Pre-trial Release for Crimes in Pasco County, FL
If you have been charged with a domestic violence crime, you might be provided with a notice from the Pasco Sheriff’s Office Court Services Bureau regarding the conditions of pre-trial release. Charges for domestic violence can include charges for battery, assault, or child abuse. Of these charges, the most common offense is listed on the complaint affidavit as “domestic battery” under Statute Violation Number 784.03.1A1, a first-degree misdemeanor.
Do NOT violate the pre-trial release conditions. Any violation might result in a “no bond” warrant being issued for your arrest. If the conditions are unfair, an attorney can help you ask the court to lift or modify the conditions.
For example, in many of these cases, the alleged victim wants to have contact with the person accused of the act of domestic violence because they need to discuss family matters, bills, or the children. If the “no contact” provision is unfair, the court can modify that condition to allow contact in person or over the phone, depending on the circumstances.
The attorneys at Sammis Law Firm can help you fight the case and get the pre-trial release conditions lifted or modified. Our experienced criminal defense attorney can help you protect your rights at every stage of the case. For a free consultation, call 727-807-6392.
The Notice of Conditions of Pre-Trial Release from the PCSO
After an arrest in Pasco County, the sheriff’s office is given the authority to monitor compliance with the pre-trial release conditions. When you are released from jail, a PSO witness will provide you will a “NOTICE” written on Form PSO #40500. This form was designed to comply with Florida Statute Section 903.047.
The notice explains that if you are released on pretrial release you MUST:
- refrain from criminal activity of any kind (a new arrest might result in your bond being revoked and the court holding you on a “no bond” warrant until the underlying case is resolved);
- comply with all conditions of pretrial release; and
- refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure.
- An order of no contact is effective immediately and enforceable for the duration of the pretrial release or until it is modified by the court.
- The defendant shall receive a copy of the order of no contact which specifies the applicable prohibited acts before the defendant is released from custody on pretrial release.
- As used in this section, unless otherwise specified by the court, the term “no contact” includes the following prohibited acts:
- communications 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 the 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 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.
You might also be served with an “order of no contact with victim” that is signed by the judge. This order is then referenced in the notice of pre-trial release conditions served by the Pasco County Sheriff’s Office after your release from jail.
Cooperating with the Child Protective Investigation
If a child was a witness to the act of domestic violence, you might also receive a visit from the Pasco Sheriff’s Office Child Protective Investigation Division. The Child Protective Investigator (often called the CPI) might ask you to sign a parent information form, talk to your child, or take a picture of your child.
You will also be provided with a “Know Your Rights and Responsibilities” brochure, which includes the Child Protective Investigator and Supervisor’s name and phone number.
Attorneys on Pre-Trial Release Conditions in Pasco County, FL
The attorneys at Sammis Law Firm are experienced in protecting our client’s rights after the arrest. We can help you address any unfair conditions of pre-trial release so that you can avoid a violation or warrant being issued for your arrest.
We can also assist you with any investigation by a child protection investigator so that your family can get everything back on track.
Read more about domestic battery charges in Pasco County, FL, prosecuted at the courthouse in Dade City or New Port Richey, FL.
For a free consultation, call 727-807-6392.
This article was last updated on Thursday, December 12, 2019.
