Is Bond Available for Attempted Felony Murder where the Victim does NOT want to Press Charges? / AVVO / "Best Answer" / Michael A. Haber, Esq. **ARRESTED / **305DUI
Q: Can a "no bond" Felony Attempted Murder have the "no bond" dropped from it? Especially if victim doesn't want to press charges? The accused was being violently robbed, and he was defending himself and fought back, but the victim tried to break up the fight and the accused assaulted him, thinking he was one of the robbers. The robbers left the scene and the accused was arrested for attempted murder. The victim knows it wasn't purposeful but the State can pick up the case of course, can a bond be instated on a no bond charge?
Answered . As to the Defendant the answer is "yes". Her/his lawyer can calendar and litigate an "Arthur Hearing", a special bond hearing for non-bondable offenses. The downside is that this will take a while as no 305 Judge will hear an Arthur Hearing prior to Arraignment, which is at least 3 weeks after arrest.
In the interim, if the Defendant has a skilled and experienced private criminal defense lawyer then the attorney will involve her/himself in the "pre-filing" process and attempt to persuade the assigned ASA to agree to a bond.
In a perfect world, at the same time, the victim would have her/his story told to the State though her/his own personal "victim's right's advocate". If you are the victim of a crime then the State's job is to elicit your testimony and prosecute. In Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If the victim does not wish to cooperate with the State then s/he is entitled to have them consider her/his wishes.
In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute. If a victim wants to increase her/his odds at having the State pursue her/his interests then s/he can hire her/his own criminal defense lawyer to serve as her/his Victim's Right's Advocate.
Again, no one can control what the State does on behalf of the people, but the victim will increase her/his odds at achieving a favorable outcome if s/he has an effective victim's rights advocate pursuing her/his agenda. Many criminal defense lawyers serve as effective victim's rights advocates.
Working in tandem, an experienced criminal defense lawyer and a skilled victim's right's advocate can oftentimes accomplish the otherwise unaccomplishable.
I hope that I have been helpful in answering your question.
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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