DARRYLL PATTERSON, PETITIONER,
v.
ROBERT NEUMAN, SHERIFF OF PALM BEACH COUNTY, RESPONDENT
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Petitioner Patterson sought a writ of habeas corpus challenging a $100,000 bail set for sexual offenses against a child. The court granted the petition and remanded for new bond determination, finding the bail excessive where the trial court failed to adequately consider statutory bond criteria beyond the nature of the offense.
The court held that the $100,000 bail was excessive and must be reconsidered by the trial court. Where evidence at a bond hearing is insufficient regarding the statutory criteria for bond determinations—including the defendant's ability to meet bond conditions—habeas corpus relief is appropriate.
[1] A bail amount is excessive when the evidence presented at a bond hearing is insufficient to support the determination of the defendant's appearance at future proceedings…
[2] The nature of the offense charged, while a factor in bond determination, does not alone justify an excessive bail amount when other statutory criteria are not adequately…
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Join FLexlaw to unlock all legal intelligence“The purpose of bond is to ensure the appearance of a criminal defendant at subsequent proceedings and to protect the community from unreasonable danger from the defendant.”
Establishes the foundational legal purpose of bail determinations that must guide trial court decisions.
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Join FLexlaw to unlock all legal intelligencePatterson was arrested for sexual offenses against a twelve-year-old child and was not charged with a capital offense or one punishable by life impris…
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PER CURIAM.
Petitioner Darryll Patterson has filed a petition for writ of habeas corpus claiming that his bail of $100,000 is excessive. We grant the petition.
Petitioner filed a motion to set bond after his arrest for sexual offenses on a child. He was not charged with a capital offense or one punishable by life in prison. In his motion, he alleged that he had strong family ties, no prior criminal history, was not a flight risk or danger to the community, and he suggested that conditions of bond could be set so that he would have no contact with the alleged victim.
At the hearing on his motion, petitioner’s counsel represented that petitioner would reside with his mother, his grandmother, and his wife in Belle Glade; that he owned his home; that he was employed as a correctional officer on leave; and that he and his family could post a bond of between $10,000 and $15,000. The state did not contest petitioner’s representations.
The assistant state attorney only argued that the probable cause affidavit identified a confession to the crime by petitioner and that, as a law enforcement officer, petitioner presumably knew that he was violating the law. The assistant state attorney asked that bond be set at $100,000. The trial court thereupon set bond at $100,000 without further comment.
The evidence at this hearing was insufficient as to any of the criteria for bond determinations as set forth in section 903.046, Florida Statutes (1997), and Rule 3.131(b)(3), Florida Rules of Criminal Procedure, except for the nature of the offense charged. Although we recognize that this was a sexual offense on a child, who was age twelve, we reiterate that petitioner is not being charged with a capital offense or one punishable by life in prison.
The purpose of bond is to ensure the appearance of a criminal defendant at subsequent proceedings and to protect the community from unreasonable danger from the defendant. Where, as here, the evidence at a bond hearing 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 reasonable bond. This opinion should not be construed as limiting the trial court’s discretion to impose bond in an amount greater than the standard or schedule sum upon consideration of the appropriate criteria. It would be helpful, for purposes of appellate review, if the trial court would make findings after hearing the evidence on bond criteria, when it resets the amount of bond.
WARNER, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)…we find that bond set at $200,000 was tantamount to no bond. See Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980); Vetri v. State, 558 So. 2d 1097 (Fla. 5th DCA 1990); Cameron v. McCampbell, 704 So. 2d 721 (Fla. 4th DCA 1998); Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998). Cf. Flores v. Cocalis, 453 So. 2d 1198 (Fla. 4th DCA 1984). Accordingly, we grant the petition and direct the trial court to hold a new bond hearing, and to set such conditions of Petitioner’s pretrial release, including a red…
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Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005)…set. Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999). Where the evidence at a bond hearing is insufficient on this criteria, habeas corpus should be granted and the cause returned to the trial court for a new determination. Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998). Accordingly, we grant the petition for writ of habeas corpus solely to the extent that we remand the cause back to trial court for the purpose of holding an eviden-tiary hearing on the petitioner’s financial resources and all…
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Mehaffie v. John Rutherford as Sheriff of Duval Cnty., 143 So. 3d 432 (Fla. 1st DCA 2014)…tion in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.” § 903.046(1), Fla. Stat. (2013); Patterson v. Neuman, 707 So. 2d 946, 947 (Fla. 4th DCA 1998). In seeking a reduction in bail, an accused must present “evidence sufficient to overcome the presumption of correctness of the trial court’s order.” Robinson v. State, 95 So. 3d 437, 438 (Fla. 5th DCA 2012). Simply because…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Marisita Nicholas v. Cochran, 673 So. 2d 882 (Fla. 4th DCA 1996)