Florida/Georgia Personal Injury & Workers Compensation

...f pretrial release, the rule should also include a procedure to allow for the possibility of modification in accordance with the statute. Accordingly, we modify the Committee's proposal to include the following additional language in accordance with section 903.045(2) pertaining to modification of the condition of no contact with the victim: Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition regarding victim contact if good cause is shown and the interests of justice so require....

...American Druggists' Ins. Co. v. State, 410 So.2d 627 (Fla. 2d DCA 1982) (construing prior version of statute to require adjudication); Accredited Sur. and Casualty Co. v. State, 318 So.2d 554 (Fla. 1st DCA 1975) (same). This reading is consistent with section 903.045, Florida Statutes (1991), which explains the nature of a criminal surety bail bond as follows: It is the public policy of this state and the intent of the Legislature that a criminal surety bail bond .....

...See Reese v. U.S., 76 U.S. (9 Wall.) 13, 20-21, 19 L.Ed. 541 (1869). We do not agree. The purpose of a bail bond is to assure that the defendant will comply with the conditions of the bail bond and appear or be produced by the surety before the court. See § 903.045, Fla....

...ermine whether the failure to actually receive from Mr. Zabala his passport should be ascribed — as Singh and Sun argue — to the trial court, the clerk of court, or the sheriff who released Mr. Zabala from jail. It was Singh’s obligation under section 903.045, Florida Statutes (2009), to ensure that Mr....

...Allstar then filed a motion seeking a remission of the bond forfeiture, arguing that Jones’ death had rendered it impossible to produce Jones. The trial court granted the motion and ordered remission of $3,750. The regulation of criminal bail bonds is found primarily in chapter 903, Florida Statutes. Section 903.045 provides that by executing a bail bond, the surety assumes the obligation to ensure “that the defendant appears at all subsequent criminal proceedings ...,” and that the surety’s failure to do so constitutes a “breach by the b...

...6 , 350 P.2d 748, 749 (1960) (“It is well settled that the death of the principal before the day fixed for his appearance discharges his surety”); see also Wilson v. State ex rel. Edmondson, 308 P.2d 315 (Okla.1957). But here, Allstar failed to perform its obligation long before Jones’ death. As previously noted, section 903.045 imposed an obligation on Allstar to ensure that Jones appeared at all of his criminal proceedings....

...Jenkins' attendance at his court dates. See Universal Bail Bonds, Inc. v. State, 929 So. 2d 697, 699 (Fla. 3d DCA 2006) (the purpose of bail is to assure that the defendant will comply with the conditions of the bail bond and appear or be produced by the surety before the court); § 903.045, Fla....

that Gore appeared at his sentencing hearing. Section 903.045, Florida Statutes (2000), declares the public

...sted resulted in an order that is not reviewable on appeal. We agree. When a bail bond agent executes a criminal surety bail bond, the bail bond agent becomes obligated to ensure that the defendant timely appears at all subsequent court proceedings. § 903.045, Fla....

...4th DCA 2003) (citing Pinellas Cnty. v. Robertson, 490 So.2d 1041, 1042 (Fla. 2d DCA 1986)). Failure of the principal to timely appear constitutes a breach by the surety of its obligations under the bond and triggers forfeiture of the bond under chapter 903, Florida Statutes. § 903.045, Fla....