Motion to Revoke Bond in Florida


SHORSTEIN, LASNETSKI, & GIHON
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Motions to Revoke Bond in Florida

Part of our work here at Shorstein, Lasnetski, & Gihon is to represent people on motions to revoke bond in their Jacksonville criminal cases.  In each criminal case, a judge will determine whether to order pretrial release and what conditions to set.  If a judge orders pretrial release, the judge can set a monetary bond and/or conditions that the person must follow in order to stay on pretrial release.  If the person violates any of those conditions, fails to appear for their court date, or is arrested on a new charge, the judge can revoke the bond and put the person back in jail, often without the ability to bond out.  

What is a Motion To Revoke Bond?

A motion to revoke bond is a tool used by a judge or prosecutor to revoke the bond of a defendant in a criminal case.  Florida Statute Section 903.0471 gives the judge the power, on its own motion, to revoke pretrial release and to order pretrial detention if the judge determines that there is probable cause to believe that the defendant committed a new crime while on pretrial release.   Florida Statute Section 907.041(4)(e) requires a prosecutor to file a written motion to revoke bond if the motion is not based on a new arrest.  If the Florida prosecutor files a motion for pretrial detention, the judge must set a hearing on the motion within five (5) days of the filing of the motion.  


Can I get out on bond if the State files a Motion to Revoke Bond?

Possibly.  It depends on the judge, the prosecutor, and the facts.  A person is entitled to a hearing on the motion to revoke bond.  The judge can grant the motion and detain the person, or can modify the conditions of the pretrial release, or can deny the motion and maintain the current conditions of pretrial release.  The defense attorney can also negotiate with the prosecutor and try to come to some agreement.  For example, both sides may agree to add additional conditions to the pretrial release order.  The defense lawyer can also present evidence to the judge and make factual and legal arguments against granting the motion.  For example, the evidence may not support the conclusion that the person violated a condition of the pretrial release order, or there may be other mitigating information that convinces the judge that detention is not appropriate.  Each case is fact specific.  

How long will I be in jail if my bond is revoked?

If the judge revokes bond and issues a pretrial detention order, the person will be detained in jail until the conclusion of the case and/or sentence.  The person will accrue credit for the amount of time served while in jail pending the outcome of the case.  So, if you serve four months in jail before pleading guilty and you receive a ten month sentence, you would get credit for the four months you already served and would have 6 months to go.  It becomes even more critical for your criminal defense attorney to attempt to resolve the case if you are in custody.  

What happens at a Motion to Revoke Bond Hearing?

If the State files a motion to revoke bond, 

What is probable cause to establish a new offense was committed?

Probable Cause is typically established by the prosecutor entering a sworn police report into evidence.  




Motion to Revoke Bond Case Law

Parker v. State of Florida, 843 So.2d 871 (Fla. 2003) - In Parker, the Florida Supreme Court upheld the constitutionality of Florida Statute Section 903.0471, which authorizes a judge to revoke bond based on a new arrest without requiring a written motion to be filed or an adversarial hearing to be conducted.  The judge can rely on probable cause for the new arrest to order pretrial detention on the pending criminal case. 

Griglen v. Ryan, 138 So.3d 1172 (Fla. 3rd DCA 2014) - In Griglen, the defendant was arrested on three charges.  The judge found no probable cause and released Griglen on his own recognizance with the condition that he appear at a future court date.  Griglen was then arrested on a new law violation.  The judge in the original case found that Griglen violated his condition of pretrial release and set new monetary bonds on the three charges.  The Third DCA held that when a defendant is released from custody, no charges are filed and the Court finds no probable cause, the defendant is not on "pretrial release" and is not subject to conditions of pretrial release.  Therefore, if a determination of no probable cause is made, there should be no basis for a motion to revoke bond. 

Barton v. State, 310 So.3d 1120 (Fla. 3rd DCA 2021) - In Barton, the State charged Mr. Barton in Citrus county with resisting arrest.  While on bond, Mr. Barton was arrested in Marion County for Possession of controlled substances.  The judge in Marion County denied bail because Barton committed the offense while on pretrial release.  The 3rd DCA reversed the trial court finding that the Marion County judge did not have the authority to deny bail.  The Court stated that the Citrus County judge could have revoked the bond in that case, but the Marion County judge must hold a hearing to consider reasonable conditions for release. 
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