DAVID MCCARTHY, PETITIONER,
v.
KEN JENNE, SHERIFF OF BROWARD COUNTY, RESPONDENT
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PER CURIAM.
We deny the petition for writ of habeas corpus. In this ease, petitioner is charged with a violation of probation. Bail pending revocation of a violation of probation is not a guaranteed constitutional right. See § 948.06(1), Fla. Stat. (2002) (stating that if the probationer does not admit the violation, “the court may commit [the person] or release [the person] with or without bail to await further hearing”); Fla. R.Crim. P. 3.790(b) (same); Bernhardt v. State, 288 So. 2d 490, 497 (Fla.1974).
Unless petitioner can show that the trial court abused its discretion in denying bail, he is not entitled to a writ of habeas corpus. See Bennington v. Thornton, 370 So. 2d 856 (Fla. 4th DCA 1979).
In this case, after bond had been set, the state filed an amended affidavit of violation of probation adding the new charge that petitioner had been driving under the influence of a controlled substance, in addition to alcohol. At the first bail hearing, petitioner argued that the evidence against him for DUI was weak, since his blood alcohol reading was .00.
The trial court did not abuse its discretion in reconsidering bail under the new charge on the amended violation of probation warrant.
GUNTHER, GROSS and MAY, JJ., concur.
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Peraza v. Bradshaw, 966 So. 2d 504 (Fla. 4th DCA 2007)…a crime for which he or she is deemed innocent until proven guilty beyond a reasonable doubt. As such, there is no constitutional right to bail pending a revocation of probation. See Genung v. Nuckolls, 292 So. 2d 587 (Fla.1974); McCarthy v. Jenne, 861 So. 2d 99 (Fla. 4th DCA 2003). Because this was an arrest for a probation violation rather than a new crime, we conclude that Florida Rule of Criminal Procedure 3.131 does not apply. Rule 3.131(a) starts with the premise that a person charged with an offense…
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State v. Danterious Lawrence, 219 So. 3d 941 (Fla. 4th DCA 2017)…resumption. Id. Further, a person on probation at the time of his arrest does not have- a constitutional right to be released prior to his violation of probation hearing. Id. (citing Genung v. Nuckolls, 292 So. 2d 587 (Fla. 1974); McCarthy v. Jenne, 861 So. 2d 99 (Fla. 4th DCA 2003)). Therefore, there is a fundamental flaw in the argument that the statute is- unconstitutional because it lacks a procedure for a probationer arrested of a new crime to seek bail. That probationer is not constitutionally entitle…
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Liliana Francisca Vanegas v. State (Fla. 3d DCA 2023)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- Bennington v. Verne C. Thornton, Jr., 370 So. 2d 856 (Fla. 4th DCA 1979)