Many Tampa criminal defense attorneys are asked about the specifics of bond reduction motions. These issues generally arise when someone was arrested for a much higher charge than what they were actually charged with and the bond has remained the same. This occurs somewhat often with drug trafficking cases and often involves Nebia holds, which we discuss elsewhere in our Tampa criminal defense attorney blog. There are two primary issues with bond reduction motions that many Tampa criminal defense attorneys encounter.
First, the Florida Rules of Criminal Procedure provide the relevant factors for a court to consider during its analysis of a bond determination. Specifically, Rule 3.131(b)(3) provides the primary guidance for the determination. The Rule provides that the Court should consider the following:
- Nature and circumstances of the offense charged and the penalty provided by law;
- 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;
- Mental condition;
- 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.
As you can see, the Court has significant leeway in considering all relevant factors in calculating bond.
Secondly, Tampa criminal defense attorneys also have many non-monetary conditions they can consider and offer to the Court including ankle monitors, alcohol and drug counseling, mental health counseling, etc. These options are critical because they save money for the defendant and their family and many times they give the Court the reassurance it needs to grant bond to folks.
Lastly, a bond hearing motion can also provide important discovery into the strengths and weaknesses of the State’s case. During the bond hearing, if witnesses are called, it is critical that your Tampa criminal defense attorney adequately question the witnesses to begin developing your defense in the matter. It is also critical in cases, involving large amounts of drugs, that your Tampa criminal defense attorney be familiar with Nebia holds, since the Court will often place one on the defendant.
If you or someone you know has questions concerning bond, contact the Tampa criminal defense attorneys of Blumenuaer Hackworth for a free case consultation. We have handled bond issues on criminal cases from murder to minor traffic cases. If you would like to contact one of our Tampa criminal defense attorneys immediately, please use the “contact us now” tab in the upper right hand corner of the website. Thanks for checking out our Tampa criminal defense attorney blog and we look forward to hearing from you.