McClellan v. State

The defendant petitions this court for a writ of habeas corpus challenging his pretrial detention for the charges of leaving the scene of an accident with serious injury and leaving the scene of an accident with death. We grant the petition and remand the case for an immediate bond hearing consistent with this opinion.

Article I, Section 14 of the Florida Constitution affords trial courts wide latitude in making decisions concerning pre-trial release and bond. However, those latitudes are not without bounds. “Section 907.041 tucks neatly into this constitutional provision by defining the…