Lax v. Marceno
The Sixth DCA granted a petition for writ of habeas corpus challenging a pretrial detention order entered under section 907.041(4)(c)(5), Florida Statutes. The court held that the trial court failed to make a required finding—either orally or in writing—as to whether any conditions of release were reasonably sufficient to protect the community from the risk of physical harm posed by the defendant, and remanded for an expedited new hearing to make that specific finding.
Key facts
- Defendant was detained pretrial pursuant to a trial court order entered under Florida Statutes section 907.041(4)(c)(5).
- The trial court's pretrial detention order failed to include a finding—either orally or in writing—as to whether any conditions of release were reasonably sufficient to protect the community from risk of physical harm.
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Why it matters
This opinion gives criminal defense practitioners a clear, citable basis for challenging pretrial detention orders that omit any of the required statutory findings under section 907.041(4)(c)(5), particularly the… — full analysis with a trial
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