BENJAMIN
v.
JUNIOR
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A trial court must make an explicit finding that a defendant's failure to appear was willful and that no reasonable conditions of release exist before ordering pretrial detention without bond.
[1] A trial court must make a finding that a defendant's failure to appear was willful before ordering pretrial detention without bond.
[2] Pretrial detention without bond requires a finding that no conditions of release can reasonably protect the community from risk of physical harm, assure the presence of t…
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Join FLexlaw to unlock all legal intelligence“no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process”
Quoting the constitutional standard for pretrial detention from State v. Blair and article I, section 14 of the Florida Constitution
Benjamin was charged with failure to return a hired vehicle, a third-degree felony. The trial court ordered him held without bond following his failur…
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Petitioner, Terrance Benjamin, seeks a writ of habeas corpus, challenging his pretrial detention. Petitioner was charged with failure to return a hired vehicle, a third-degree felony. See § 817.52(3), Fla. Stat. (2018). The trial court ordered petitioner held without bond following a failure to appear for jury trial.
Petitioner argues the trial court failed to make a finding that his failure to appear was willful and that “no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process.” State v. Blair, 39 So. 3d 1190, 1192 (Fla. 2010) (quoting art. I, § 14, Fla. Const.); see Williams v. State, 68 So. 3d 1010 (Fla. 4th DCA 2011). The State, properly and commendably, concedes error. See § 907.041, Fla. Stat. (2018); State v. Paul, 783 So. 2d 1042 (Fla. 2001).
Accordingly, we grant the petition and direct the trial court to release petitioner with reasonable conditions. This opinion should not be read to limit the ability of the trial court to take additional evidence or impose ancillary conditions on pretrial release.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Paul, 783 So. 2d 1042 (Fla. 2001)
- State v. Blair, 39 So. 3d 1190 (Fla. 2010)
- Williams v. State, 68 So. 3d 1010 (Fla. 4th DCA 2011)