907.041 WRIT!

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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35 thoughts on “907.041 WRIT!”

        1. 6


          The Old Man’s still in charge. Going after a pill heads like Kodak for Oxy’s when delivery of Fentanyl are handled by Felony. DTU is what it says up there. Dinosaurs. HP must think it’s 2005.

          1. 9


            ridiculous there’s no way the state can prove that wasnt his prescription. Pryor needs to go. Black community should be outraged

              1. 0


                That’s probably true. I doubt he knows what that useless waste of resources is up to because he’s focused on important cases and obviously Melly. But maybe Kodak he knows because he’s high profile too. Just a thought.

        2. 11


          The DTU scandal was unfortunately merely one episode of much despicable conduct occurring under that incompetent man’s nose.

      1. 0


        She sure made a fool out of Gallagher with all his LEO patches in his office. LEO’s got played hard. Thank G no one got hurt.

      1. 2


        If you don’t know who Neva is- it means you aren’t a criminal defense attorney. It’s cool to see civil lawyers here too. She is a very well known prosecutor.

          1. 3


            You must be thinking of a different person. Neva from the SAO is incredibly respected and hand’s down the best attorney in that office. She’s an amazing trial attorney and is kind but fair

            1. 1


              She terrozies the secretaries in the SAO tells them she’s there for them and then stabs them in the back. She’s a mean nasty bitch! Ask anyone except her little buddies in SBU.

  1. 0


    Which judges are denying these and what are their reasons? This kind of info may actually make this post helpful rather than just the typical garbage posted here.

        1. 1


          The State’s only going through the motions (pun intended) on this anyway IMHO so Guv D doesn’t come calling. How many Pretrial Detention Motions did they file before the new law? Plus, Chief is unabashedly pro-bail reform. I doubt he wants more people sitting in his jail. The State files them per law, shrugs at the hearing, and lets the Judge wipe it with a bond out ruling in most cases is my guess how most of these will shake out.

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