Pre-trial Release
“Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident the presumption is great, every person charged with a crime…shall be entitled to pre-trial release on reasonable conditions. If 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, the accused may be detained.” (Section 14, Florida Declaration of Rights)
When it comes to criminal cases, the decision to release or detain a defendant is left up to the judges, also known as the committing magistrates. In order to prevent accusations of constitutional violations, committing magistrates only order pre-trial detentions in the most extreme cases.
Typically, bond is denied to those who have previously jumped bail, have had prior convictions for violent crimes, or were arrested with large amounts of drugs. The conditions of pre-trial release are usually based on the prior history of each individual. In order to assist with the decision, the judge utilizes provisions such as the defendant’s previous convictions, ties to the community, and a variety of other sources.
Florida Statutes 903.03 and 903.046 direct committing magistrates to consider various factors, such as the danger posed by the defendants to the community and the possible source of funds that will be used for the bail. A committing magistrate who decides to impose monetary bail must also set the amount while keeping in mind that he or she is still bound by the constitutional requirements of reasonableness. Moreover, the Supreme Court of Florida ruled that charging excessive bail is equivalent to denying bail.
As per court rulings, the amount of a bond is appropriate if it is low enough for a defendant to post it without undue hardship. However, the bond must be high enough that the defendant would rather face his or her accusers in court than forfeit it.