Griffin v. McRay

Petitioner seeks a writ of habeas corpus challenging the trial court’s sua sponte order revoking his pretrial release and incarcerating him with a $100,000 bond for drug purchase and possession charges. We grant the petition.

The trial court was without authority to increase the bond on its own motion. Montgomery v. Jenne, 744 So.2d 1148, 1149 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(d)(2) permits the state to apply for modification of bail by showing good cause and with at least three (3) hours notice to the attorney for the defendant. Here, the state never sought a…