CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 WL 104585
...on to be admitted to bail pursuant to Florida Rules of Criminal Procedure 3.131(h) and (b). Then, following procedures established by decisional law in this district, [1] the court evaluated the state's proof of the need for pretrial detention under section 907.041(4)(b), Florida Statutes....
...(h) and (b). [2] We went a step further in Metzger v. Cochran,
694 So.2d 842, 843 (Fla. 4th DCA 1997), to clarify that a refusal "to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove, §
907.041(4)(f), beyond a reasonable doubt." Under section
907.041(4)(b) of the statute, the court may order pretrial detention if it finds that any of four enumerated conditions is met. In this case, both parties concede that only the condition in section
907.041(4)(b)4.b....
..."of a dangerous crime within the 10 years immediately preceding the date of his arrest for the crime presently charged." *1169 Petitioner contends that the state fell short in meeting its burden of proof for pretrial detention under Florida Statute 907.04....
...of a dwelling constitutes a prior conviction for a dangerous crime. Relying on Moody v. Campbell,
713 So.2d 1032 (Fla. 1st DCA 1998), he points out that a juvenile disposition is not included in the definition of a prior "conviction" for purposes of section
907.041(4)(b)4.b....
...By contrast, the legislature has, in other contexts, spoken to the effect of prior juvenile convictions. See, e.g., §§ 921.0011(5), Fla. Stat. (1997)(sentencing guidelines);
90.610(1)(b)(evidence). The absence of any clarification by the legislature regarding the applicability of juvenile adjudications to section
907.041(4)(b)4.b....
...points to their exclusion from its scope, especially in light of the rules of statutory construction in criminal proceedings. Id. at 1033 (citations omitted). We find the reasoning in Moody persuasive and agree that the legislature's failure to specifically include juvenile adjudications in section 907.041(4)(b)4.b. precludes the state from using a delinquency adjudication to satisfy its burden of proving a prior conviction for a dangerous crime under 907.041(4)(b)4.b....
...o reconsider Merdian v. Cochran and its progeny and reexamine the rule established in those cases that the trial court has no discretion to refuse readmission to bond upon breach of a bond condition, absent proof of the pretrial detention factors in section 907.041....
...The state urges us to adopt the Third District Court of Appeal's position recently enunciated in Houser v. Manning,
719 So.2d 307 (Fla. 3d DCA 1998). In Houser, the third district held that once a defendant violates a bond condition, the bond may be revoked without regard to the pretrial detention criteria in section
907.041, and that any new bond is addressed to the sound discretion of the trial court....
...It rejected the defendant's argument that he was entitled, as a matter of right, to have a new bond set on the original armed robbery charge. In his petition for a writ of habeas corpus, the defendant cited our Merdian decision for the proposition that unless he met the criteria for pretrial detention under section 907.041, Florida Statutes, the court was required to readmit him to bond....
...ain a person "[I]f no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." Art. I, § 14, Fla. Const. (1983). Section 907.041, Florida Statutes, implemented the constitutional amendment and established specific criteria for determining whether a defendant may be detained without bond....
...reducing the costs for incarceration by releasing, until trial, those persons not considered a danger to the community who meet certain criteria. It is the intent of the Legislature that the primary consideration be the protection of the community. Section
907.041(1), Fla. Stat. (1997). The Houser court reasoned that section
907.041 and the amendment to Article I, section 14 were enacted to expand the court's authority to deny bond in certain situations and were not intended to "cut back on the court's power to enforce bond conditions and revoke bond where bond conditions have been breached." Houser,
719 So.2d at 310-311....
...persons charged with crimes in Florida have a general right to pretrial release on reasonable conditions. Houser also cites our decision in State v. Ajim,
565 So.2d 712 (Fla. 4th DCA 1990), for the proposition that "it has been explicitly held that section
907.041 is complementary to, and does not replace, a trial court's already-existing power to deny bail." Id....
...In Ajim, we were referring to the trial court's discretion to deny bail, as recognized in State v. Arthur,
390 So.2d 717 (Fla.1980), for crimes punishable by death or life in prison where the proof is evident and the presumption is great. Our intention was to clarify that section
907.041 did not remove a trial judge's discretion to grant or deny bail to a defendant charged with a nonbondable offense. See also State v. Fox,
647 So.2d 1051 (Fla. 5th DCA 1994) (trial judge erroneously believed he lacked discretion to deny bail in an Arthur application absent the specialized showing in
907.041(4)(b)). We took no position in Ajim, however, on the trial court's discretion to deny bond outside of the criteria set forth in Arthur and section
907.041....
...arrest, but also to bond decisions following rearrests and renewed bail applications. We continue to hold, as we did in Merdian and Metzger, that the court's authority to deny bond pending trial is circumscribed by the provisions of Florida Statute section 907.041....
...iately preceding the date of his or her arrest for the crime presently charged. c. The defendant is on probation, parole, or other release pending completion of sentence or on pretrial release for a dangerous crime at the time of the current arrest. § 907.041(4)(b), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564
...an offense punishable by life imprisonment. On the other hand, the pertinent statute and rules of procedure appear to be directed to the second, more general, exception to the right of pretrial release, which may be applied regardless of the charge. Section 907.041, Florida Statutes (2012), is entitled “Pretrial detention and release.” It sets forth a scheme wherein there is a presumption in favor of releasing an accused on nonmonetary conditions unless he or she is charged with a “dangero...
...rocess. 4 *1223 When assessing whether there is a substantial probability of one of the seven circumstances, the court may consider the defendant’s behavior patterns, the criteria in section
903.046, Florida Statutes, and any other relevant facts. §
907.041(4)(e)....
...Section
903.046 lists required considerations applicable to bail determinations generally. Among them is “[t]he weight of the evidence against the defendant.” §
903.046(2)(b), Fla. Stat. (2012). For purposes of the statute, offenses qualifying as dangerous crimes which may warrant pretrial detention are listed in section
907.041(4)(a)....
...For example, number 18 on the list is an “[a]ct of domestic violence as defined in s.
741.28.” Under the referenced statute, domestic violence may include a simple assault or battery. §
741.28(2), Fla. Stat. (2012). It is apparent, then, that section
907.041 is directed to the second, general, exception to the right of pretrial release set forth in article I, section 14....
...If so, he or she may be detained in custody pending the second step in the process, an adversarial final hearing on pretrial detention. At the final hearing, the State must prove beyond a reasonable doubt that pretrial detention is necessary under the criteria set forth in section 907.041....
...gs required by that rule. The Instant Case In Preston’s case, the State did not file a motion for pretrial detention under rule 3.132, nor did the court receive evidence sufficient to demonstrate the need for pretrial detention under that rule and section 907.041....
...be entitled to release on reasonable bail with sufficient surety unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great. Art. I, § 14, Fla. Const. (1968). . Section 907.04 l(4)(c) states: The court may order pretrial detention if it finds a substantial probability, based on a defendant's past and present patterns of behavior, the criteria in s....
...urrently before the court and the violation, in the discretion of the court, supports a finding that no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial. .Section 907.041(4)(a) provides: (a) As used in this subsection, "dangerous crime” means any of the following: 1....
