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Bail Or Bond In Florida Child Abuse Cases

 

Child abuse cases often have an extremely high bond. There are some cases that produce an emotional reaction that is extremely strong. Cases involving allegations of cruelty to animals and cruelty to children are cases where there is a strong presumption of guilt despite the fact that everyone should be presumed innocent, they know the reality is many presume guilt. When it comes to child abuse cases, there is a great deal of sympathy for children to the point that it clouds people’s judgment. When you have a high profile child abuse case, it’s very important to consider how it is going to impact whether a judge gives a bail bond. If the judge gives a bail bond, how is the pre-trial publicity going to impact the amount of a bond as well as the condition?

Will There Be a Change of Venue?

You also have to consider is the pre-trial publicity and the revulsion that people feel about these cases so strong in this particular case that you need to file a rare motion for change of venue. Judges do not like to do changes of venue. They would rather try to pick a jury fully knowing that there is a risk that they are not going to be able to find a fair jury rather than do a change of venue motion because it’s going to draw a lot of scrutiny for the cost alone, plus there is the expect of many of the communities might feel that their voice is being taken away when in reality, the judge is simply trying to ensure that if there is a conviction, it sticks because there is not adverse pretrial publicity to the point where someone cannot get the fair trial and then at the end of the day, judges really do want people to have fair trials.

Getting a Fair Bond

When it comes to cases involving children, getting a fair trial, getting a reasonable bond, these types of things are much more difficult than in other types of cases such as a burglary or a theft. So one of the things I would be very mindful of if a family member or someone you care about is charged with the child abuse case is the emotional content of the allegation may be such that it’s far more dangerous than a person may realize. Sometimes, people will be charged with the very serious case, yet they will have a strong sense of denial regarding the risk of conviction because in their mind, they are thinking, “Well, I know I am innocent and the truth will set me free”, the reality is the truth is dependent upon belief. What the officer investigating the case believes is going to determine whether they’re going to find probable cause.

When the state attorney is reviewing a warrant application, what they believe is going to determine whether or not they sign off on it and send it to a judge. When it comes to the judge, police is going to play a strong role. Notice how I’m saying “Belief” over and over and over again. We always have to be very mindful that what is the objective truth and what is the subjective truth are two completely different things. These types of considerations are present in any type of criminal case, however, they are magnified on a very high level when it comes to cases involving children.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

For more information on Bail/Bond In Florida Child Abuse Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 850-423-0035 today.

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Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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