Legal Question in Criminal Law in Florida
My husband was arrested on drug trafficking charges, was released on bond and then arrested again on a battery charge. We are being told that before his drug charge bond can be reinstated the courts must first handle thee battery charges. Is this factual and why?
1 Answer from Attorneys
I think that's a bit of a misunderstanding. The new battery charge violates the terms of his original bond for trafficking and therefore his bond was revoked. If the battery charge was dropped or dismissed then the trafficking bond would likely be reinstated. But if the battery charge was handled in a way that resulted in a conviction (e.g., he takes a plea bargain or he's convicted at trial) then that can still be used to keep the trafficking bond revoked.
It's not necessary to handle the battery charge first, though getting it dropped would be the best way to do it. The judge can give another bond for the trafficking charge, but just because the judge has the discretion to do it doesn't mean that he will. The fact is that trafficking charges come with minimum mandatory prison sentences and huge fines so a defendant who violates the terms of his bond is unlikely to get a new one. It's possible and depends on a lot of variables.
I strongly advise you hire an attorney for your husband. It should be a priority considering the severity of these charges.
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