Jacksonville Criminal Defense Lawyer Blog

As a Jacksonville Criminal Defense Lawyer many Jacksonville Criminal Defendants are out on bail. Bail comes in many forms and is determined by the judge during the initial appearances of the defendant. Furthermore, a bail can be set in a monetary amount, ROR, or surety. But, what happens if bail is paid and subsequently the Jacksonville Criminal Defendant does not appear at the required court hearing?

Florida Statutes Chapter 903 specifically deals with all matters relating to Bail. The Statute of particular importance in this blog is § 903.26 "Forfeiture of the bond..." According to the Statute, a bond can be forfeited for a breach of the conditions set forth in the bond and/or failure of the Defendant to appear at a required Court hearing. Failure of a Defendant to appear at a required Court hearing can have serious adverse consequences in your pending Jacksonville Criminal case. Additionally, up failure to appear the Court will issue a capias or a bench warrant for your arrest. A warrant will only compound the Criminal issues that are presently before you.

What about the person who paid the bond for your release? They will not have criminal or civil charges brought against them, unless they aided or assisted in your bail jumping. However, they will have lost the amount of money given to the Courts guaranteeing your return. This can be a substantial loss for some. It could mean the loss of your home, car, or a large sum of money. My advise for those who decide to post bail for another, make sure the Jacksonville Criminal Defendant is going to return to court before deciding to post their bail. It will not benefit either party if the Defendant does not return to Court.

If you have pending criminal charges against you and your out on bail, it is in your best interest to consult a Jacksonville Criminal Defense Lawyer. They will be able to evaluate your case and determine the best avenue in which to proceed.

As a Jacksonville Criminal Defense Attorney, I have had clients that entered guilty pleas or pleas of no contest when they were not represented by an attorney. Usually, this happens in first appearance court at their Jacksonville bond hearings in the Duval County jail. The Jacksonville criminal defendant does not understand his or her rights and enters the plea without understanding the consequences. If this occurs, the Jacksonville criminal defendant may withdraw his or her plea, but this must be done within thirty (30) days of the sentence being entered pursuant to Florida Rule of Criminal Procedure 3.170(l).

The Florida Constitution (Article I, Section 14) gives a Jacksonville criminal defendant the right to be released from custody pending the outcome of his or her criminal case. Furthermore, Rule 3.131 of the Florida Rules of Criminal Procedure requires the court to conduct a hearing to determine pretrial release. This Jacksonville Bond Hearing is referred to as a criminal defendant's first appearance. It must be conducted within 24 hours of arrest. At the bond hearing, the presiding judge must consider a variety of factors, including, but not limited to, the factors that are set forth in Rule 3.131(b)(3). Rule 3.131(b)(3) states:

"In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant's family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant's release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant."

It is important for a Jacksonville Criminal Defendant to have a Jacksonville Criminal Lawyer that will present evidence to the court in order to establish that the defendant is entitled to a reasonable bond or that the defendant should be released on his or her own recognizance.

As a Jacksonville Criminal Defense Lawyer, I have attended many Jacksonville bond hearings. In Jacksonville, a criminal defendant is given a first appearance where both the State Attorney and the defendant (or his lawyer) can present arguments and evidence. However, this is not always done. Due to the large calendar that Duval County judges are confronted with, first appearance court is often rushed. This results in an injustice to the defendant, a breakdown of the criminal justice system, and a violation of the Constitution.

Yesterday, an opinion was released by the Florida Second District Court of Appeals addressing this issue. In 

Greenwood and Rice v. State, 36 Fla. L. Weekly D256c (Fla. 5th DCA 2011), the court did not conduct a proper bond hearing. The court did not permit the criminal defendants to testify. Instead, it "directed them to file motions for bond reduction, at which time they would be given a much greater opportunity to present evidence so that the matter could be more carefully considered by the court." This was improper. The Florida appellate court ruled that "it is error for the trial court to refuse to give defendants at least a very brief opportunity to be heard at the first appearance hearing if they insist on it, even if defendants might be better served by a later hearing." The court reasoned that the judge in first appearance court "must at least give the defense a reasonable amount of time to respond to the State's presentation and, at the very least, must allow the defendant, upon request, to be sworn in and to briefly testify as to the relevant factors."

Jacksonville Criminal Defense Attorney, Cynthia Veintemillas.

On April 30, 2010, Donte Lorenzo Dawson was arrested for second degree murder in Jacksonville, Duval County, Florida. The next day, he was declared indigent and the Office of the Public Defender was appointed to represent him. Mr. Dawson was not given a bond. According to the the State of Florida's Motion to Set Bond, the Assistant State Attorney made a recommendation that the Mr. Dawson be held without bond. 

In Jacksonville Florida's first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants are not represented by a Jacksonville criminal lawyer.  Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest.  Due to this Florida law, Duval County first appearance court is held twice a day, every day.