robbery, and abuse of an elderly or disabled person, among others. HB 445 expands that list by adding violations related to computer pornography and child exploitation. Because the custody rule attaches to any offense on this list, the practical reach of the law grew along with the list itself.

Does It Matter If You Plan to Appeal?

No. The law is explicit that the custody requirement applies regardless of whether the person intends to appeal or has already filed a notice of appeal. In other words, planning to challenge the conviction does not keep a person out of custody in the meantime. The bill also restricts a court’s ability to grant postconviction bond in these cases.

Why Does This Matter for Central Florida Residents?

HB 445 is a general state law, so it applies the same way in every Florida judicial circuit, including the Ninth Judicial Circuit that serves Orange and Osceola counties. In practical terms, a defendant in an Orlando or Kissimmee courtroom who might once have gone home to arrange their affairs before sentencing can now be taken into custody on the spot for a qualifying offense. That reality changes how and when important decisions get made in a case, from plea timing to preparing a family for what comes next.

What Should You Do If You’re Facing These Charges?

When immediate custody is on the table, timing and preparation matter more than ever. Whether an offense falls within the “dangerous crime” definition, and how that shapes strategy, depends on the specific charge and facts of your case. If you or a loved one is facing a serious charge in Central Florida, the high- stakes criminal defense attorneys at Lindsey, Ferry, Parker P.A. can review how HB 445 applies to your situation and help you plan ahead.

This post is general legal information, not legal advice. Every case turns on its own facts, so please consult a qualified attorney about yours.