House Arrest, Home confinement, while case resolution is pending.( Grand Theft Charge)

Asked about 1 year ago - Fort Lauderdale, FL

As part of my bail, passport was surrended along with being place on house arrest. I manage to get a good job. They filed charges 2 months after my release with a lesser charge. Its been 5 months since being place on house arrest. Am I able to ask the judge to discontinue the house arrest. I am not a flight risk nor danger to the community

Attorney answers (4)

  1. Michael Adam Haber

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    Answered . If I understand your question then your case is open and your are on house arrest as a condition of bail / bond and not as a sentence. If this is the case then Rule 3.131(d), Fl.R.Crim.P., absolutely and unequivocally provides that you can apply for a modification of bail at any time with a minimum of 3 hours notice to opposing counsel.

    If there is a substantial difference in charges then there is a reasonable possibility that your attorney will be able to discuss the same with the State and reach a proposed agreed resolution (but then again, your post is from Ft. Ld. and Broward County is the twilight zone of Florida's criminal justice system....). If not, then s/he can file a written motion, calendar it and argue to the Judge the equities as why the present conditions of bail should be modified.

    As you did not mention whether or not you have an attorney, if you do not then, although I practice primarily in Miami-Dade County you are welcome to contact my office for a consultation, a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

    Either way best of luck!

  2. Robert Jason De Groot

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    Answered . We need to know what the charges are. If you have an attorney, you should consult with the attorney. The attorney will make a motion to modify the terms and conditions of your pre-trial release.

    R. Jason de Groot, Esq., 386-337-8239
  3. Colleen M. Glenn

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    Contributor Level 17

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    Answered . Yes you can ask the Judge to release you from house arrest based on the reduction in charges. Contact an attorney who can file a motion to modify supervised release. Good luck!
    www.colleenglenn.com

  4. Robert David Malove

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    Contributor Level 11

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    Answered . Every case is fact specific. Still, you can always ask the judge to reconsider your conditions of pre-trial release as long as there has been a change in circumstances.

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