Yul Medina v. State (4th DCA, January 6th, 2016)

The circuit court revoked the petitioner’s bond and ordered pretrial detention based solely on the pretrial release officer’s affidavit stating only that the petitioner, while on pretrial release, had been charged in a Miami-Dade County case with driving while license suspended. The affidavit did not state any facts establishing probable cause for the new charge. See § 903.0471, Fla. Stat. (2015) ("Notwithstanding s. 907.041, a court may, on its own motion, revoke pretrial release and order pretrial detention if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.") (emphasis added); Simeus v. Rambosk, 100 So. 3d 2, 4 (Fla. 2d DCA 2011) (the probable cause determination required under section 903.0471 is similar to the probable cause determination necessary to support an arrest warrant or to the probable cause determination made at first appearance; it must be based on an affidavit of a police officer, a sworn complaint, sworn deposition testimony, or other testimony under oath properly recorded).

Because the affidavit did not state any facts establishing probable cause for the new charge, the affidavit was insufficient to revoke pretrial release and order pretrial detention.  This is important to know if you are out on a conditional release and pick up any new criminal charge.  You should hire an attorney immediately, or let your current attorney know so they can be prepared should the State move to revoke a bond.