LEGAL EASE
by Shane Givens and Summer McWhorter

June 13, 2012

Why was George Zimmerman's bond revoked?


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George Zimmerman has become infamous, of late. Most people have heard about the Florida man charged with killing Trayvon Martin a few months ago. Anyone who has been following the case also knows that Zimmerman was recently released from custody on a $150,000 bond. A few days ago, however, Zimmerman's bond was revoked. This bond revocation has caused one reader to question why.

Under laws of criminal procedure in Alabama, with very limited exceptions, a person has a right to be released on bond while awaiting trial. In its simplest form, bond requires either money or property be placed in control of the court as assurance that the defendant will show up for court appearances. If the defendant fails to appear, the court can declare the money or property “forfeited” and issue a warrant for the immediate arrest of the defendant.

As a condition of bond, the defendant must (1) appear to answer and submit to the orders of the court; (2) refrain from committing any new crimes; (3) not leave the state without court permission; and (4) immediately notify the court of any change of address. The court can also place other requirements on the defendant, such as submit to random drug testing, etc.

Alabama criminal procedure sets up recommended ranges for bond amounts, which vary depending on the type of charge. For example, for a class C felony the recommended range is $2,500 to $15,000; for a class B felony $5,000 to $30,000; for a class A felony $10,000 to $60,000; $15,000 to $75,000 for murder, etc. The amounts can be adjusted up or down based on several factors, including the severity of the crime, the risk of the defendant fleeing, the criminal history of the defendant, etc.

During Zimmerman's bond hearing, his wife testified that she had no money to post bond. Considering the Zimmermans' financial status and the severity of the crime, the court set his bond at $150,000. Zimmerman's family posted the bond and he was freed.

Later, however, prosecutor Bernardo de la Rionda discovered that the Zimmermans had raised over $135,000 from the public that has not been disclosed to the court. Bernardo de la Rionda called Mrs. Zimmerman's testimony about her financial condition “a blatant lie.” The judge, obviously upset about Mrs. Zimmerman's testimony, ordered her husband back to jail.

This is a perfect example of probably one of the most important rules to remember in a bond hearing (or any other court proceeding)—never lie to the judge. Lying is almost always justifiable grounds for the court to change its mind on a ruling. In this case, it may mean Zimmerman has to remain in jail while awaiting trial, even though he didn't violate any of the “standard terms” of his release. Additionally, it makes others question his credibility, which will always be an issue at trial.   

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.