Supreme Court of Florida

Section 907.041(4)(b), Florida Statutes (2000), which prevents persons charged with a dangerous crime from obtaining nonmonetary pretrial release at a first appearance hearing, is purely procedural and therefore an unconstitutional violation of the separation of powers clause of the Florida Constitution.

Appellate Information

• Decided 06/30/2005
• Published 06/30/2005

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Richard Polin, Miami Bureau Chief, and John D. Barker, Assistant Attorney General, Miami, FL, for Appellant.


• For Appellees:
  
• Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellee.