Legal Question in Criminal Law in Florida

If a defendant is remanded with no bail, then the prosecutor drops the bulk of the charges (7 felonies down to 1) will they re-evaluate the bail determination prior to a Docket Sounding?


Asked on 8/01/12, 11:35 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

It is possible but will likely require the defendant's attorney to file a motion with the court in order for it to be heard. If many charges were dropped then that should be a factor in considering whether or not the defendant should get a bail.

Of course there is the question of why he was remanded with no bail. If the defendant failed to appear or got new charges while he was released, then the fact that some charges in this case were dropped would not necessarily be an issue. If he was charged with something where it is punishable by life and therefore not entitled to a bond, and those charges were dropped, then he would likely get a bond.

The key here is for the defendant to have his attorney file a motion with the court in order to get it heard by the judge. Neither the court nor the prosecutor would take any action regarding the defendant's bond without the defendant raising it first.

Read more
Answered on 8/01/12, 11:53 am


Related Questions & Answers

More Criminal Law questions and answers in Florida