Factual error: In the episode originally aired on 10/24/05 entitled 'Under Suspicion' Walter Dresden's DNA was positively linked to a murder in Orlando. Even if the judge dismissed the case against him in Miami, he would have been transported to Orlando to stand trial for that crime, not simply released.
Factual error: Delko would not be able to work on the case, since he was present at the robbery and thus an eyewitness. An eyewitness who fired his gun at that. He would have been dismissed from the case.
Factual error: When Nikki is found dead, electrocuted in her bath by having a tanning lamp thrown into the water with her, the lamp is shown as being on, fully lit, and mysterious blue electric lights are playing about around it. However, when the CSI crew enter the room they note that the safety on the plug tripped instantly - 'just not in time'. There should have been no power to the lamp, then.
Answer: Yes, sizes of jails differ.