Rawls v. State
| Decision Date | 12 April 1989 |
| Docket Number | No. 89-570,89-570 |
| Parties | 14 Fla. L. Weekly 935 Jake RAWLS, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Frances S. King of Office of Howard H. Babb, Jr., Public Defender, Fifth Circuit, Ocala, for petitioner.
Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for respondent.
Petitioner, Jake Rawls, seeks a writ of habeas corpus following the denial of his motion for bail bond reduction. Petitioner is presently incarcerated in the Marion County Jail under a bond of $20,000 for the charges of possessing cocaine and cannabis. Respondent, the State of Florida, does not dispute that petitioner has been adjudicated indigent and has substantial ties to the community. At the bond reduction hearing, there was uncontroverted evidence that petitioner had no prior arrests, and lived with his parents until his arrest and confinement. Petitioner testified that he could not post bond in the amount set by the court. There was no showing that petitioner would likely flee the court's jurisdiction. The trial court, though, refused to reduce bail below $20,000, which amount conforms to the bond schedule in Marion County for offenses involving possession of crack cocaine. The trial court stated, "[M]y bond stays the same as it is on all cases with crack, $20,000.00."
Although bond schedules serve a valid purpose, they may not provide a justification for excessive bail. Reductions in bond must be made on a case-by-case basis with full consideration of the legally relevant factors. See Payret v. Adams, 471 So.2d 218 (Fla. 4th DCA 1985). Such factors include an accused's financial resources, family ties, employment history, length and stability of his residence in the community, past criminal convictions, and record of appearing or failing to appear at prior court proceedings. See § 903.046, Fla.Stat. (1987); Rule 3.131(b)(3), Fla.R.Crim.P.; Fretwell v. Dobeck, 473 So.2d 302 (Fla. 4th DCA 1985); Good v. Wille, 382 So.2d 408 (Fla. 4th DCA 1980); Stansel v. State, 297 So.2d 63 (Fla. 2d DCA 1974).
An accused who seeks a reduction in bail must adduce evidence sufficient to overcome the presumption of correctness of the trial court's order. See State ex rel. Smith v. Untreiner, 246 So.2d 158 (Fla. 1st DCA 1971), review denied, 250 So.2d 643 (Fla.1971). Strict adherence to the bond schedule in the instant case constituted an abuse of discretion, as petitioner presented evidence showing entitlement to a reduction in bail. Cf. Puffinberger v. Holt, 14 F.L.W. 764, (Fla. 4th DCA Mar. 23, 1989). Evidence of petitioner's indigency, family ties, long-term residence in the community, and lack of a criminal record were...
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...the amount of bail is unreasonable under the circumstances, an appellate court will grant relief. See, e.g., Kelsey; Rawls v. State, 540 So.2d 946 (Fla. 5th DCA 1989); Good v. Wille, 382 So.2d 408 (Fla. 4th DCA 1980); State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (Fla. 3d DCA 1975); Sta......
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Rodriguez v. McRay, 3D04-797.
...for the fact that petitioner has one prior conviction in Broward County, this case is similar on its facts to those in Rawls v. State, 540 So.2d 946 (Fla. 5th DCA 1989) ($20,000 bond for indigent charged with possession of cocaine and marijuana but who had substantial community ties found e......
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Nassetta v. Kaplan
...time that the bond was excessive. We are of course aware that standard bond can sometimes prove to be excessive, see Rawls v. State, 540 So.2d 946 (Fla. 5th DCA 1989), but we do not believe it was here. There are clearly some factors present which favor a reduced bond. The defendant has liv......
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Kelsey v. McMillan, 90-843
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