NIEL PAUL, PETITIONER,
v.
TIMOTHY RYAN, DIRECTOR MIAMI-DADE DEPARTMENT OF CORRECTIONS AND REHABILITATION AND THE STATE OF FLORIDA, RESPONDENTS
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Florida appellate court granted habeas corpus petition because trial court failed to determine whether defendant's failure to appear was willful before denying bond.
A trial court must determine whether a defendant's failure to appear was willful before denying bond.
[1] A trial court must determine whether a defendant's failure to appear was willful before denying bond under the Florida Constitution and Florida Statutes.
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Court's explanation of the error requiring reversal
Niel Paul sought habeas corpus relief to challenge his detention without bond after failing to appear at trial.…
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Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for the State of Florida, respondent.
Niel Paul seeks a writ of habeas corpus to remedy his detention without bond. At the hearing on the bond motion, the trial court failed to determine whether Paul’s failure to appear was willful.1 See Williams v. State, 59 So.3d 387 (Fla.2011). As such, we grant Niel Paul’s petition for writ of habeas corpus, quash the order below and remand to the trial court only to the extent that we direct the trial court to set an expedited bond hearing for the purpose of determining whether the defendant is entitled to reasonable bond. The trial court’s determination shall include, but is not limited to, Paul’s willfulness in failing to appear on his scheduled trial date.
Petition granted; case remanded for an expedited bond hearing.