Bond Condition Violations in Miami Criminal Cases

Bond Condition Violations in Miami Criminal Cases

Miami-Dade County sees thousands of domestic violence and violation of injunction cases every year[3]. For many of these cases, defendants are released on bond while awaiting trial. However, violating the conditions of pretrial release can lead to serious consequences. This article will examine common bond condition violations in Miami criminal cases, penalties defendants may face, and possible defenses.

What is Pretrial Release?

Pretrial release, also known as bail or bond, allows defendants to be released from jail while their criminal case is pending[2]. Judges have discretion in setting bond conditions, which are meant to ensure defendants appear at future court dates and do not commit additional crimes if released[1].

Common standard bond conditions include[2]:

• Refraining from criminal activity
• Avoiding contact with the victim
• Obeying a curfew
• Undergoing random drug testing
• Wearing an electronic monitoring device

Defendants may also have to pay a monetary bond. Bond can be revoked if prosecutors can show defendants violated release conditions.

Bond Condition Violations

According to Florida law, violating pretrial release conditions can be charged as a first-degree misdemeanor, punishable by up to one year in jail[4]. Some common violations include:

New Criminal Charges

One of the standard bond conditions is to refrain from further criminal activity. If defendants pick up new charges while out on bond, prosecutors can file a motion to revoke pretrial release[2].

The court may order pretrial detention without bond if there is probable cause the defendant committed a new crime on release. For example, if police arrest someone for battery who was out on bond for a previous domestic violence charge, their initial bond could get revoked.

Failing to Appear in Court

Defendants out on bond must appear at all required court dates. If someone does not show up, the judge can issue an arrest warrant and forfeit the bond[2]. The court may also order pretrial detention without bond after a failure to appear.

Violating No Contact Orders

For domestic violence, stalking, and other cases involving victims, judges often issue no contact orders as a condition of release. Intentionally contacting the victim in any way – in person, by phone, online, through a third party, etc. – violates the no contact order. Defendants may be arrested and have their bond revoked if this occurs.

Breaking Curfew or Other Conditions

Any violation of bond conditions can warrant revocation of pretrial release. This includes things like breaking curfew, missing appointments with pretrial services, or failing drug tests. The judge determines whether a violation is serious enough to warrant taking away bond privileges.

Penalties for Violating Bond Conditions

If prosecutors can show defendants violated terms of their pretrial release, possible penalties include:

• Bond revocation – The judge can order the defendant be taken into custody and held without bond until trial[4].
• New criminal charges – Violating certain conditions like no contact orders can be charged as a separate misdemeanor offense[4].
• Increased bond amount – Rather than revoking bond completely, the judge may decide to increase the monetary requirement.
• Additional conditions – The court could add more stringent release conditions, like requiring electronic monitoring or living with a third-party custodian.
• Contempt of court – Intentional bond violations may be treated as contempt of court, leading to fines or jail time.

The penalties imposed depend on factors like the seriousness of the violation, the defendant’s criminal history, and whether the violation involved a new criminal offense[2].

Defenses to Bond Violation Charges

If you are accused of violating pretrial release, possible defenses to fight the allegations include:

• No probable cause – Argue the state lacks probable cause you committed a new crime or violated your conditions[2].
• Unintentional violation – For instance, you may not have realized contact made was prohibited by a no contact order.
• Invalid condition – Challenge conditions that were imposed improperly or violate your rights[5].
• False allegations – Credibility issues with the source of the violation accusation.

An experienced Miami criminal defense lawyer can evaluate the case against you and identify the best defense strategy. In many cases, we can negotiate with prosecutors to minimize the impact on your bond status.

Working with a Defense Attorney

The consequences of bond violations can be severe, especially if you are ordered detained without bond until your trial. However, an attorney may be able to get your bond reinstated or have any new charges dropped.

A defense lawyer can proactively file motions to clarify ambiguous bond conditions so you do not inadvertently violate them[6]. We can also work with the courts ahead of time if issues come up that may prevent you from complying with certain conditions.

Having an attorney in your corner can make all the difference in how bond violations are handled. Do not wait to get help if you believe you may have violated your pretrial release.

References:

[1] https://www.thehoffmanfirm.net/criminal-defense/conditions-of-pretrial-release/

[2] https://criminaldefenseattorneytampa.com/violation-of-probation/pre-trial-release/

[3] https://www.jud11.flcourts.org/Domestic-Violence-Criminal-Court

[4] https://www.hornsby.com/crimes/personal-liberty/violation-of-pretrial-release-condition.html

[5] https://www.slgattorneysflorida.com/motion-to-revoke-bond-in-florida.html

[6] https://www.weinsteininjurylawyer.com/criminal-defense-blog/violation-of-condition-of-pretrial-release-in-florida/