Violation of Pretrial Release in a Domestic Violence Case
An allegation that you violated a condition of your pre-trial release in a domestic violence case can lead to a new criminal charge being filed against you. For the domestic violence case that was pending against you when you got arrested, 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 the court to grant bond again.
For all of these reasons, if you were charged with a violation of your pretrial release in a domestic violence case then contact an experienced criminal defense attorney at Sammis Law Firm. 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 “no 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 fo 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.
Fla. Stat. 790.29(6). 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 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.
Jury Instructions for Violations of Pre-Trial Release
The Standard Jury Instruction for a violation of Section 741.29(6) 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:
- Defendant was arrested for an act of domestic violence.
- Before his trial, 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).
- Defendant willfully violated that condition of pretrial release by (insert the manner in which the defendant is alleged to have violated pretrial release).
Florida Standard Jury Instruction Criminal Cases 8.25.
This article was last updated on Friday, August 20, 2018.