Pre-Trial Release

If you’ve been arrested, you are likely anxious to be released from jail so you can get back to your family and your work. There are situations in which the court may set the bond very high so that you aren’t able to post it. There are also situations in which the conditions for pre-trial release are quite and difficult to adhere to. If you have been charged with a crime or have questions about pre-trial release, you should consult an experienced Tampa criminal defense attorney. Hanlon Law fights for the accused.

Unless you’re charged with a capital crime or a crime that can be punished by life in prison and the proof of your guilt is apparent or the presumption is high, you can be entitled to pre-trial release on reasonable conditions. Among other things, it is likely that a condition of pre-trial release will be that you not contact the victim of the alleged crime except through pre-trial discovery. For instance, if you were arrested for rape, it is crucial you not try to contact the alleged victim and try to convince her to change her testimony.

Other conditions will no doubt be imposed. The purpose of these conditions is to reasonably protect the public from the risk of bodily harm, make sure you come to trial, and otherwise ensure that the judicial process has integrity. If these aims cannot be met, you may not be able to be released before trial.

If you retain an experienced and skillful criminal defense attorney, they can potentially help you get released with favorable pre-trial release conditions. This is important because if the conditions are harsh and you’re not able to stick to them, the prosecutor can bring a motion to revoke the pre-trial release so that you’re held without bond on the case until its resolution. And if you’re arrested for a new offense, your bail in the first case could be revoked based only on the arrest warrant or a probable cause determination.

Your pre-trial release revocation can happen without an adversarial proceeding. In other words, the prosecutor simply needs to present proof sufficient to support an arrest warrant on new criminal charges or a probable cause determination.

Except where the prosecutor files a motion for pre-trial detention under rule 3.132, the court can conduct a hearing to decide pre-trial release. There’s a presumption that supports release with conditions for anybody who is granted a pre-trial release. The judicial officer may impose a combination of conditions. These can include your personal recognizance, placement of restrictions on association, travel or place of a defendant’s abode during the release period, execution of an unsecured appearance bond, placement of the defendant in the custody of a designated person or organization that agrees to supervise the defendant, and execution of a bail bond with enough solvent sureties. The officer is empowered to set any other conditions it finds reasonably necessary to make sure you appear, including a requirement that you go back into custody after a certain hour.

When deciding whether to release you on bail or to set other conditions, the court is allowed to look at what is being charged and the circumstances surrounding the charge, as well as the potential penalties. It can look at your family ties, the weight of the evidence stacked against you, how long you lived in the community, where you work, your financial resources, whether you have a mental or substance abuse condition and need treatment, your actions including prior convictions or failures to appear in court, where you got the bail money, and other relevant facts.

If you’re charged with a dangerous crime under Florida Statutes section 907.041(4)(a), you cannot be released on monetary conditions, except where the pre-trial release service has verified certain conditions specified in Florida Statute section 907.041(3)(b).

If you need a lawyer to try to secure pre-trial release in Tampa, you should contact Hanlon Law. Our founder Will Hanlon has been defending the accused since 1994. Please call Hanlon Law at (813) 228-7095 or contact us via our online form.