HENRY C. MESIDOR, PETITIONER,
v.
ROBERT W. NEUMANN, AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, ETC., ET AL., RESPONDENT
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The Fourth District Court of Appeal granted a petition for writ of habeas corpus seeking reduction of pretrial bond for a defendant charged with sexual battery and kidnapping. The court found that a $200,000 bond was effectively no bond for an indigent defendant with community ties and no prior record, warranting a new bond hearing.
The court granted the petition for writ of habeas corpus and directed the trial court to hold a new bond hearing and set reduced bail conditions appropriate to protect the community, ensure the defendant's presence at trial, and preserve judicial integrity.
[1] The state bears the burden of showing that proof is evident or presumption great to deny pretrial bond for an offense punishable by life imprisonment.
[2] A defendant seeking a reduction in bail must present evidence to overcome the presumption of correctness of the trial court's order.
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Join FLexlaw to unlock all legal intelligence“the state made no attempt at the bond hearing to show that the proof was evident or the presumption great, see State v. Arthur, 390 So.2d 717 (Fla.1980) (placing burden upon state, due to presumption of innocence prior to trial), thus apparently conceding Petitioner's entitlement to bond.”
Establishes that the state failed to meet its burden to justify detention of a defendant charged with serious felonies
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Join FLexlaw to unlock all legal intelligencePetitioner was charged with sexual battery on a person with a mental defect (first-degree felony) and kidnapping (first-degree felony punishable by li…
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PER CURIAM.
We grant the petition of Henry C. Mesidor (Petitioner) for a writ of habeas corpus for reduction of pretrial bond. Although Petitioner was charged with an offense punishable by life in prison,1 the state made no attempt at the bond hearing to show that the proof was evident or the presumption great, see State v. Arthur, 390 So. 2d 717 (Fla.1980) (placing burden upon state, due to presumption of innocence prior to trial), thus apparently conceding Petitioner’s entitlement to bond. We acknowledge that it is the burden of the accused seeking a reduction in bail to adduce evidence sufficient to overcome the presumption of correctness of the trial court’s order. See State ex rel. Smith v. Untreiner, 246 So. 2d 158 (Fla. 1st DCA), cert. denied, 250 So. 2d 643 (Fla.1971).
However, Petitioner demonstrated that he had ties to the community2 and he had no prior criminal record. Taking into consideration that he was adjudicated indigent and had no property other than an automobile, 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 reduced amount of bail, as are likely to protect the community, ensure Petitioner’s presence at trial, and assure the integrity of the judicial process. See Fla. R.Crim. P. 3.131.
STEVENSON, GROSS and TAYLOR, JJ., concur. . Petitioner was charged with one count of sexual battery on a person with a mental defect, contrary to section 794.01 l(4)(e), Florida Statutes, a first degree felony, and one count of kidnaping, contrary to section 787.01(l)(a), Flor-ida Statutes, a first degree felony punishable by life.
. Petitioner was employed at a full-time job and a part-time job at the time of his arrest, had been a resident of Palm Beach County for thirteen years, became a U.S. citizen two years ago, at which time he brought his a wife and four children here from Haiti, and presented the testimony of a local pastor who knew him for seven years.
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Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)…; review granted, 732 So. 2d 330 (Fla.1999), Harris v. State, 726 So. 2d 330 (Fla. 5th DCA), review granted, 732 So. 2d 326 (Fla.1999); State v. Bates, 753 So. 2d 114 (Fla. 4th DCA 1998), review granted, 741 So. 2d 1134 (Fla.1999); Swihart v. State, 721 So. 2d 810 (Fla. 5th DCA 1998), review granted, 729 So. 2d 394 (Fla.1999); State v. Falkenstein, 720 So. 2d 1143 (Fla. 4th DCA 1998), review granted, 729 So. 2d 390 (Fla.1999), and review granted, 732 So. 2d 325 (Fla.1999); Johnson v. State, 23 Fla.L. Weekly D…
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Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005)…Dobeck, 473 So. 2d 302 (Fla. 4th DCA 1985). It is also settled that excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all. Winer v. Spears, 771 So. 2d 621, 622 (Fla. 3d DCA 2000); Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998). That is why evidence of financial resources of the petitioner must be heard and taken into consideration before bond is set. Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999). Where the evidence at a bond hearing is insufficie…
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Mehaffie v. John Rutherford as Sheriff of Duval Cnty., 143 So. 3d 432 (Fla. 1st DCA 2014)…an “excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all.” Camara v. State, 916 So. 2d 946, 947 (Fla. 3d DCA 2005) (citing Winer v. Spears, 771 So. 2d 621, 622 (Fla. 3d DCA 2000); Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)). Here, the bond of $750,009 is excessive in light of the undisputed evidence of Me-haffie’s exemplary employment and armed service history and involvement in his community, along with his financial status. On the record present…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Finlason v. Finlason, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980)
- State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 246 So. 2d 158 (Fla. 1st DCA 1971)
- State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 250 So. 2d 643 (Fla. 1971)
- City OF N. Miami v. Carter, 250 So. 2d 643 (Fla. 1971)
- Davis v. State, 707 So. 2d 946 (Fla. 4th DCA 1998)
- Emilio Aparaca Flores v. The Honorable Patricia W. Cocalis, 453 So. 2d 1198 (Fla. 4th DCA 1984)
- Black v. Metro. Dade Cnty. & Fla. Unemployment Appeals Comm'n, 704 So. 2d 721 (Fla. 3d DCA 1998)
- Cameron v. McCAMPBELL, 704 So. 2d 721 (Fla. 4th DCA 1998)