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Florida Anti-Murder Act: Orlando Attorney

Under Florida’s Anti-Murder Act, a judge is limited in granting bond in certain felony probation violation cases. If you are on probation for a sexually related or sexually motivated offense or if you qualify as a violent felony offender of special concern, you will not be eligible for a bond.

At Moses and Rooth Attorneys at Law, our attorneys can step in quickly to assess your situation and determine if you are subject to the Florida’s Anti-Murder Act. We have extensive experience handling criminal matters of all types and will work quickly to protect your rights and your freedom.

Sexually Motivated Offenses and Then Danger Hearing

If you are on probation for a sexually motivated offense, you are ineligible for bond prior to your violation of probation hearing. However, the judge may hold a Danger Hearing to decide whether you are a danger to the public and whether you can be granted a violation of probation bond. During the Danger Hearing, the judge will consider:

  • Any new offenses
  • The nature of the violation
  • Arrest records for violent or sex crimes, even if you were not convicted
  • Family ties
  • Employment history
  • Mental condition
  • Likelihood of re-offending

Violent Felony Offender of Special Concern

If you are considered a violent felony offender of special concern, you will only be allowed out on bond if your probation violation is for failure to pay court-ordered financial obligations. If the alleged violation is for anything other than that, you will be required to stay in jail until your hearing, and you will not be allowed bond.

So What Qualifies Someone to be a Violent Felony Offender of Special Concern

  • A person who is on felony probation or community control related to a qualifying offense committed on or after the effective date of this act
  • A person who is on felony probation for any offense and has previously been convicted of a qualifying offense
  • A person on felony probation for any offense and is found to have violated that probation by committing a qualifying offense
  • A person on felony probation and has previously been found by a court to be a habitual violent felony offender and has committed a qualifying offense
  • A person on felony probation and has previously been found by a court to be a three-time violent felony offender and has committed a qualifying offense
  • A person on felony probation and has previously been found by a court to be a sexual predator and has committed a qualifying offense

Qualifying Offense

  • Kidnapping or attempted kidnapping
  • False imprisonment of a child under the age of 13
  • Luring or enticing a child
  • Murder or attempted murder
  • Aggravated battery or attempted aggravated battery
  • Sexual battery or attempted sexual battery
  • Lewd or lascivious battery or attempted lewd or lascivious battery
  • Lewd or lascivious molestation
  • Lewd or lascivious conduct
  • Lewd or lascivious exhibition
  • Robbery or attempted robbery
  • Carjacking or attempted carjacking
  • Lewd or lascivious offense upon or in the presence of an elderly or disabled person
  • Sexual performance by a child
  • Computer pornography
  • Transmission of computer pornography
  • Poisoning food or water
  • Abuse of a dead body
  • Any burglary or attempted burglary offense that is a first or second degree felony
  • Arson or attempted arson
  • Aggravated assault
  • Aggravated stalking
  • Aircraft piracy
  • Discharging a destructive device or bomb
  • Treason

Subject to the Anti-Murder Act? Contact Our Probation Violation Lawyers.

When you cannot get a bond, you should not give up. Our attorneys are prepared to protect your rights and your freedom. Contact our Florida criminal defense law firm online, or call us at 407-377-0150 today to schedule your consultation.