Motion for Reduction of Bond
COMES NOW the Defendant, by and through his undersigned attorney, pursuant to Rule 3.131, Florida Rules of Criminal Procedure, and Article 1, Section 14 of the Florida Constitution, and respectfully moves this Honorable Court to reduce bond and grant bail in the above-styled cause. As grounds therefore, the Defendant states as follows:
1. The Client is 52 years old.
2. The Client was arrested on March 10, and charged with two counts of lewd and lascivious molestation.
3. The Client has remained in and is currently in the Baker County Jail, with bond set at $200,000. The Client cannot afford bond in this amount.
4. Defendant has substantial family and business ties in Baker County. As of now, he owns his own home and fields. However, he is in dire financial straits, and is in danger of losing his home and his livelihood.
5. The Client is not a risk of flight, or a danger to the community. Attached, as Composite Exhibit A, are six character letters so attesting, from members of the community.
6. Rule 3.131(b)(1), Florida Rules of Criminal Procedure establishes a presumption in favor of release on non-monetary conditions for any person who is granted pretrial release.
7. The purpose of the bail is not to punish an accused nor to detain an accused in custody prior to disposition of the case. The purpose of bail, commensurate with the presumption of innocence, is to insure an accused’s appearance in court. Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990); State ex re Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966); Stack v. Boyle, 342 U.S. 1 (1951); Pugh v. Rainwater, 572 F.2d 1053 (5th Cir. 1978).
8. Every person charged with a crime has an absolute right a reasonable bail until a court adjudges that person guilty, unless the state has charged that person with a capital offense punishable by life imprisonment and the State demonstrates that the proof is evident or the presumption is great. Article I, Section 14, Florida Constitution; State v. Arthur, 390 So. 2d 716 (Fla. 1980).
9. An accused has the right to an individualized review of his bail on the facts and circumstances of his situation and alleged offenses. Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990); Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989).
10. Since this Court has decided to set a cash bond, then this Court should set the bond in an amount that this Defendant can possibly afford to post with the Court or with a surety. The setting of cash bail in an amount that the Defendant cannot possibly afford to meet is tantamount to no bail at all. State ex rel Bardina v. Sandstorm, 321 So. 2d 630 (Fla. 3rd DCA 1975); State ex rel Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966).
WHEREFORE, the premises considered, it is respectfully requested this Court grant the instant motion, and reduce the Client’s bond to a reasonable amount.