MARISITA NICHOLAS, PETITIONER,
v.
RON COCHRAN, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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The court held that the bail amount was excessive because it was increased without sufficient exploration of the defendant's assets or the purposes of bail.
The trial court increased the petitioner's bail from $30,000 to $100,000 after hearing testimony about additional assets, but the value and liquidity …
The full statement of facts, procedural history, and disposition for this case are member content.
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POLEN, Judge.
Petitioner Marisita Nicholas has filed a petition for writ of habeas corpus claiming that her bad in the amount of $100,000.00 is excessive. We grant the petition.
Within the same hearing the trial court increased the amount of bad from $30,-000 to $100,000 after hearing testimony which indicated that petitioner possessed assets other than those the trial court considered earlier at the hearing. The value or the liquidity of these other assets was not explored. Additionady, the increase does not seem to have been prompted by any testimony in connection with the purposes of bad and its criteria. See § 903.046(1), Fla.Stat. (1995); Fla.R.Crim.P. 3.131(b)(3). The purpose of bad is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. Id.
Accordingly, based on our review of the transcript and the unique facts of this case as revealed in the transcript, we grant the petition for habeas corpus and return it to the trial court so that a new determination of reasonable bad in a reduced amount may be made. Alvarez v. Crowder, 645 So. 2d 63 (Fla. 4th DCA 1994); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980). This opinion should not be construed as limiting a trial court’s discretion to increase bad upon the appropriate criteria. The trial court may also consider any other conditions of pretrial release that it deems appropriate.
DELL and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Darryll Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998)…earing is insufficient on these concerns and the other criteria, including whether the accused can meet bond conditions, then habeas corpus should be granted and the cause returned to the trial court for a new determination. See Nicholas v. Cochran, 673 So. 2d 882 (Fla. 4th DCA 1996); Alvarez v. Crowder, 645 So. 2d 63 (Fla. 4th DCA 1994); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980). Accordingly, we grant the petition for writ of habeas corpus and remand to the trial court for a new determination on rea…
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Burkhart v. Jenne, 814 So. 2d 1064 (Fla. 4th DCA 2001)…uld the Governor issue the warrant for extradition. This is consistent with the general purpose of bail, which is to ensure the defendant’s appearance at subsequent proceedings in this state. See § 903.046(1), Fla. Stat. (2000); Nicholas v. Cochran, 673 So. 2d 882, 883 (Fla. 4th DCA 1996) (noting that the purpose of bail is to ensure defendant’s appearance at subsequent proceedings and to protect the community against unreasonable danger from the defendant). In this case, the subsequent proceedings are an app…
Authorities Cited
- Finlason v. Finlason, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Alvarez v. Crowder, 645 So. 2d 63 (Fla. 4th DCA 1994)