• Attorney Joseph Soler

Can a judge raise my bond, instead of lower it, at my bond reduction hearing in Florida?

Florida case law says that a trial court judge does not have the authority to increase bond sua sponte (or on its own motion) at the defendant's bond reduction hearing.

In order for the defendant's bond to be increased:

1. The prosecutor must file a motion to modify the defendant’s bond

2. The defendant must be given at least 3 hours’ notice

3. The prosecutor must prove “a change in circumstances or additional evidence” since the bond was originally set. In other words, the State has the burden to bring new information to the court's attention that was not known at the time the original bond was set.

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