The bill known as SPB 7068 or the “Pretrial Detention Hearings” continues to wind its way through the Florida Senate – and it could eventually make it harder than ever for criminal defendants to obtain bail.
Essentially, SPB 7068 would permit judges to order any defendant accused of a host of “dangerous crimes” to be held in jail pending their trial date based solely on hearsay. Hearsay – which is just secondhand information – is not permitted at actual trials. The goal of the bill is, allegedly, to ease the burden on the victims of crimes from having to testify at pretrial detention hearings when they may still be deeply traumatized.
Why is the ability to jail a defendant on hearsay so problematic?
First of all, the legal presumption of “innocent until proven guilty” is supposed to prevail – and incarceration based on hearsay before conviction flies in the face of this. Incarceration can create a perception that the defendant is already guilty, both in the eyes of the public and the system, which may unfairly influence the outcome of any trial.
In addition, pretrial detention can lead to severe financial and emotional hardships for defendants. The conditions in jails can be harsh, particularly due to overcrowding, and vulnerable defendants who have mental health issues can be psychologically damaged as a result. The stress and trauma of their incarceration can have long-lasting consequences on their mental well-being. They will also likely lose their jobs, be unable to pay their bills, may lose their homes – and carry the knowledge that their families may also be suffering economic hardships.
Ultimately, defendants held in pretrial detention may be more likely to accept plea bargains, even if they are innocent – just to get out of jail faster. This undermines the entire justice system and can lead to wrongful convictions that further damage a defendant’s future.
If you are accused of a crime, it’s incredibly important to seek early legal guidance. A strong defense can help you avoid unfair consequences.