Can the judge revoke my bail, bond, pretrial release?

The purpose of pretrial release is to ensure two things: 1) that the defendant shows up to court on later court dates; and that the defendant doesn’t violate any laws or become a danger to himself or the community. Florida Statute 903.047 details the conditions of pretrial release, which includes, being released on bond. While on bond (pretrial release), a person must:

1. not commit a new crime
2. have no contact with the victim if ordered by the court
3. comply with all conditions of pretrial release

Florida Rule of Criminal Procedure 3.131 gives a judge the authority to impose “any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.” Depending on the facts of the arrest, the judge can order someone to: refrain from using drugs and alcohol; attend drug and alcohol treatment; undergo random urine or breath tests to determine if someone is using drugs or alcohol; abide by a curfew; undergo a psychological evaluation; and, in domestic violence cases, attend at a batterer intervention program.

Florida Statute 903.0471 allows the judge to revoke your bond if there is probable cause to believe you committed a new crime while on pretrial release. To get the bond reinstated, you will have to ask the judge. If the judge reinstates your bond, you are probably facing increased monitoring and a possible increase in the bond amount. If the judge does not reinstate your bond, you will sit in jail until the first case is resolved.

If you, or someone you know, has been arrested for a new offense while out on pretrial release, contact Fort Lauderdale Criminal Defense Attorney Gary Cole. 

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