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.
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.
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.