NEIL LEONARD ROBINSON, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Robinson petitioned for a writ of habeas corpus challenging his $500,000 bail as excessive. The Florida Fifth District Court of Appeal agreed, finding the bail amount was so excessive as to be the functional equivalent of no bail, and remanded for a new bond hearing where the trial court must consider statutory factors and Robinson's financial circumstances.
The court held that the $500,000 bail was excessive and constituted the functional equivalent of no bail. The trial court's failure to consider statutory factors and Robinson's financial circumstances in setting bail was error. The court granted the petition and remanded for a new bond hearing.
[1] A writ of habeas corpus is the appropriate procedural vehicle to challenge a trial court's ruling on the conditions of pretrial release.
[2] Setting bail in an amount that is functionally equivalent to no bail is an excessive bail determination.
Previewing 2 of 5 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“We conclude that the trial court set an excessive amount of bail, which is the functional equivalent of no bail.”
Establishes the core holding that the bail amount was unconstitutionally excessive
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Join FLexlaw to unlock all legal intelligenceRobinson was arrested and charged with two counts of aggravated child abuse, first-degree felonies. His cumulative bail was set at $500,000 at his fir…
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Petitioner, Neil Leonard Robinson, Jr. (“Robinson”), petitions this Court for a writ of habeas corpus, contending that his pretrial detention under a $500,000 bail bond is illegal.1 We conclude that the trial court set an excessive amount of bail, which is the functional equivalent of no bail. Consequently, we grant the petition, quash the order denying Robinson’s motion for reduction of bond, and remand for further proceedings.
Robinson was arrested and charged with two counts of aggravated child abuse, first-degree felonies in violation of section 827.03(2), Florida Statutes (2012). Robinson’s cumulative bail was set at $500,000 at his first appearance hearing. Robinson then moved to reduce his bond. Following a hearing, the trial court denied the motion, finding that the bail amount was reasonable under the circumstances. In so ruling, the trial court failed to take into account the statutory factors contained in section 903.046, Florida Statutes (2012).
We acknowledge that an accused seeking a reduction in bail has the burden to adduce evidence sufficient to overcome the presumption of correctness of the trial court’s order. See Mesidor v. Neumann, 721 So.2d 810, 811 (Fla. 4th DCA 1998). Evidence of Robinson’s financial status, attendance at court proceedings, family ties, long-term residence in the community and employment history was sufficient to show that bail in the amount of $500,000 was excessive. While Robinson has some financial resources, the record demonstrates that $500,000 is well beyond his financial abilities. Because “[b]ail should not be fixed in so excessive an amount as to preclude the probability of the accused’s being able to furnish it,” Matera v. Buchanan, 192 So.2d 18, 20 (Fla. 3d DCA 1966), we conclude that the bail is excessive, particularly given his ties to the community and *439employment. See, e.g., Leighton v. State, 55 So.3d 675, 676 (Fla. 5th DCA 2011) (determining that bail in amount of $1,600,000 for twenty-three-year-old defendant charged, inter alia, with attempted first-degree murder was excessive based on defendant’s financial status); Mesidor, 721 So.2d at 811 (finding $200,000 bail on life felony unreasonable where defendant had ties to community and no prior criminal record, was adjudicated indigent, and had no property other than automobile); Cameron v. McCampbell, 704 So.2d 721, 722-23 (Fla. 4th DCA 1998) (holding that one million dollar bail excessive where evidence is insufficient to show that petitioner could meet bail).
Accordingly, we grant the petition and direct the trial court to promptly hold a new bond hearing, taking into consideration Robinson’s financial circumstances as well as all other relevant factors. See § 908.046(2), Fla. Stat. (2012); Fla. R.Crim. P. 3.131.
PETITION GRANTED; REMANDED.
ORFINGER, C.J., TORPY and EVANDER, JJ., concur.
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Mehaffie v. John Rutherford as Sheriff of Duval Cnty., 143 So. 3d 432 (Fla. 1st DCA 2014)…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 a defendant testifies that he cannot meet a given bond amount does not mean the bond is per se excessive or unreasonable. See Dyson v. Campbell, 921 So. 2d 692, 693 (Fla. 1st DCA 2006). Further, “[i]n additio…
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Knight v. State, 213 So. 3d 1019 (Fla. 1st DCA 2017)…potential life sentence after being charged with sexual battery and kidnapping, because “[tjaking into consideration that he was adjudicated indigent and had no property other than an automobile,” $200,000 was too high); see also Robinson v. State, 95 So. 3d 437, 438-39 (Fla. 5th DCA 2012) (finding $500,000—which was “well beyond [defendant’s] financial abilities”—excessive, considering defendant’s “ties to the community and employment”). Moreover, the trial court here made no factual findings and offered n…
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Alfaro v. Wells, 255 So. 3d 289 (Fla. 2d DCA 2018)…The petitioner's petition for writ of habeas corpus is denied. See Robinson v. State, 95 So. 3d 437, 438 (Fla. 5th DCA 2012) (holding an accused seeking a reduction in bail has the burden to present evidence sufficient to overcome the presumption of correctness of the trial court's order); Dyson v. Campbell, 921 So. 2d 692, 693 (Fla. 1st DCA 2006)…
Authorities Cited
- State of Fla. ex rel. William Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973)
- Matera v. Buchanan, 192 So. 2d 18 (Fla. 3d DCA 1966)
- Swihart v. State, 721 So. 2d 810 (Fla. 5th DCA 1998)
- Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)
- 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)
- Leighton v. State, 55 So. 3d 675 (Fla. 5th DCA 2011)