Robert Q. Maron, a Florida man charged with two counts of predatory criminal sexual assault of a child stemming from allegations dating back to the late 1990s where he had sexual contact with two female children under 13 years old in Illinois, is defending against a major increase in bond amount. Maron had his bond, originally set at $200,000, raised to $500,000. This raise in bond cost was the result of an Illinois Assistant State’s Attorney’s statement that Maron showed a pattern of being a sexual predator to children of a certain age and is a risk to flee back to Florida.
A bail hearing is designed to allow both the accused and the prosecution to provide the judge with information about the accused so the judge can determine whether the accused is likely to reoffend. As well as assuring the Judge that the accused will attend Court and not flee. 2. To protect the safety of the community from unreasonable danger from the Defendant. The Judge, when determining a monetary bond amount or pre-trail detention or even to be released on one’s own recognizance or some other form of nonmonetary release restriction, will look at several factors, established under Florida Statute 903.046, including:
– The nature and circumstance of the offense charged
– The weight of the evidence against the accused
– The accused’s family ties, property ownership, employment history and mental condition.
– The accused’s criminal history including any record of flight from the courts
– The accused current status of being bonded out on another pending criminal matter,
– Whether the accused is currently on probation, which would cause a violation of probation by being arrested for the new charge.
Some candidates for bail are known as “flight risks,” if they have significant ties to another country or have strong reasons why they are unlikely to appear for the trial. At one’s bail hearing, the judge will hear from the state prosecutor, who will argue that one should remain in jail or post an extremely high amount of money to be released before trial.
Unless you are charged with a Capital crime (penalty of life in prison or death) you are entitled to a bond. Even in Capital crimes, one still may get a bond upon conducting an “Arthur Hearing”, where all the factors discussed above in F.S. 903.046 are evaluated as well as making a determination of whether there is an overwhelming presumption that the accused committed the crime or not.
A high Bond amount is many times equivalent to no bond at all. A wealthy individual might be able to post a $100,000 bond with no problem, while the average person may not be able to do so. Even with a bail bondsman, bonds many times are still not made. Often in Drug Trafficking cases or big fraud cases especially in Federal Court, a Nebbia hearing is conducted where the person who is posting the bond must show that the money for the bond is not coming from the criminal enterprise (sale of drugs or the product of racketeering etc.)
At a Bond hearing to reduce Bond or even set bond, an experienced defense attorney can show that the accused has ties to the community, such as a job, property, and a family. It is not necessary that these ties are to the same community where the alleged crime occurred. One’s attorney can also demonstrate at the bond hearing to the judge that the evidence against the accused is weak or improperly acquired.
An experienced Jacksonville bail bond defense attorney can help one present the necessary documents to the prosecutor and the court. At the hearing, one’s experienced Jacksonville bond defense attorney will present evidence, including documents and testimony, showing the court that the source of the funds to pay the hopefully reasonable bail is legitimate. There is nothing wrong with borrowing the funds, as long as it can be shown that the loan could be repaid with legitimate funds.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Bond raised for man accused of sexually assaulting young girls, Northwest Herald