Third District Court of Appeal

State of Florida 

Opinion filed May 11, 2021.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-1025

Lower Tribunal No. F20-5277

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Jacarie Joseph,

Petitioner,

vs.

Daniel Junior, etc., et al.,

Respondents.

A Case of Original Jurisdiction – Habeas Corpus.

Carlos J. Martinez, Public Defender, and James Odell, Assistant Public 

Defender, for petitioner.

Ashley Moody, Attorney General, and Brian H. Zack, Assistant 

Attorney General, for respondent The State of Florida.

Before LINDSEY, MILLER and BOKOR, JJ. 

BOKOR, J.

Jacarie Joseph seeks habeas relief after being returned to custody for 

violating a condition of his pretrial release. The State did not allege he 
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committed a new offense, rather, the State alleges Joseph violated the 

conditions of his house arrest. The State made an ore tenus motion to revoke 

bond, which the trial court granted after several hearings. The State did not 

file a written motion, nor did the trial court make factual findings to support 

its decision. The State concedes error:

In Ginsberg v. Ryan, 60 So. 3d 475, 476-77 (Fla. 3d DCA 2011), 

this Court held that a trial court’s authority to hold a defendant 

without bond is circumscribed by the requirements of section 

907.041, Florida Statutes, and Florida Rules of Criminal 

Procedure 3.131 and 3.132. Pursuant to Rule 3.131(b)(1), a 

motion for pretrial detention must be filed before a defendant is 

eligible to be held without bond. Id. at 476-77; Golden v. Crow, 

862 So. 2d 903 (Fla. 2d DCA 2003). 

Section 907.041(4)(e), Florida Statutes, mandates that the State 

file a motion seeking pretrial detention. Ginsberg v. Ryan, 60 So. 

3d 475, 477 (Fla. 3d DCA 2011) (citing § 907.041(4)(e), Fla. Stat. 

(2020)). The court must then hold a pretrial detention hearing 

within five days of the State’s filing of the motion seeking pretrial 

detention. § 907.041(4)(f), Fla. Stat. (2020).

[...]

The proper remedy is a remand to the trial court so that it can 

comply with this Court’s precedent and the requirements of 

section 907.041(4)(c)(7). Under similar circumstances, this Court 

and other district courts have remanded so that the lower court 

can comply with the requirements set forth in section 907.041 

and Rules 3.131 and 3.132. See Ginsberg, 60 So. 3d at 478 (“We 

grant the petition for writ of habeas corpus and remand this 

cause to the trial court. The State shall have no more than three 

business days following the issuance of this opinion to file a 

legally sufficient motion for pretrial detention.”); Fuller v. State, 

116 So. 3d 1277, 1278 (Fla. 5th DCA 2013) (remanded for 

rehearing on motion); Buhbut v. Bieluch, 835 So. 2d 1222, 1223 
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(Fla. 4th DCA 2003) (remanding for expedited hearing to 

determine if conditions of bond were violated).

State’s May 7, 2021 Response to Order to Show Cause at 4-5, 6-7. We agree 

that Ginsberg applies equally here.1 Accordingly, we grant the petition for a 

writ of habeas corpus and remand this cause to the trial court. 

The State shall have no more than three business days following the 

issuance of this opinion to file a legally sufficient motion for pretrial detention. 

If the State files no timely motion, the trial court shall immediately conduct a 

hearing pursuant to Florida Rule of Criminal Procedure 3.131 to determine 

appropriate conditions of release. The defendant shall remain in custody 

pending the determination of pretrial release or detention. 

This opinion shall take effect immediately notwithstanding the filing or 

disposition of any motion for rehearing.

1 The Court recently addressed a remarkably similar circumstance in Orfelia 

v. Junior, No. 3D21-1052 (Fla. 3d DCA May 7, 2021) (Emas, C.J.) 

(reaffirming Ginsberg, granting mandamus relief, and ordering the State to 

file a legally sufficient motion for pretrial detention within three business days 

and requiring the trial court to conduct a hearing thereon).