Denial and Revocation of Bonds in Florida
Posted on July 17, 2013 in: Criminal Defense
In the state of Florida, denial of jail bail bond is not uncommon. Any individual facing charges that involve a dangerous crime, life felony or capital felony will be unable to seek bail. This is designed to protect the community and public at large from potentially dangerous or threatening criminals. Additionally, anyone who fails to register as a sex offender, commits a DUI with one or more prior convictions, or is arrested while on active probation will be denied bail.
It is possible for individuals who have been granted bail in Fort Lauderdale to have the bail revoked after being released if they fail to meet the requirements of their bail or commit an additional crime.
Denial of Jail Bail Bond
According to the Florida Department of Law Service, there were more than 90,000 cases of violent crime committed in the state in 2011 alone. The majority of these charges, which include robbery, forcible sex offenses, murder and aggravated assault, could be considered dangerous crimes and result in the defendant’s denial of bail.
Other dangerous crimes that can result in denial of bail or bond include: arson, aggravated battery, child abuse, abuse of an elderly person, kidnapping, manslaughter, carjacking, lewd or lascivious conduct, home burglary, aggravated stalking, domestic violence, and terrorism.
Individuals charged with these crimes will be able to seek bail only after their first hearing or through the appeals process with the help of criminal defense lawyers.
Judges may deny jail bail/bond if it can be proven by clear and convincing evidence that the individual charged would pose an imminent threat the community.
In making this determination, judges typically will look at the:
- nature of the crime committed;
- amount of evidence present;
- defendant’s criminal record;
- defendant’s ties to the community, including family, employment and length of residence;
- probability that the defendant poses a danger to the public and to victims involved in the case;
- value of any drugs or controlled substances in the case;
- probability the defendant will commit another crime while on bail; and
- source of the funds the defendant likely will use to make bail and whether those sources are from illegal or illicit activities.
If a judge deems a defendant ineligible for bail, the defendant may appeal and offer evidence to challenge this determination.
Revocation of Bond
Individuals facing charges that don’t involve dangerous crimes, life felonies or capital felonies usually can expect to be granted bail. It is possible, however, that once an individual has been granted bail, revocation of bond may occur.
Bail could be revoked if the arrestee: commits and is convicted of an additional felony while out on bail; violates any terms of the bail release, including contacting plaintiffs or witnesses, leaving a specific geographic area and more; or jumps bail, failing to appear in court when required.
Committing any of these acts means the arrestee has forfeited bail, and a warrant for his or her arrest will be issued. Contact criminal defense lawyers to learn about denial jail bail bond at Fort Lauderdale’s Falk & Ross, PA today at (877) 663-5110.
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