For many people accused of a crime in Daytona Beach or Volusia County the terms ROR (release on own recognizance) can be music to their ears. This is essentially a get out of jail free card. Unfortunately in Daytona Beach and Volusia County the term ROR is almost always followed by the term pretrial release or pretrial services. The financial savings in bond money is quickly outweighed by the hassle of supervision. If the term supervision sounds like probation it is not. It will feel like probation though. You will report to pretrial service location. You can be drug tested. If you miss an appointment or fail a drug test you can be thrown back in jail. The stated goal of pretrial is "provide accurate, timely, neutral information regarding arrestees to judges so they can make informed release decisions and promote public safety by ensuring appearance in court and compliance with release conditions established by judges for certain defendants."
The reality is that pre-trial is a weapon used by prosecutors to impose their will on the defendants. This couldn’t be truer in a Daytona Beach domestic violence case. Violating a condition of pretrial release is a misdemeanor when you are accused of domestic violence. Under Florida Statute 741.29(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. What this basically means is if the domestic violence case is weak the prosecutor can attempt to drag the case out a few months and see if the accused fails a drug test or misses an appointment. If that happens they can use the new charge to attempt to get what they wanted on the weak domestic violence case.
If somebody you know is arrested in Daytona Beach or Volusia County do not let them go to first appearance without bonding them out of jail. Contact a Daytona Beach bail bondsman or post a cash bond to avoid the hassle of pre-trial release. If someone you know is accused of domestic violence or other charges classified by Florida Statute 907.041 (4) (a) as dangerous (listed below) they need to speak with Daytona Beach criminal defense attorney Kevin J. Pitts. Those charges classified as dangerous require the jail to hold the accused without bond until they go in front of the judge. The initial consultation is always free. Call Daytona Beach Violation of Pretrial Release Attorney Kevin J. Pitts today at 386-451-5112 to set up a free consultation.
- Arson;
- Aggravated assault;
- Aggravated battery;
- Illegal use of explosives;
- Child abuse or aggravated child abuse;
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
- Aircraft piracy;
- Kidnapping;
- Homicide;
- Manslaughter;
- Sexual battery;
- Robbery;
- Carjacking;
- Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
- Burglary of a dwelling;
- Stalking and aggravated stalking;
- Act of domestic violence as defined in s. 741.28;
- Home invasion robbery;
- Act of terrorism as defined in s. 775.30;
- Manufacturing any substances in violation of chapter 893; and
- Attempting or conspiring to commit any such crime.