WALTER BRAZIL, PETITIONER,
v.
SHERIFF YEN JENNE AND THE STATE OF FLORIDA, RESPONDENTS
PER CURIAM.
We grant Walter Brazil’s motion for rehearing, withdraw our previously filed opinion, Brazil v. Jenne, No. 4D00-0566 (Fla. 4th DCA Mar. 8, 2000), and substitute the following.
The record establishes that bail for a first offense was set in the amount of $250,000. Brazil has strong ties to the community, has resided in Broward County for over forty years, and could not financially post the $250,000 bond. Excessive bail is tantamount to no bail and an appellate court will grant relief where the petitioner demonstrates that the amount of bail is unreasonable under the circumstances. See Steel v. Jenne, 710 So. 2d 993 (Fla. 4th DCA 1998); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980). We hold that the bail in this case is tantamount to no bail and reverse and remand with instructions to hold a hearing forthwith to set a reasonable amount of bail.
FARMER, SHAHOOD and HAZOURI, JJ., concur.
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Cepero v. Mascara, 981 So. 2d 671 (Fla. 4th DCA 2008)…some financial resources, the evidence did not support his ability to post a bond of the amount set by the court. Petitioner has carried his burden of demonstrating, based on the current record, that the bond amount is unreasonable. Brazil v. Jenne, 755 So. 2d 784 (Fla. 4th DCA 2000). Other circumstances, not apparent in the record before this court, may justify a higher bond, the same bond, or additional conditions and requirements. However, the state presented no evidence at the hearing below supporting th…
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Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti, 6 So. 3d 707 (Fla. 4th DCA 2009)…e bond is tantamount to no bond, and that an appellate court will grant relief where the petitioner shows that the amount of bond set is unreasonable under the circumstances. See Luyao v. Mascara, 815 So. 2d 748 (Fla. 4th DCA 2002); Brazil v. Jenne, 755 So. 2d 784 (Fla. 4th DCA 2000). Here, the petitioner has demonstrated that the amount of bond was unreasonable. Petitioner testified at the bond hearing that he worked as a barber earning about $17,000 annually. He said he did not own a home or real property…
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Winer v. Spears, 771 So. 2d 621 (Fla. 3d DCA 2000)…she has lived in South Florida for 26 years: she has been employed for many years during that time, and her son, a member of the United States Air Force, lives in Florida. E.g. Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998); Brazil v. Jenne, 755 So. 2d 784 (Fla. 4th DCA 2000). Winer presented evidence that her assets have been frozen by court order and she cannot post a $200,000 bond. “Excessive bail is tantamount to no bail and an appellate court will grant relief where the petitioner demonstrates th…
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- Finlason v. Finlason, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Hicks v. Chamberlin, 710 So. 2d 993 (Fla. 4th DCA 1998)