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Pretrial Detention Failure to Hold Detention Hearing

Posted by John Rutkowski | Jul 02, 2017 | 0 Comments

Defendant petitioned the appellant Court for issuance of a writ of habeas corpus, challenging the lower court's denial of pre-trial bond. Because the defendant was not given a proper pre-trial detention hearing the Court granted the petition and direct the trial court to hold a proper hearing pursuant to Florida Rule of Criminal Procedure 3.132(c).

Defendant was initially held for four days before being brought before the court for an initial appearance which is well beyond the time required under Rule 3.132(a). A defendant must be brought before a judicial officer within 24 hours of arrest. When the initial appearance was held, the State moved for pretrial detention and the court granted the State's motion. No further hearing has been held.

Under Rule 3.132, a motion for pre-trial detention may be filed at first appearance. If that motion is facially sufficient, and there is probable cause supporting the charges, the court can detain the defendant until a final hearing on pretrial detention is held. A hearing must be held within 5 days, and the State bears the burden of proving the need for pretrial detention. The State properly concedes that no final hearing was scheduled or held on pretrial detention.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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