Danger Hearings or Dangerousness Hearings in Florida are required after probation violations on certain crimes. If you are placed on Florida Felony Probation for an enumerated crime, and you violate probation, then you are required to have a judge determine if you are a danger to the community.
The Court will consider a wide-range of factors to determine if the defendant is a danger to the community. The following factors are just some a court can use to consider, but you should know that the judge has wide discretion in these hearings:
- What is the basis for the probation violation? Was is a substantive violation like a new law charge? If it is a new law, then the court will certainly look into the charge. If the new crime also qualifies as a Violent Felony Offense then the likelihood of finding the defendant to be a danger is drastically increased;
- Any prior arrests for violent crimes or sex crimes;
- Is there evidence or allegations of other violence or violent crimes, and whether there is any evidence or allegations of other sex crimes;
- The court also looks at the general elements much like that of initial bond, like how long the defendant has lived in the community, what are the defendant’s family ties to the area, how long the defendant has lived in the area, is the defendant employed (how long, where at, etc.), and the court also considers any mental health concerns;
- the court also focuses on the defendant’s history in this case, such as any previous violations, has the defendant has performed under supervision and any of violations. I’ve even had courts consider the defendant’s disciplinary history while in custody on this and other cases;
- How strong is the evidence against the defendant,
- Will this defendant reoffend, and
- Any facts the court deems relevant. That’s right, “any”. The court has wide discretion to make a determination on dangerousness to the community.
Danger or Not
The goal of a Sarasota Criminal Defense Lawyer is to prove that the client is not a danger to the community. But just because you prevail and are shown to not be a danger to the community, the court is not required to give you bail or sentence you to jail or prison.
I offer FREE CONSULTATIONS on all criminal matters and I will take all the time necessary to answer all your questions.
If you are accused of a crime, do not hesitate to Contact Me. I offer FREE CONSULTATIONS for all criminal cases. I have the successful jury trial experience in serious felonies and misdemeanors from both prosecution and defense to help guide you to your best defense.