WILLIE GRIFFIN, PETITIONER,
v.
CHARLES MCRAY, DIRECTOR, MIAMI-DADE COUNTY CORRECTIONS AND REHABILITATION DEPARTMENT; THE STATE OF FLORIDA, RESPONDENTS
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Trial court lacked authority to sua sponte revoke pretrial release and increase bond without state motion and proper notice; habeas corpus granted and petitioner restored to original release conditions.
A trial court lacks authority to sua sponte increase bond or revoke pretrial release conditions without a motion from the state showing good cause and providing at least three hours' notice to defense counsel.
[1] A trial court lacks inherent authority to sua sponte modify or revoke pretrial release conditions; modification requires a motion from the state with good cause and at le…
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Join FLexlaw to unlock all legal intelligence“The trial court was without authority to increase the bond on its own motion.”
Court's statement of the controlling legal principle from Montgomery v. Jenne.
Griffin was charged with drug purchase and possession. The trial court sua sponte revoked his pretrial release and set a $100,000 bond without any mot…
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PER CURIAM.
Petitioner seeks a writ of habeas corpus challenging the trial court’s sua sponte order revoking his pretrial release and incarcerating him with a $100,000 bond for drug purchase and possession charges. We grant the petition.
The trial court was without authority to increase the bond on its own motion. Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(d)(2) permits the state to apply for modification of bail by showing good cause and with at least three (3) hours notice to the attorney for the defendant. Here, the state never sought a modification of the pretrial release conditions nor did the state establish that revoking the petitioner’s pretrial release conditions and an increase in bail was warranted because of information not available to the committing magistrate setting the initial pretrial release conditions. Thus, habeas corpus is granted to the extent that the petitioner is ordered released from jail and restored to the terms of pretrial services release supervision as initially ordered. See Sikes v. McMillian, 564 So. 2d 1206 (Fla. 1st DCA 1990); Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990). See also Blount v. Spears, 779 So. 2d 672 (Fla. 3d DCA 2001).
Habeas corpus granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isaiah Cameron v. State of Fla. & Al Lamberti, 127 So. 3d 549 (Fla. 4th DCA 2012)…hese conditions by the trial court, Cameron filed this petition for writ of habeas corpus.1 A trial court is without authority to sua sponte increase a bond. Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999). See also Griffin v. McRay, 890 So. 2d 341, 341 (Fla. 3d DCA 2004); Plummer v. State, 65 So. 3d 524 (Fla. 2d DCA 2011); Faella v. State, 90 So. 3d 995, 996 (Fla. 5th DCA 2012). While in this case, the court did not increase the amount of the bond, it added significant and substantial conditi…
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Tagliamonte v. State, 126 So. 3d 352 (Fla. 3d DCA 2013)…ificant and substantial conditions” to defendant’s release bond); Simmons v. State, 915 So. 2d 732 (Fla. 2d DCA 2005) (holding trial court may not increase bond on grounds not raised by the State without prior notice to defendant); Griffin v. McRay, 890 So. 2d 341 (Fla. 3d DCA 2004) (granting habeas corpus, stating State did not move to modify pretrial release conditions and did not establish increased bail was warranted by information not available to the magistrate setting initial pretrial release condition…
Authorities Cited
- Hampton v. State, 744 So. 2d 1148 (Fla. 4th DCA 1999)
- Kelsey v. McMILLAN, 560 So. 2d 1343 (Fla. 1st DCA 1990)
- Sikes v. McMILLIAN, 564 So. 2d 1206 (Fla. 1st DCA 1990)
- Richardson v. State, 779 So. 2d 672 (Fla. 3d DCA 2001)