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When is pretrial detention appropriate?

Miami, FL |

Instead of a corporate surety bond.

Attorney Answers 3

Posted

Without more facts, I cannot give you an answer specifically related to a particular person.

In general, though, pre-trail, detention is approrpiate when if can be shown that the accused may try to avoid prosecution by fleeing or hiding or that the accused is a danger to the alleged victim or to society in general. It may also be appropriate when the accused allegedly commits new crimes while out on bail or probation.

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Posted

It is not possible to answer when pretrial detention is appropriate, because what is "appropriate" differs from person to person.

With that said, take a look at Florida Statute 907.041 (http://www.flsenate.gov/Laws/Statutes/2011/907.041), which details when the State may seek pretrial detention. Ultimately, the decision to detain (instead of release on a bond or on their own recognizance) someone pretrial is going to rest with the judge.

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Posted

Most commonly, you will see it if the accused was already out on bond and that bond was revoked because the accused either committed a new offense or violated another condition of release. You will also see if often if the charge is a felony punishable by life, or some other circumstance where the accused isn't entitled to bond such as a violation of probation. In most cases, however, a person is entitled to reasonable bond.

Responses should not be relied upon for legal decision making. One should contact a lawyer and establish an attorney-client privilege to rely on legal advice. Any communication here is NOT considered attorney-client privilege and is not confidential.

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