Criminal defendants could be held without bail more easily if new senate bill passes.
Florida prosecutors are advocating for reduced pretrial detention requirements, alarming defense attorneys who fear increased jail populations.
Senate Bill SPB 7068 proposes judges to order pretrial detention solely based on hearsay for certain “dangerous crimes” like murder and carjacking, aiming to spare victims from immediate testimony. As a result, criminal defendants could be held without bail more easily.
However, critics argue this could coerce more defendants into plea deals due to prolonged incarceration. Last year’s legislation mandated pretrial detention for severe felonies. The new bills aim to expand this, with the House bill HB 7067 allowing detention for all “dangerous crimes” based on hearsay.
Criminal defense attorneys spoke against the bill in the Senate Appropriations Committee on Criminal and Civil Justice and said an expansion of pretrial detention would cause more people to take plea deals just to get out of jail.
Florida law, just updated last year, now requires a prosecutor to ask the judge to send a defendant to jail without bail if they are charged with a capital felony (death penalty case), a life felony (requiring life imprisonment if found guilty) or a first-degree felony.
In that same bill (HB 1627), the Florida Legislature made it mandatory for state attorneys who seek pretrial detention hearings to require them within five days of the first appearance, usually the day after the arrest.
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If someone is under investigation, facing charges, or has been arrested and/or jailed, there are too many rights we can protect and preserve for Defendants that are risk when someone uses an inexperienced lawyer. Criminal defendants could be held without bail more easily without an experienced criminal defense attorney.
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Is it true that criminal defendants could be held without bail more easily in Florida?
Yes, in Florida, criminal defendants could be held without bail more easily under certain circumstances. Here are some key factors contributing to this situation:
- Serious Offenses: Defendants charged with serious crimes, such as violent felonies, may face higher likelihoods of being held without bail. The law allows for pretrial detention if the charges are severe enough.
- Risk of Flight: Courts may decide criminal defendants can be held without bail more easily if there is a significant concern that they might flee to avoid prosecution. Factors considered include the defendant’s history of appearing in court and ties to the community.
- Public Safety Concerns: Judges have the authority to deny bail if they believe the defendant poses a threat to the community. This assessment can be influenced by the nature of the crime and the defendant’s criminal history.
- Judicial Discretion: Florida law gives judges considerable discretion in determining bail. They evaluate various factors, and in some cases, this can lead to more frequent decisions ensuring criminal defendants could be held without bail more easily.
- Changes in Law and Policy: Criminal defendants can be held without bail more easily due to recent legislative changes and court rulings can impact how bail is granted or denied.
Overall, while not all defendants are held without bail, those facing serious charges or deemed a risk to public safety or likely to flee may find it increasingly common to be detained without bail in Florida. Criminal defendants could be held without bail more easily without an experienced criminal defense attorney.
