Violation of Pretrial Release in a Domestic Violence Case
If you violate your pre-trial release in a domestic violence case, then a new criminal charge being filed against you.
Additionally, for the domestic violence case that was pending against you when you got arrested for violating pretrial release, the court can revoke your bond on that case. If the court revokes your bond, then you will likely be held with “no bond” until that case is resolved or your attorney files an emergency bond motion to ask for your release.
For all of these reasons, if you were charged with a violation of your pretrial release under Florida Statute Section 741.29(6), then contact an experienced criminal defense attorney at Sammis Law Firm.
Attorney for Pretrial Release Violations in Florida
If you were arrested for violating the terms of your pretrial release in a domestic violence case by having prohibited contact with the alleged victim while the case was pending, then contact an experienced attorney.
Having contact with the alleged victim is one of the most serious ways to violate the pre-trial release, even if the alleged victim wanted the contact.
The criminal defense attorneys at Sammis Law Firm represent men and women accused of violating pretrial release throughout the Tampa Bay area including in Tampa and Plant City in Hillsborough County, in Brooksville in Hernando County, in New Port Richey and Dade City in Pasco County, and in Bartow and Winter Haven in Polk County, FL.
Our attorneys are experienced in fighting a wide range of domestic violence cases throughout the greater Tampa Bay area. We can fight for your release from custody while the case is pending.
Additionally, we can aggressively fight the underlying charges with the goal of getting the prosecutor to drop the charges, getting the judge to dismiss the case before trial, or asking the jury to return a “not guilty” verdict at trial.
Call 813-250-0500 today.
Violation of Section 741.29(6) of the Florida Statutes
The criminal offense of violating a condition of your pre-trial release in a domestic violence case can be charged under Florida Statute Section 741.29(6). That statute provides, in part, as follows:
(6) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.
One of the conditions of pretrial release set out in Section 903.047 is the defendant shall “[r]efrain from any contact of any type with the victim. Contacting the alleged victim in the case is the most common reason for violating the terms of pre-trial release in a domestic violence case.
If you are arrested for any charge of Violation of Pretrial Release when the original arrest was for domestic violence (§741.29(6), Fla. Stat.), then you will not be released on a bail bond until after your first appearance hearing.
The judge presiding at the first appearance hearing will determine the appropriate amount of bail bond, if any.
The charge of “VIOLATION OF PRETRIAL RELEASE” under Section 741.29(6) is charged as a misdemeanor in the first degree which is punishable by up to 12 months in jail and a $1,000 fine. That punishment can be run concurrently with the punishment in the underlying domestic violence case.
Jury Instructions for Violations of Pre-Trial Release
The Standard Jury Instruction for a violation of Section 741.29(6), found in Florida Standard Jury Instruction Criminal Cases 8.25, provides as follows:
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 defendant was arrested for an act of domestic violence;
- Before his trial, the defendant’s release on the domestic violence charge was set with a condition of (insert condition of pretrial release in Fla. Stat. 903.047);
- Defendant knew that a condition of his pretrial release was (insert condition); and
- Defendant willfully violated that condition of pretrial release by (insert the manner in which the defendant is alleged to have violated pretrial release).
The attorneys at Sammis Law Firm represent clients charged with a first degree misdemeanor for any violation of pretrial release when the original arrest was for an act of domestic violence in violation of Florida Statute Section 741.29(6).
Read more about violations of pretrial release in Pinellas County, FL.
For more information, call 813-250-0500.
This article was last updated on Thursday, January 28, 2021.