3D2024-0155
The Third DCA granted a habeas petition after the trial court, without any sworn testimony or probable cause affidavit, held a defendant without bond and imposed elevated monetary bonds on new charges filed by information. The court reaffirmed that the mere filing of an information cannot itself establish probable cause sufficient to justify pretrial detention, and remanded for the State to file a legally sufficient motion for pretrial detention within two days or for a new bond hearing.
Key facts
- Defendant was held without bond and subjected to elevated monetary bonds on new charges filed by information, without any sworn testimony or probable cause affidavit presented at the bond hearing.
- The trial court modified the defendant's bond conditions based solely on the prosecutor's filing of an information charging more serious offenses.
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Why it matters
This opinion reinforces and clarifies the interplay between Gerstein/Blount probable-cause requirements and the recognized rule that substantially increased charges can justify bond modification under Rule 3.131… — full analysis with a trial
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