Can A Judge Increase My Bond?
A trial court does not have the authority to increase bond on its own motion. Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(b)(1) provides that “bail is defined as any of the forms of release stated below,” which includes various restrictions on travel, and residence, as well as any other conditions necessary to insure appearance by the defendant. Florida Rule of Criminal Procedure 3.131(d)(2) provides for applications for modification of bail by either the defendant or the state on three hours notice.
For a judge to increase your bond or alter your conditions of release, the state must show:
1. The prosecutor must show “good cause” and give the accused person’s lawyer at least three hours notice that they intend to ask a judge for an increase in bond.
2. Increasing a defendant’s bond is improper unless the state shows that the increase is warranted by information not available to the committing magistrate who set the initial bond. Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999).
For more information on the bail/bond process, please contact Fort Lauderdale Criminal Defense Attorney David J. Sobel at 954-383-3000.