STATE OF FLORIDA EX REL. BILLY JOE CRABB, DAVID BRANSON AND GEORGE MANKIN, PETITIONERS,
v.
DALE CARSON, SHERIFF OF DUVAL COUNTY, FLORIDA, JOE M. CREVASSE, SHERIFF OF ALACHUA COUNTY, FLORIDA, O. JENNINGS MURRHEE, SHERIFF OF CLAY COUNTY, FLORIDA, M. J. DAFFIN, SHERIFF OF BAY COUNTY, FLORIDA, W. P. JOYCE, SHERIFF OF LEON COUNTY, FLORIDA, W. T. TURNER, SHERIFF OF LEVY COUNTY, FLORIDA, AND E. W. PELLICER, SHERIFF OF PUTNAM COUNTY, FLORIDA, RESPONDENTS
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Three petitioners challenged bail amounts of $30,000 set in criminal cases for breaking and entering, grand larceny, and motor vehicle theft. The Florida appellate court held the bail was excessive under the state constitution and reduced it to $5,000 per charge, finding the original amount violated the petitioners' constitutional rights to reasonable bail.
The court held that the $30,000 bail was excessive and constituted a deprivation of the petitioners' constitutional rights. The court reduced the bail to $5,000 for the breaking and entering/grand larceny charges and $5,000 for the motor vehicle larceny charge.
“The purpose of bail is not to punish the accused, but to the contrary, is to secure the attendance of the accused to answer the charge against him.”
Establishes the fundamental purpose and principle governing bail determinations
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Join FLexlaw to unlock all legal intelligencePetitioners Crabb, Branson, and Mankin were charged with breaking and entering with intent to commit a felony, grand larceny, and larceny of a motor v…
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Petitioners filed in this Court for a Writ of Habeas Corpus July 15, 1966. Oral argument was heard on the petition at the headquarters of the Court July 19, 1966. Rule to Show Cause was issued on the same day directing Dale Carson, Sheriff of Duval County to file his return to this Rule July 26, 1966. Said return has been filed and oral argument has been presented to the Court by respondent. Petitioners’ primary grievance is that bail set by the Criminal Court of Record of Duval County, Division C, in the sum of $30,000.00 for petitioners Crabb and Branson, who have been charged by information of the offense of breaking and entering with intent to commit a felony and grand larceny, is so unreasonable that same constitutes a deprivation of petition*377ers constitutional rights, contrary to the provisions of the Declaration of Rights, Section 8, of the Constitution of the State of Florida, F.S.A., and Florida Statutes, Section 903.01, F.S.A.
There is no evidentiary conflict in this cause as to petitioners’ ability to make bond, all parties being in agreement that each petitioner is poor and does not have •available any financial resources. However, petitioners allege that they have friends and relatives who will assist them in posting reasonable bail. Further, it appears that petitioners have been previously charged with serious offenses, and in no instance have they failed to respond to the process of the Court.
The purpose of bail is not to punish the accused, but to the contrary, is to secure the attendance of the accused to answer the charge against him. After fully reviewing the record in this cause, it is the conclusion of-the Court that bail, as set by the aforesaid Criminal Court of Record, is in such excessive amount that same constitutes a deprivation of the liberties of the petitioners, contrary to the provisions of the Florida Constitution above mentioned.
It is ordered that the amount of bond set by Division C, Criminal Court of Record, Duval County, Florida, for petitioners on the pending indictment, number 66-2621, Division C, of breaking and entering with the intent to commit a felony and grand larceny and in indictment 66-2690, Division C, larceny of motor vehicle, is excessive. The Criminal Court of Record is hereby commanded and directed to reduce the amount of bond for petitioners on said information to $5,000.00 on the information for breaking and entering with the intent to commit a felony and grand larceny.
It is further ordered that the amount of bond for petitioners on the information for larceny of motor vehicle be reduced to $5,000.00.
It is so ordered.
RAWLS, C. J., and JOHNSON and SACK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 246 So. 2d 158 (Fla. 1st DCA 1971)…. In his contention that the bail set in the case at bar is excessive and therefore violative of Article I, Section 14, Florida Constitution of 1968, F.S.A., petitioner relies heavily on the decisions of this court in State ex rel. Crabb v. Carson, 189 So. 2d 376 (1966), and Logue v. Hinote, 228 So. 2d 414 (1969). In Crabb, we recognized that the purpose of bail is not to punish the accused but to secure his attendance to answer the charge against him. There the trial court set bail at $30,000, and this cour…
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Sikes v. McMILLIAN, 564 So. 2d 1206 (Fla. 1st DCA 1990)…court will grant relief. See, e.g., Kelsey; Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980); State ex rel. Bardina v. Sandstrom, 321 So. 2d 630 (Fla. 3d DCA 1975); State ex rel. Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966). Section 903.046(2)(h) provides that in determining whether to grant pre-trial release and, if so, the conditions of that release, the trial court shall consider: The street value of any drug or controlled substance connected t…
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Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989)….W. 764 (Fla. 4th DCA Mar. 23, 1989). Evidence of petitioner’s indigency, family ties, long-term residence in the community, and lack of a criminal record were sufficient to show that bail in the amount of $20,000 was excessive. Cf. Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966).1 We therefore grant the petition and remand this case for the circuit court to reduce petitioner’s bail not to exceed $5,000. Petition GRANTED. DAUKSCH and GOSHORN, JJ., concur. . Excessive bail, depending on the financial re…
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