358) What is PreTrial Services? ~ #HaberPA Miami Criminal Defense DUI DV Probation Violation Lawyer
Channel: Michael Haber
Date: 2020-04-20

Thanks for asking me “What is PreTrial Services?”

F.S. 907.041 (entitled "Pretrial detention and release") confirms FL’s Legislative policy that there is "a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release unless such person is charged with a dangerous crime." 

This means that unless you are charged with a "dangerous crime" (as are specifically listed in F.S. 907.041(4)) - then there’s "a presumption in favor of [your] release on nonmonetary conditions" (i.e. an ROR - or "Release On Your Own Recognizance", a Promise / Notice to Appear (PTA/ NTA) or release to the care of a "pretrial release program", and most, if not all, of FL’s 20 Judicial Districts have their own individual Pretrial Release / Pretrial Services programs. 

For instance, here in Miami-Dade County we have a local Pretrial Services (PTS) agency that releases people free of charge while their case progresses through the system in exchange for a promise to appear in court and to abide by certain conditions such as periodic check-in (either in person or over the phone) and not getting arrested. 

Per F.S. 907.041(3)(b) you can't be released without monetary bond and to the supervision of a pretrial release service agency unless the service has certified to the Court that it’s investigated or otherwise verified the following information:  The circumstances of the accused's family, employment, financial resources, character, mental condition, and length of residence in the community; The accused's record of convictions, of appearances at court proceedings, of flight to avoid prosecution, or of failure to appear at court proceedings; and Other facts that’re necessary to assist the court in its determination of the indigence of the accused, and whether or not s/he should be released under the supervision of the service.  That said...

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