Wednesday, April 11, 2012

The law needs a chance to achieve justice for Trayvon. There is a good chance there will be "No Bond" for George Zimmerman.

Penalties for Second Degree Murder (click here)
The crime of Second Degree Murder is classified as a First Degree Felony and is assigned a Level 10 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Second Degree Murder, a judge is required to impose a minimum prison sentence of 16¾ years in prison and can impose any additional combination of the following penalties:
  • Up to Life in prison.
  • Up to Life on probation.
  • Up to $10,000 in fines.
The degree this case will receive any bond status is prescribed by law. It is at some discretion of the judge, but, only for extenuating circumstances.



...In practice, every county establishes a "Standard Bond Schedule" (click title to entry - thank you) where the Chief Judge for the county signs an Order advising the jail personnel to set and accept bail bonds in accord with a "schedule." A little like a menu, the schedule lists nearly every offense in Florida and then sets a "standard" bond for that offense.

Offenses for which the maximum penalty is life imprisonment (or death) are not entitled to immediate bond. They are initially booked in as "No Bond" cases...

Each county sets their own Bond Schedule.
If you are arrested in Orange, Seminole, or Volusia County (click here) you may be in need of a bond hearing or an emergency bond hearing. A person is held on a no bond status for a variety of reasons. If you are currently out on bond and rearrested you are not automatically entitled to a bond, or if you are arrested for Violation of Probation (VOP) you are not automatically entitled to bond. In some instances a Judge determines the charges are too serious such as a life felony, the Defendant poses a threat to the community if released, or the Defendant will reoffend if released.
That said, the purpose of bond is to ensure that an individual does not flee while there charges are pending and that they show up for scheduled court dates. If a person is being held on no bond a lawyer can file a bond motion with the Judge whose division the case is assigned, argue the bond motion, and even request the Judge to lower the bond amount....
There is better than a good chance George Zimmerman will not receive bail even though this is his first significant charges. I would surprised if he did receive bond. It is almost best for law enforcement to keep him out of danger. We live in a world where guns are frequently in our world. We also know there are killings for witnesses and otherwise. I believe there is reason to believe his life would be in danger if he was out on bond. I don't know what kind of conditions exist in the Seminole County jail, but, if there was a question to George Zimmerman's safety it will be brought up by the defense attorney if there is a history of danger in the jail environment.
Personally. I believe he should be held over with no bail. I realize his family and he may be acting in good faith, but, considering all the public attention George Zimmerman sought he is a bit unreliable to insure his own safety. I believe his mental stability needs to be determined as well. There are many reasons to maintain him in jail and he probably won't receive bond. 
Trayvon's family is also allowed peace of mind leading to the trial. In their talk with Reverend Sharpton and at the news conference after the announcement by the Special Prosecutor, the family looked more at peace. I believe they are sincerely mourning their son. There is no doubt in my mind this is a very difficult time for them. But, knowing they have done all they can do to bring Trayvon's killer to this point has brought them some solace.
This is difficult because I don't believe the "Stand Your Ground Law" is a good law or a reflection of a civilized society. It adds violence to people's lives. Violence is frequently not a commodity untrained people can handle well, and even soldiers have problems with killing when they are entitled to it. Violence is within our society, but, it honestly does not have an honorable place and to place it in the hands of the average person is completely irresponsible by legislators. I am not surprised the Congress in DC hasn't moved against the state laws of this nature. The Republicans would filibuster it. I am quite confident of that.
There are far too many guns on the streets of the USA. This is an example of it. Power in the hands of those that cannot discern it's brevity.


I want to thank the Special Prosecutor for meeting with the family. Sincerely appreciate it.