How has the Dominguez case affected pre-trial release conditions in the 8th Judicial Circuit?

BY JENNIFER CABRERA

GAINESVILLE, Fla. – The Daniel Dominguez case has led to noticeable changes in pre-trial release conditions in the 8th Judicial Circuit, with bail amounts generally lower but more defendants being held without bail pending trial.

Appeals court: defendants are “entitled to be released on bail in a reasonable amount”

State Attorney Brian Kramer told Alachua Chronicle that the process for setting monetary bail in the 8th Judicial Circuit has changed because of a recent appeals court decision holding that defendants are “entitled to be released on bail in a reasonable amount” and that the amount should not “preclude the probability of an ordinary citizen” being able to post bail.

The change began with the case of Daniel Dominguez, who was just sentenced to three years in state prison for threatening to shoot up a middle school. Dominguez was arrested in October 2023 after posting an Instagram video in which he said he wanted to shoot up a middle school on a weekend so police would kill him, and Judge Thomas Jaworski set bail at $1 million on each of the two original counts – terrorism and making a threat to commit an act of terrorism.

At his First Appearance hearing, Dominguez’ attorney said his family could only come up with $25,000, so he could only post bail if it were set at $250,000 or lower. The defense attorney argued that it was unlawful for Dominguez to be held on an unaffordable bond unless the prosecution filed a motion for pre-trial detention without bail. The prosecuting attorney responded that courts have held that a bond is not “per se, excessive” just because a defendant testifies that he can’t meet it. Judge Thomas Jaworski set bail at $2 million ($1 million on each of the two original counts – terrorism and making a threat to commit an act of terrorism) and added a condition that Dominguez not return to any public or private schools. 

At a hearing on a motion to reduce the bond in November, Judge David Kreider said the court was “very concerned for danger to the community” but agreed to reduce the bond to $1,500,000.

Dominguez’ appeal

Dominguez appealed the bond amount to the First District Court of Appeals (1st DCA), which ruled on January 31 that he was being illegally detained and would need to be released on February 5 “unless the trial court enters an order setting reasonable conditions of pre-trial release or conducts further proceedings and enters an order under section 907.041(5)(c) of the Florida Statutes.”

That statute holds that there is a “presumption in favor of release on nonmonetary conditions for any person who is granted pre-trial release unless such person is charged with a dangerous crime.” If the defendant is charged with a dangerous crime, the defendant “shall be released on monetary conditions” (i.e., a financial bond) if the monetary conditions are necessary to protect the community or assure the presence of the person at hearings or at trial. The crime of making a written threat to kill is on the list of dangerous crimes in the statute.

Section (5)(c) of the statute states that the State Attorney may make a motion for pre-trial detention under certain conditions, including a finding that the defendant “poses the threat of harm to the community” or “that there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons.”

Noting that prosecutors had not made a motion to hold Dominguez without bail pending trial, 1st DCA Judge Stephanie Ray wrote in a concurrence, “The Florida Constitution guarantees that a presumptively innocent individual will be released prior to trial on reasonable conditions… [T]he only exception to the guarantee is if a court finds that no conditions of pre-trial release can reasonably protect the community, ensure the presence of the accused, or ensure the integrity of the judicial process… That has not occurred.”

Judge: “The court has converted a condition of release into a jail term”

Ray also wrote that because Dominguez and his family testified that they could only come up with “$25,000 or a $250,000 bond… the court has converted a condition of release into a jail term… [W]hile the court has wide discretion in fashioning appropriate conditions of release – after it makes the threshold determination to release the accused – it must stop short of imposing a requirement that simply cannot be met… For these reasons, the petitioner is being illegally detained.”

Judge grants motion for pre-trial detention of Dominguez

The State Attorney’s office quickly followed up with a motion for pre-trial detention, and on February 5, Judge David Kreider ordered that Dominguez be held without bail, concluding that, “[T]here are no conditions of release reasonable sufficient to protect the community.”

About 100 motions for pre-trial detention without bail since early February

Since that decision from 1st DCA, there have been frequent motions for pre-trial detention without bail, and judges in the 8th Judicial Circuit have more often set bail amounts that are “reasonable” for crimes that are not on the list of “dangerous” crimes that qualify for pre-trial detention. The result is that more defendants are being held without bail, and few are being held on very high bail; looking back 30 days ago, for example, the defendants who were arrested on March 30, 2024, and are still in jail are being held on bail amounts of $25,000 (two cases with individual bonds of $10k and $15k) and $5,000. It would cost $2,500 and $500, respectively, for those two defendants to post bond.

Which crimes require or allow motions for pre-trial detention?

Dangerous crimes are crimes such as murder, sexual battery, kidnapping, arson, aggravated battery, aggravated child abuse, robbery, human trafficking, and drug trafficking. The statute requires the State Attorney to file a motion for pre-trial detention if a defendant “is arrested for a dangerous crime that is a capital felony, a life felony, or a felony of the first degree, and the court determines there is probable cause to believe the defendant committed the offense.”

Kramer said,  “Our approach to the pre-trial detention statute is to follow the letter of the law. The law sets out when the motion for pre-trial detention is mandatory and when it is discretionary. We file the motion in every case where it is mandatory. For discretionary cases, we file in cases involving a sexual allegation or significant violence. I have a policy that sets this out for the Assistant State Attorneys. I believe that this statute enhances the ability of the Courts to accurately and reliably determine who should be held prior to trial and therefore increases public safety.”

Kramer sent Alachua Chronicle a list of discretionary conditions that may prompt a motion for pre-trial detention:

1. The defendant has previously violated a condition of release.
2. The defendant has threatened or harassed a victim or witness.
3. The defendant is charged with drug trafficking.
4. The defendant is charged with DUI manslaughter.
5. The defendant poses a threat to the community.
6. The defendant was on probation, parole, or pre-trial release for a dangerous crime.
7. The defendant has violated a condition of pre-trial release on a pending case.
8. The defendant has been subjected to enhanced sentencing in the past, such as a habitual felony offender.

When is a judge required to order pre-trial detention?

Granting pre-trial detention is mandatory if the court finds certain factors. The statute states, “If the court finds a substantial probability that the defendant committed the offense and, based on the defendant’s past and present patterns of behavior, consideration of the criteria in s. 903.046, and any other relevant facts, that no conditions of release or bail will reasonably protect the community from risk of physical harm, ensure the presence of the defendant at trial, or assure the integrity of the judicial process, the court must order pre-trial detention.”

The prosecutor must thus convince a judge that there are no release conditions that will reasonably protect the community and ensure the integrity of the judicial process.

Kramer said that the process has been “disruptive” because pre-trial detention hearings must be held within five days of the filing of a motion, so scheduling has been an issue. As of April 22, Kramer said, 63% of the 99 motions for pre-trial detention had been granted, 20% had been denied, and the rest were either pending or “resolved in some other way.”

How is bail determined now?

Kramer said the defendant’s ability to pay a bond is considered when setting bail, but “it is not outcome-determinative. The Court can consider any fact or circumstance that speaks to any of these issues in setting conditions of release, one of which can be posting a bond.”

Kramer said conditions of release are based on how likely the defendant is to return for trial; whether the defendant poses a danger to the community, the victim, or the witnesses; and what amount of bond the defendant can afford to post. The defendant’s ability to pay a bond is considered but does not, in itself, determine the outcome. 

The defendant’s attorney generally provides information to the court about how much the defendant can afford to pay, including resources that may be available from family members. The information is not verified by the court, but if the State Attorney’s office believes false information may have been presented, they will follow up on it.