After a person is arrested for a crime of domestic violence in Florida, the court will often set very strict conditions on his or her release. When a person violates any one of the conditions of his or her pretrial release, it can result in additional criminal charges.
Many people unknowingly violate a condition of their release. If a person is arrested for a new criminal offense, a prosecutor may file a motion to revoke the pretrial release and have the individual incarcerated.
Attorney in West Palm Beach, FL Discusses Conditions of Pretrial Release
Were you recently arrested in South Florida for allegedly violating a condition of your pretrial release from a domestic violence charge? Do not say anything to authorities until you have legal representation. Contact Meltzer & Bell, P.A. as soon as possible.
West Palm Beach criminal defense lawyers Lawrence Meltzer and Steven Bell aggressively defend clients accused of domestic violence offense in communities throughout Broward County, Palm Beach County, and Miami-Dade County, such as Lake Worth, Royal Palm Beach, Riviera Beach, Palm Beach Gardens, Greenacres, and several others. Call (561) 557-8686 today to have our attorneys provide an honest and thorough evaluation of your case during a free, confidential consultation.
Overview of Conditions of Pretrial Release in Palm Beach County
- Violations of Conditions of Pretrial Release Charges in Florida
- Violations of Conditions of Pretrial Release Penalties in Florida
- Palm Beach County Violations of Conditions of Pretrial Release Resources
Florida Statute § 741.28(2) establishes that domestic violence is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Family or household member is defined under Florida Statute § 741.28(3) as “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.”
Whether a person is released by surety bail bond or recognizance bond or in some other form, Florida Statute § 903.047 states that a person must do all of the following as a condition of pretrial release:
- Refrain from criminal activity of any kind; and
- If the court issues a no contact order, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure.
A no-contact order becomes effective immediately and is enforceable for the duration of the pretrial release or until it is modified by the court. The phrase “no contact” includes the following prohibited acts:
- Communicating orally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person, with the victim or any other person named in the order. If the victim and the defendant have children in common, at the request of the defendant, the court may designate an appropriate third person to contact the victim for the sole purpose of facilitating the defendant’s contact with the children. However, this subparagraph does not prohibit an attorney for the defendant, consistent with rules regulating The Florida Bar, from communicating with any person protected by the no contact order for lawful purposes.
- Having physical or violent contact with the victim or other named person or his or her property.
- Being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence.
- Being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.
Florida Statute § 741.29(6) establishes that a person commits a first-degree misdemeanor if he or she willfully violates a condition of pretrial release provided in Florida Statute § 903.047, when the original arrest was for an act of domestic violence. The Florida Standard Jury Instructions for Criminal Cases state that to prove the crime of violation of a condition of pretrial release from a domestic violence charge, the State must prove the following four elements beyond a reasonable doubt:
- The alleged offender was arrested for an act of domestic violence;
- Before his or her trial, the alleged offender’s release on the domestic violence charge was set with an identified condition of Florida Statute § 903.047;
- The alleged offender knew that a condition of his or her pretrial release was the identified condition of Florida Statute § 903.047; and
- The alleged offender willfully violated that condition of pretrial release by committing the alleged violation.
A first-degree misdemeanor in Florida is punishable by up to one year in jail and a fine of up to $1,000.
Standard Jury Instructions Criminal Cases | Florida Supreme Court | Chapter 8: Assault, Battery, Stalking, Culpable Negligence, And Violation of Injunctions — Visit this section of the Florida Supreme Court website to access the jury instructions for criminal cases. The instructions relating to violation of a condition of pretrial release from a domestic violence charge can be found under Chapter 8.25. The instructions contain definitions and lesser included offenses.
Domestic Violence Reference Card | Florida Coalition Against Domestic Violence — The FCADV serves as the professional association for Florida’s 42 certified domestic violence centers and is the primary representative of survivors and their children in the public policy arena. View a domestic violence reference card that contains information about definitions and applicable statutes. You can also learn more about risk assessment, violation of a condition of pretrial release (no contact order), and violations of domestic violence injunctions for protection.
Find a Violations of Conditions of Pretrial Release Defense Lawyer in West Palm Beach, FL
If you were arrested for allegedly violating a condition of your pretrial release from a domestic violence charge in Palm Beach County, it is in your best interest to not make any statement to authorities until you have legal counsel. Meltzer & Bell, P.A. represents individuals in Boca Raton, Wellington, Delray Beach, Boynton Beach, Jupiter, and many other surrounding areas of Broward County, Palm Beach County, and Miami-Dade County.
Our criminal defense attorneys in West Palm Beach can fight to help you achieve the most favorable outcome to your case that results in the fewest consequences. You can have our lawyers review your case and discuss all of your legal options when you call (561) 557-8686 or complete an online contact form to receive a free initial consultation.