The criminal justice system constantly strives for consistency in its treatment of those accused of criminal offenses. In that spirit, our local judges are guided by a “Uniform Bond Schedule” that sets forth a “Low Bond,” “High Bond” and “Recommended Bond” that arrestees are automatically assigned after being booked into the Pinellas County Jail. Judges also use the schedule to assign bond amounts to outstanding Pinellas county arrest warrants.
Our office closely scrutinized the 2011 Pinellas Bond Schedule signed by Chief Judge Thomas McGrady. We found buried within the sixteen pages of this circuit court order a new prohibition absent from last year’s directives to our local judges. The added provision in Pinellas Administrative Order Number 2011-049 PI-CIR now prohibits some persons from having a bond set after they are arrested for leaving the scene of a crash (accident) involving death or injury. (Often referred to as “hit and run.”)
These inmates are now to be held without any bond until the question of setting a bond or releasing the individual on ROR can be properly addressed before a Pinellas County judge… if the person so arrested has a previous conviction for any of the following offenses:
- Driving under the influence (DUI) (Florida Statute Section 316.193);
- Felony Driving on a Suspended License (Florida Statute Section 322.34)
- Leaving the scene of an accident with death or injury (Florida Statute Section 316.027);
- Leaving the scene of an accident with property damage(Florida Statute Section 316.061);
- Racing on a highway (Florida Statute Section 316.191);
Because the United States Constitution carries a presumption of innocence until a person is convicted, the ability to post a bond after arrest to secure release from incarceration is a rather routine function of our system of justice. Exceptions do exist, as in the case of capital crimes, such as murder. Several years ago, the Pinellas bond prohibition was expanded to:
- Violation of Domestic Violation Injunctions (Florida Statute Section 741.30(9)(b));
- Violation of Injunctions for Dating, Repeat or Sexual Violence (Florida Statute Section 784.046);
- Violation of Pre-Trial Release where the original arrest was for an act of Domestic Violence (Florida Statute Section 741.29(6));
- Stalking (Florida Statute Section 784.048(2), and
- Criminal Gang offenses under Chapter 874
One commonly cited justification for prohibiting a bond after arrest for the aforementioned offenses is to promote safety for the alleged victim. It is also to enable time to pass so that tempers might cool. Permitting an immediate release could otherwise lead to poor decision making on the part of the accused or retaliation against another party. For that reason, the Florida Legislature passed laws prohibiting the automatic setting of a bond under those aforementioned circumstances.
The recent Pinellas bond prohibition for Leaving the Scene of an Accident came about as a result of new legislation under Florida Statute Section 316.027(1)(b). This was added by Session Law 211-80, House Bill 347 and is referred to as the “Ashley Nicole Valdes Act.” Politicians were motivated to pass the law after the hit and run death of an eleven year old girl in Miami. They were also moved to take action after statistics were released that showed that more pedestrians were killed per capita in Florida than in any other state. See: Transportation for America Pedestrian Death Statistics that indicate that the Tampa-St. Petersburg area holds the second highest risk for pedestrian death in the country.
The new Florida law prohibiting bonds in leaving the scene of accident cases became effective October 1, 2011.
How We Can Help
- If you are facing a criminal traffic offense or any other misdemeanor or felony criminal charge arising in the St. Petersburg / Clearwater area, we are lawyers who can help.
- If there is an outstanding warrant for your arrest, contact us to speak with an attorney. We can discuss your options right over the phone.
- There are a variety of possible solutions we can explore to avoid a criminal conviction
- Selecting the right criminal defense attorney
The Law Offices of Russo & Russo
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702
Contact our office at (727) 578-0303
Free consultations
Visit our Criminal Defense Website: www.defensehelp.com
See our New Prescription Fraud Website: www.floridaprescriptionfraud.com
View our Website Dedicated to only DUI at: www.duistpetersburglawyer.com
FAQ’s Associated with Pinellas Personal Injury Cases: www.injuryorarrest.com
Are You Eligible for Social Security Disability Payments? www.mydisabilitylawfirm.com
Related Links:
Leaving The Scene of Accident Can Bring Unequal Consequences- St. Pete Times
Outstanding Warrants & How They Affect Social Security Benefits
Minor Charged as Adult in Fatal Leaving the Scene Crash-St. Pete Times
The Value of Knowing Which Judge is Assigned to your Pinellas Case
Many Floridians Driving on Suspended Licenses
Help for Out of Town Defendants in Pinellas County DUI Cases
In most cases, when an individual is arrested, the amount of their bond is set by a standardized "