Motion to Set Bond
COMES NOW the Defendant, (name), by and through his undersigned attorney, pursuant to State Rules of Criminal Procedure 3.131, and Article 1, Section 14 of the State Constitution, and respectfully moves this Honorable Court to set a bond in the above-styled cause. As grounds therefore, the Defendant states as follows:
1. (Defendant’s name), was arrested in name of County on (date), on a name of County warrant for the first degree misdemeanor, Violation of Injunction for Protection against Domestic Violence, in violation of S. 741.31(4)(a)1, Fla. Stat.
2. A copy of the name of (County) Affidavit for Arrest Warrant and Arrest Warrant are attached as Exhibits A and B, respectively.
3. The Arrest Warrant, which was signed by name of County Court Judge (name of Judge), states: “Bond to be set at first appearance, no alcohol, no drugs, no contact with victim, no firearms or weapons”
4. On (date), four (4) days after the Defendant’s arrest, the Supreme Court issued Sup. Court Order No., re COVID-19 Emergency Measures in (State) Courts. The Order states: Chief Judges are authorized to direct judges “to address detention and monetary bond or other conditions of pretrial release in the county of arrest, regardless of whether the case is transferred, rather than requiring transport of the defendant to the county where any warrant or capias originated” (emphasis added). (Exhibit C).
5. As noted above, (Defendant’s name) was arrested on (Date), prior to the issuance of (State) Supreme Court Order.
6. Therefore, when (the Defendant) attended first appearance, the County judge did not set a bond at first appearance. However, (the Defendant) was also not transported to (County name).
7. Thus, (the Defendant) has remained in the County Jail, with no bond, since their arrest on (Date).
8. Assistant Public Defender, (Assistant Public Defender’s name), has reported to undersigned counsel that Assistant State Attorney, (Assistant State Attorney’s name), has agreed to a $500.00 bond in this matter.
9. Defendant has substantial family and business ties to this County:
a. The defendant has resided in (County name) for approximately two (2) years.
b. Defendant’s (family member), (name), resides in this County with the defendant.
c. The defendant was employed as (employment)
(State) Rules of Criminal Procedure 3.131(b)(1), establishes a presumption in favor of release on non-monetary conditions for any person who is granted pretrial release.
10. 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).
11. 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).
12. 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).
13. If this Court decides 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 set a reasonable bond for the Defendant.