In March of 2007, Florida lawmakers passed the “Anti-Murder Act,” which designates certain offenders as “Violent Felony Offenders of Special Concern (VFOSC).
A person qualifies under this statute if they are on felony probation or community control for any of the following offenses:
Kidnapping
Murder, attempted murder, or manslaughter
Aggravated battery or attempted aggravated battery
Sexual battery or attempted sexual battery
Lewd or lascivious battery, molestation, or conduct, or an attempt to commit
Robbery or attempted robbery (includes strong-arm robbery, carjacking, and home-invasion robbery)
Any burglary offense
Arson
Aggravated assault
Aggravated stalking
This is not an all-inclusive list, but these are the main offenses that, if on probation or community control for any of these crimes, you will qualify as a VFOSC.
If you are designated a VFOSC and you are on probation or community control for any one of the enumerated crimes, you will not be permitted a bond if you violate probation. The law specifically prohibits the judge from granting a bond to the accused under any circumstances.
In simple terms, if you are on probation for any of the previously mentioned crimes and you violate probation, you cannot be released from jail until your probation violation is resolved.
The court must then, upon sentencing the accused for a probation violation, impose a sentence up to the maximum but not below the statutory guidelines unless the court makes written findings that the accused is not a danger to the community.
While it may be entirely possible to avoid a prison sentence for a probation violation if you have been designated a VFOSC, you must remain in jail while your violation is pending.
Florida courts, especially Miami-Dade, are enforcing the Anti-Murder Act in every probation violation matter.
Contact a Miami probation violation lawyer or Broward probation violation lawyer to discuss your case if you believe that you or a loved one may fall under the no-bond provisions of this law.