Legal Question in Criminal Law in Florida

Important

When a person is charged with a first degree felony and then on the clerks website they drop it to a second degree. What does that mean? An can they still hold them on bond for the 1st degree felony?


Asked on 7/22/08, 10:53 pm

2 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

Re: Important

Your bond amount is initially set based on the charge and/or charges you were ARRESTED for. Once your bond is set, if the State Attorney's Office chooses to charge you with a less severe crime (for instance, a second degree felony instead of a first degree felony), then you would eligible for a "bond reduction" at the judge's discretion.

With that being said, any reduction in bond is always discretionary. It is not something you are entitled to. Usually, an experienced criminal defense attorney will set the case for a "bond reduction hearing" to let the judge know that the State filed a less severe charge and to attempt to get the bond knocked down. Has that been done yet? Hopefully the person you are asking about has an experienced attorney because most second degree felony charges still have large sentences (i.e., prison time - up to 15 years). Please check my website at: www.slavinlawfirm.com for more information on the specific charge you are researching. It has a good deal of information on there. Good luck.

Aaron J. Slavin, Esq.

Slavin Law Firm

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Answered on 7/23/08, 4:12 am
Fleet Tilden TildenLaw

Re: Important

Bond amounts are set by a county bond schedule based on the arrested charge. If the charge is reduced by the State Attorney, your attorney should petition for a reduction of bond. Good Luck.

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Answered on 7/24/08, 8:31 am


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