John Morrison, Assistant Public Defender, Appellate Division, Miami PDO, has filed this Petition for Writ of Habeas Corpus with the Third DCA relating to the procedural and constitutional concerns regarding section 907.041(5)(b): “A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.”
It doesn’t specifically address 907.041(5)(d), which has the Broward SAO and judiciary scrambling due to the requirement for the state attorney, or the court on its own motion with a PC arrest for a “dangerous crime” that is a capital felony, a life felony, or a felony of the first degree, to motion for pretrial detention (“shall motion for pretrial detention“).
In Broward, we’re told the PDO has been successful in having judges not order pretrial detention pursuant to 5(d) for a variety of reasons, but Defendants are certainly being held no bond past their First Appearances pursuant to the 2024 changes until being seen by their assigned division judges. Morrison’s filings are therefore believed to be the first volleys at the appellate level attacking the statute on procedural and constitutional grounds that could also potentially be applied to 5(d), meaning the litigation will be closely watched across the State.
Follow along with all the responses and other filings at the Third DCA Clerk’s website …
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