HERBERT HAMILTON, PETITIONER,
v.
ED BIELUCH, SHERIFF OF PALM BEACH COUNTY, FLORIDA, RESPONDENT
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Herbert Hamilton seeks habeas corpus relief from a trial court's denial of bond. The Fourth District Court of Appeal holds that where a defendant is not charged with a capital or life felony, the trial court must consider whether reasonable conditions of release can protect the community and assure the defendant's appearance before denying bond.
The trial court erred in denying bond without considering whether any conditions of release could address the statutory factors. Since Hamilton is not charged with a capital or life felony, the trial court must set bond or other reasonable conditions for pretrial release or make specific findings that no condition will suffice.
[1] A person charged with a crime may be denied pretrial release on bond only if the offense is capital or punishable by life imprisonment and the proof of guilt is evident o…
[2] A court must consider whether any conditions of release can protect the community or assure the accused's appearance in court before denying bond for non-capital offenses…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the Florida Constitution, a person charged with a crime may be denied the right to be released on bond only if: (1) the person is accused of a capital crime or an offense punishable by life imprisonment where the proof of guilt is evident or the presumption great; or (2) no condition of release can reasonably protect the community, assure the presence of the accused, or assure the integrity of the judicial process.”
States the constitutional standard governing bond denial in Florida
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Join FLexlaw to unlock all legal intelligenceHamilton was charged with trafficking in cocaine, possession of a firearm during a felony, possession of marijuana under twenty grams, and possession …
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PER CURIAM.
Herbert Hamilton petitions this court for a writ of habeas corpus to direct the trial court to set a reasonable bond.
Hamilton is charged with trafficking in cocaine, possession of a firearm during a felony, possession of marijuana under twenty grams, and possession of a firearm and ammunition while subject to an injunction.
At the first appearance hearing, the court concluded there was probable cause to support the charges and denied bond.
Under the Florida Constitution, a person charged with a crime may be denied the right to be released on bond only if: (1) the person is accused of a capital crime or an offense punishable by life imprisonment where the proof of guilt is evident or the presumption great; or (2) no condition of release can reasonably protect the community, assure the presence of the accused, or assure the integrity of the judicial process. Art. I, § 14, Fla. Const.; see State v. Paul, 783 So. 2d 1042, 1045 (Fla.2001).
Hamilton is not charged with a capital or life felony and the first appearance judge did not consider whether any conditions of release could protect the community or assure Hamilton’s appearance in court.
The state’s response indicated that it has no objection to the granting of the petition to require the court to consider a bond. Accordingly, the petition is granted and the cause is remanded for the circuit court to set bond or other reasonable conditions for his pretrial release or determine that no condition of release will protect the community, assure the presence of the petitioner, or assure the integrity of the judicial process. Fla. R.Crim. P. 3.131(b)(1).
The clerk shall issue the mandate simultaneously with this opinion.
FARMER, C.J., STONE and WARNER, JJ., concur.