Legal Topics

Criminal law — Sexual battery — Pretrial detention

Aug 01st, 2024 in by admin

Criminal law — Sexual battery — Pretrial detention — Constitutionality of statute — Separation of powers — Section 907.041(5)(d), which provides that state attorney or court shall move for pretrial detention if court determines at first appearance that there is probable cause to believe that defendant arrested for certain dangerous crimes committed the crime, is unconstitutional violation of separation of powers — Statute usurps both core executive branch function of determining whether, and under what conditions, to oppose defendant’s application for pretrial release and judicial branch function of making procedural rules — If prosecutor can represent that motion for pretrial detention is brought in exercise of prosecutor’s discretion, not pursuant to statute, motion will be adjudicated as provided in rule 3.132