Violation of Pretrial Release Condition in Florida
The crime of Violation of Pretrial Release Condition is a First Degree Misdemeanor.
Under Florida Statute 741.29(6) and Florida Statute 784.046(15), the crime of Violation of a Pretrial Release Condition is committed when a person out on bond for a crime of domestic violence or dating violence willfully violates a condition of the release conditions imposed when setting bond.
Pretrial Release, Bail, and Bond
Pretrial Release is synonymous with the terms “bail” and “bond” and includes any no contact order or condition of release imposed by a court as a result of a person's arrest. [1]
Domestic Violence Crime
A crime of domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member. [2]
Family or Household member
A family or household member is defined as a 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. [3]
Dating Violence Crime
A crime of dating violence means any act of violence that occurred between individuals who currently have, or have had within the past six moths, a continuing and significant relationship of a romantic or intimate nature that is characterized by the expectation of affection or sexual involvement between them. [4]
Dating violence does not encompass violence occurring between casual acquaintances or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Penalties for Violation of Pretrial Release Condition
The crime of Violation of Pretrial Release Condition is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and $1,000 in fines.
A judge may sentence a person convicted of Violation of Pretrial Release Condition to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Defenses to Violation of Pretrial Release Condition
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Violation of Pretrial Release Condition are:
Non-Qualifying Crime
It is a defense to the crime of Violation of Pretrial Release Condition if the underlying offense the person was out on bond or pretrial release for does not qualify as a crime of domestic violence or dating violence.
Unintentional Contact
It is a defense to the crime of Violation of Pretrial Release Condition if the alleged violation was unintentionally committed.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Violation of Pretrial Release Condition in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.