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Motion to Set and Reduce 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 grant bail in a reasonable amount in the above-styled cases. As grounds therefore, the Defendant states as follows:
1. The client is 35 years old.
2. The client was arrested on June 25, and charged with obtaining controlled substance by withholding information from a practitioner, a third degree felony. Bond was set at $50,003.
3. On June 27, an Affidavit for Violation of Probation was filed, and on July 6, the court signed a warrant, setting no bond in that case. The only allegation in the VOP was the client’s arrest in the aforementioned case.
4. The client has remained in and is currently in the Pretrial Detention Facility.
5. The client has substantial family and business ties in the Jacksonville area.
6. The client’s father and stepmother, C. and N., live in Jacksonville. C. served his country and was honorably discharged from the military. He was Vice President of a bank from 1971-1992, and a golfer from 1980-1992. He then owned his own company, until he retired.
7. The client’s mother resides in Jacksonville and has worked for a law firm for the past 20 years, as a paralegal.
8. The client’s step-father is a retired Jacksonville Sheriff’s Officer, and was an instructor at the police academy. He served with the Jacksonville Sheriff’s Office (“JSO”) for 35 years.
9. The client’s step-brother is employed by JSO as a member of the SWAT team.
10. The client’s ex-wife, son, and two step-children reside in Clay County. The client’s ex-wife has been employed by (company) for the past 15 years as a District Supervisor. The client was providing child support for his son, age 11, but has been unable to do so since his arrest on these matters. This lack of support is causing financial hardship to the client’s ex-wife.
11. The client’s sister, her husband, and her three children reside in Jacksonville.
12. The client’s grandparents reside in Jacksonville, and have substantial health problems. At the time of his arrest, the client was living with them, and caring for them.
13. The client is a lifelong resident of Jacksonville. He graduated from high school in 1994, and completed some college courses at FCCJ.
14. The client was in the retail grocery business for several years. At the time of his arrest he was employed by a retail grocery business.
15. Prior to these allegations, the client was arrested for DUI Manslaughter, and as a result, was sentenced to serve one year in the Duval County Jail, and 13 years probation.
16. The client began his probation sentence on February 1, and successfully completed 12 years of his required 13 years of probation, with no violations, until his arrest this year.
17. 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.
18. 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, S. Ct. 1 (1951); Pugh v. Rainwater, 572 F.2d 1053 (5th Cir. 1978).
19. 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).
20. 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).
21. If this Court decides to reduce the client’s cash bond, then this Court should reduce 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. 3d 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 set a reasonable bond for the Defendant.