YUL MEDINA, PETITIONER,
v.
STATE OF FLORIDA AND SCOTT ISRAEL, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENTS
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The Florida Fourth District Court of Appeal granted a habeas corpus petition and quashed a circuit court order revoking the petitioner's pretrial bond based on an insufficient affidavit. The court held that revoking pretrial release under section 903.0471 requires an affidavit containing facts establishing probable cause for a new crime, not merely the assertion that a charge was filed.
An affidavit used to revoke pretrial release under section 903.0471 must contain facts establishing probable cause for the new crime; a bare assertion that a charge was filed is insufficient. The probable cause determination required is similar to that necessary for an arrest warrant or first appearance and must be based on an affidavit of a police officer, sworn complaint, sworn deposition testimony, or other properly recorded sworn testimony.
[1] A court may revoke pretrial release and order pretrial detention only if it finds probable cause to believe the defendant committed a new crime while on pretrial release.
[2] An affidavit stating only that a defendant was charged with a new crime, without providing facts establishing probable cause for that charge, is insufficient to revoke pr…
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Join FLexlaw to unlock all legal intelligence“a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.”
Establishes the statutory framework under section 903.0471 requiring a finding of probable cause for revocation of pretrial release
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Join FLexlaw to unlock all legal intelligenceWhile on pretrial release, Medina was charged in a Miami-Dade County case with driving while license suspended. The circuit court revoked Medina's bon…
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We-previously entered an order granting the petition for writ of habeas corpus filed in this case. This opinion explains the rationale for that order.
The circuit' court revoked the petitioner’s bond and ordered pretrial detention based solely on the pretrial release officer’s affidavit stating only that the petitioner, while on pretrial release, had been charged in a Miami-Dade County case with driving while license suspended. The affidavit did not state any facts establishing probable cause for the new charge. Because the affidavit did not state any facts establishing probable cause for the new charge, the affidavit was insufficient to revoke pretrial release and order pretrial detention. See § 903.0471, Fla. Stat. (2015) (“Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.”) (emphasis added); Simeus v. Rambosk, 100 So.3d 2, 4 (Fla. 2d DCA 2011) (the probable cause determination required under section • 903.0471 is similar to the probable cause determination necessary to support an arrest warrant or to the probable cause determination made at first appearance; it must be based on an affidavit of a police officer, a sworn complaint, sworn deposition testimony, or other testimony under oath properly recorded).
Accordingly, we granted the petition, quashed the circuit court’s order revoking pretrial release, and ordered the court to release the, petitioner on the previously imposed bond conditions unless the court first was presented with sufficient evidence to establish probable cause for the new charge.
Petition granted.
STEVENSON, GERBER and FORST, JJ., concur. .: .