Month: July 2018

There are several ways that a person can be held without a bond in Florida state courts. In this article I will walk you through them.

Re-Arrested While On Pre-trial Release

The first and most common way that people end up in custody without a bond is because they are re-arrested on a new criminal offense while on pre-trial release for a criminal offense.  When this happens the person will be held at the bond hearing on the new charge for them to go in front of the original judge who will then revoke their bond on the original case.  A judge always has discretion to reconsider setting a bond after revoking a person’s bond and a lawyer can file a motion to have the judge re-evaluate all the circumstances and issue a new bond.

Non-Bondable Offense

A person can also be held without a bond if they are arrested for what we call “non-bondable offenses.”  These are offenses that carry a maximum penalty of life in prison or death.  If a person is arrested on a non-bondable offense he or she will be held without a bond until a hearing is held.  This hearing is called an Arthur hearing.  At the Arthur hearing the prosecutor will need to prove that the person is guilty of the charged offense by a standard called “proof evident, presumption great.”  It is a standard that is higher than proof beyond a reasonable doubt.  If the prosecutor cannot meet that burden at the hearing the judge has to set a reasonable bond.  Even if the prosecutor can meet that standard, however, the judge still has the discretion to set a bond.  This is why it is important that your lawyer request an Arthur hearing on your behalf.

Probation Violation

A person can also be held without a bond while pending a probation violation hearing.  A probationer who is accused of violating his or her probation is not entitled to a bond pending the violation hearing.  A lawyer, however, can still file a motion with the court asking the court to consider some form of release pending the violation.  Although these motions are rarely granted, it might trigger the court to become involved towards facilitating a resolution to the violation with the prosecution and may result in the probationer being reinstated sooner than the hearing date.

If you or a loved one are facing the possibility of being held without a bond for a criminal offense give us a call or enter your information on the form in this page for a free consultation.  We would love to help.

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We wanted to start this blog on verdicts and settlements as a tool to assist attorneys value their cases. These awards do not mean that your personal injury case will have the same value as each of the cases mentioned below, but, by aggregating these verdicts and settlements, we begin to get a general idea what juries and adjusters may do. We also learn about some of the defense verdicts out there, which helps us understand which arguments and factual combinations are least effective.  Today we bring you a negligent security verdict.

Trying cases to a jury is an art, not a science. Therefore, what you are able to obtain for your client is largely related to your jury, the facts of your case, and your ability to put together a passionate and persuasive story. May we all try more cases to juries, for receiving an award from your peers is the best kind of justice.

PREMISES LIABILITY-NEGLIGENT SECURITY

NEARLY $1,000,000 AWARDED BY FLORIDA JURY TO A MAN ROBBED AT WAFFLE HOUSE

Facts: On April 19, 2014, Steve Long was at a Waffle House in Ft. Myers when he was attacked and robbed by three assailants. Plaintiff argued that Waffle House lacked security in an area known for rampant crime. The restaurant argued that Mr. Long was negligent for refusing to give the assailants his money or car keys, and denied that the area was known for crime. The Defense also raised questions as to Mr. Long’s credibility as a result of some contradictory testimony about the incident.

Injuries: Mr. Long suffered facial fractures and minor traumatic brain injury.

Award/Settlement: The jury found Waffle House liable for the Plaintiff’s injuries and awarded $907,212.

Venue: U.S. District Court, Fort Myers

Cause of Action: Negligent Security

Case: Long v. East Coast Waffles, 2:16-cv-00322-PAM-MRM

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