On June 22, 2008 a
Motion,Ex Parte
was filed
involving a dispute between
and
Knowles, Eric Leonard,
for Criminal Felony
in the District Court of St. Lucie County.
Preview
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
STATE OF FLORIDA
Plaintiff,
vs. Case No. 562008CF003664A
Judge: Robert E. Belanger
Eric Leonard Knowles
Defendant.
MOTION FOR BOND REDUCTION
COMES NOW the defendant by and through undersigned counsel pursuant to
Florida Rules of Criminal Procedure 3.131(d) and hereby moves this honorable court to
teduce the bond previously set herein to a reasonable amount, and as grounds
therefore would state as follows:
1. That the defendant is incarcerated in the St. Lucie County jail on charges and
bond of:
1) FALSE IMPRISONMENT
2) FELONY BATTERY
2. That the defendant has been determined to be indigent in this case.
3. That, “[djepending upon the financial circumstances of the defendant,
excessive bail is tantamount to no bail. State ex rel. Bardina v. Sandstrom, 321 So.2d
We pon On AT ANO EID aM RPA 40S
630 (Fla. 3° DCA 1975).” Good v. Willie, 382 So.2d 408 (Fla. 4" DCA 1980).
4, That Florida Rules of Criminal Procedure 3.131(b)(1) states: “There is a
presumption in favor of release on non-monetary conditions for any person who is
granted pretrial release.”
5. That “[rJeductions in bond must be made on a case-by-case basis with full
consideration of the legally relevant factors. See Payret v. Adams, 471 So.2d 218 (Fla.
4" DCA 1985). Such factors include an accused's financial resources, family ties,
employment history, length and stability of his residence in the community, past criminal
convictions, and record of appearing or failing to appear at prior court proceedings.”
Rawls v. State, 540 So.2d 946 (Fla. 5" DCA 1989).
6. That the defendant is financially unable to post the bond as presently set.
7. That the Eight Amendment of the Constitution of the United States, (1791)y,
states: “Excessive bail shall not be required, nor excessive fines imposed, nor onug
and unusual punishment inflicted.” [emphasis added].8. That the bond currently set is excessive and violates the defendant's rights
under the Eighth and Fourteenth Amendments to the United States Constitution and
Article 1, § 14 of the Constitution of the State of Florida.
WHEREFORE, the defendant respectfully requests that this honorable court
enter an order reducing the bond set herein to reasonable amount.
| HEREBY CERTIFY that a copy hereof has been furnished to Linda Baldree,
Assistant State Attorney, by delivery on 16 day of December, 2008.
Respectfully submitted,
DIAMOND R. LITTY
PUBLIC DEFENDER
BY:
Dorothy Busch
Florida Bar Number 0043436
Assistant Public Defender
216 S. Second Street
Ft. Pierce, Florida 34950
(772) 462-2048
Document Filed Date
December 16, 2008
Case Filing Date
June 22, 2008
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA Plaintiff, vs. Case No. 562008CF003664A Judge: Robert E. Belanger Eric Leonard Knowles Defendant. MOTION FOR BOND REDUCTION COMES NOW the defendant by and through undersigned counsel pursuant to Florida Rules of Criminal Procedure 3.131(d) and hereby moves this honorable court to teduce the bond previously set herein to a reasonable amount, and as grounds therefore would state as follows: 1. That the defendant is incarcerated in the St. Lucie County jail on charges and bond of: 1) FALSE IMPRISONMENT 2) FELONY BATTERY 2. That the defendant has been determined to be indigent in this case. 3. That, “[djepending upon the financial circumstances of the defendant, excessive bail is tantamount to no bail. State ex rel. Bardina v. Sandstrom, 321 So.2d We pon On AT ANO EID aM RPA 40S 630 (Fla. 3° DCA 1975).” Good v. Willie, 382 So.2d 408 (Fla. 4" DCA 1980). 4, That Florida Rules of Criminal Procedure 3.131(b)(1) states: “There is a presumption in favor of release on non-monetary conditions for any person who is granted pretrial release.” 5. That “[rJeductions in bond must be made on a case-by-case basis with full consideration of the legally relevant factors. See Payret v. Adams, 471 So.2d 218 (Fla. 4" DCA 1985). Such factors include an accused's financial resources, family ties, employment history, length and stability of his residence in the community, past criminal convictions, and record of appearing or failing to appear at prior court proceedings.” Rawls v. State, 540 So.2d 946 (Fla. 5" DCA 1989). 6. That the defendant is financially unable to post the bond as presently set. 7. That the Eight Amendment of the Constitution of the United States, (1791)y, states: “Excessive bail shall not be required, nor excessive fines imposed, nor onug and unusual punishment inflicted.” [emphasis added].8. That the bond currently set is excessive and violates the defendant's rights under the Eighth and Fourteenth Amendments to the United States Constitution and Article 1, § 14 of the Constitution of the State of Florida. WHEREFORE, the defendant respectfully requests that this honorable court enter an order reducing the bond set herein to reasonable amount. | HEREBY CERTIFY that a copy hereof has been furnished to Linda Baldree, Assistant State Attorney, by delivery on 16 day of December, 2008. Respectfully submitted, DIAMOND R. LITTY PUBLIC DEFENDER BY: Dorothy Busch Florida Bar Number 0043436 Assistant Public Defender 216 S. Second Street Ft. Pierce, Florida 34950 (772) 462-2048