Is Tony P still answering questions here on the forum? I think someone (anyone!!) should ask him WHY THE CHANGE OF HEART? And also, since she has blatantly violated her probation by communicating with a 12 yr old, isnt that enough reason to revoke her bail?
I just dont understand why the Padilla clan has flip flopped and decided NOT to revoke. Same goes for the county Probation Dept--she has violated her bail terms, so back to pokey.
Right? Am I missing something? I am going to try and find a way to email the probation department, the Sherriff's office, and anyone else to ask this simple question:
"Ms. Casey Antony has violated the terms of her bail release, why hasnt she be taken back into custody?"
Thanks to all for reading this little rant.....
And a special message to Casey.....
WHERE IS CAYLEE??
There is a difference between the bail and the bond here. The bondsman can pull the bond but it's the court that oversees the bail conditions.
In general most of the cases I've seen in FL (via LEXIS search) seem to be about committing a new offense while out on bail/pre-trial release. Other than new crimes, there are also cases where a DUI defendant drinks in violation of conditions and has bail revoked. But this would also be related to the underlying offense and be a concern for public safety.
Revoking bail generally concerns the safety of the public, hence a new crime creates a public safety issue. I'm not sure if this would qualify as I'm not a criminal attorney but I coujld see prosecutors arguing that her actions harmed another child and that this has potential for obstrucitng and interrferring with the investigation. But the current charges do not really present a concern about a threat to the public at large so I'm sure there would be an argument made by her attorney.
Fl law provides that every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably
protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.
The bolded parts above are the three bases for determining bail and the conditions should be related to those and the violation would need to affect those.
The statute (§ 907.041. Pretrial detention and release
) says:
The court may order pretrial detention if it finds a substantial probability . . . that any of the following circumstances exists:
"7. The defendant has violated one or more conditions of pretrial release or bond for the offense currently before the court
and the violation, in the discretion of the court,
supports a finding that no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial.
So, even though a condition is violated the defendants attorney can argue that it doesn't impact the bases for granting bail.
That is all still no reason why LP can't revoke the bond and I'm still not clear why he did. I know last night JB said something about it violating "their deal" if he were to pull the bond.
Of course, the prosecutors here could take a tough approach and try to get bail revoked. The good thing here is JB doesn't seem all that great and they may succeed in putting her back where she belongs.