Posted on 04/06/2020 6:01:26 PM PDT by aimhigh
The Chief Judge for the 20th Judicial Circuit in Fort Myers issued a memorandum Friday ordering that no person who breaks Gov. DeSantis' "Safer at Home" executive order be held without bond pending first appearance before a judge. Chief Judge Michael McHugh sent the memo to all judges in his circuit as a response to the coronavirus outbreak.
In his memo, the judge cites a Florida Supreme Court ruling in Varholy v. Sweat that "to grant release on bail to persons isolated and detained on a quarantine order because they have a contagious disease which makes them dangerous to others, or to the general public in general, would render quarantine laws and regulations nugatory and of no avail."
The order will be in effect for the Collier County area until further notice.
That’s idiotic. They are nothing of the sort. Very emotional response, put on a dress and swish around for us
Insane and unconstitutional.
While in New York City, real criminals are released without bail, so they can go back to their criminal ways.
“Habeas corpus suspended.”
Correct.
With the support of the judiciary. And acquiescence of the legislature.
“Insane and unconstitutional.”
When it’s enforced by every executive, and support by every legislature and court...it does not matter if it’s unconstitutional.
It is.
When it’s enforced by every executive, and support by every legislature and court...it does not matter if it’s unconstitutional.
It is.
hence the 2nd
really
letting convicted felons out from prison but no bonds for these people
the term hanging judge has more than one meaning
Get a grip on yourself idiot.
I asked before, who pays you to post this stuff?
“persons isolated and detained on a quarantine order because they have a contagious disease which makes them dangerous to others, or to the general public in general,”
Stopped reading right there.
“persons isolated and detained on a quarantine order because they have a contagious disease which makes them dangerous to others, or to the general public in general,”
Stopped reading right there.
WHo pays you to hurl false accusations?
in other words let people use common sense rhat they would use notmally during flu season,the same categories at risk for flu problems are the exact same cateogries for this
There is nothing false about it. How about you proving your over the top BS about this charade.
Why are you so invested in jumping in on every thread about the Chinese Flu? You are one of the biggest cheerleaders for shutting down rights and liberties in the US.
And once again, who’s paying you to spread all of this BS?
The gist of this article is the rights of the arrested person.
In Washington State, an O.R. (“own recognizance”) release does not require money and is often the first step in a pre-trial program. Generally speaking, O.R. release is offered only to defendants charged with non-violent crimes who have no prior arrests and who are not flight risks.
Cash bonds are typically used when a low bail amount is set for a misdemeanor defendant. The bail amount – minus court fees – is returned, provided that the defendant appears in court as scheduled.
But refusing bond upon hearing for arrest for a non-violent crime is a violation of due process. If they can determine if the person being arrested actually has the virus thus is a threat, which they can’t, then they can arrest but they can’t refuse bail as that is judging a person prior to trial with no evidence. And publicly making that statement in a public source like the media, is an open invitation for creating the violation of the person’s rights.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.
rwood
Get back under the bed and stay there. I’ll let you know when it’s safe to come out.
Yet, they’re releasing felons?!!! Stuck on stupid!
Agreed — this thing is being grossly overblown & there’s a lot of over-reacting. The MSM, Dems, and leftists, in general, are milking it for all that’s it’s worth — and hoping that it will bring Trump down. I’m fully aware of all that, and I believe my posting record on that shows it.
All sorts of investigations need to be done afterward — and (ideally) some bad actors will be held to account. I agree with everything you said about that.
That said, for me, and millions of other people in my demographic, catching this could be a death sentence. The odds for me are about the same as flipping a coin and getting two heads in a row.
I happen to trust Trump, along with a very small number of local political leaders, on this. When it makes sense to return to normal, Trump will let us know.
The particular case mentioned in the article does seem over-the-top; but, that’s not what I was addressing. I see a lot of over-wrought, highly-emotional posters on a forum that usually features a lot more thinking. I also see some posts that validate some of the most disparaging things leftists have to say about Trump supporters. Frankly, I think a lot of folks here are going to be looking back and shaking their heads about their behaviour, emotionalism, and anti-social attitudes on display. It’s very saddening.
The worst is yet to come — the next two weeks promise to be dreadful. Two weeks — that’s all people have to wait, to see how this plays out. After that, I want the world’s economy to come back big time. Anyone, who cares to check my posting history, will see that I was amongst the first here to point out how important a functioning economy is — how the cure could really be worse than the disease.
Meanwhile — try not to kill your grandparents!
Let's imagine that there was a deadly disease, one that would eventually kill over 35 million people. This disease can only be spread by the exchange of bodily fluids; usually through homosexual sex. Now, what would you say about someone, who is infected, willfully passing that disease on to unwitting sexual partners? What would you say to an infected person, who willfully passes that disease on people needing a blood transfusion; because he demands the 'right' to donate blood?
Now, tell me what the difference is between those two willful riskers of other people's health.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.