Judge Issues an Arrest Warrant for Rapper Kodak for Violating his Bail Conditions
March 1, 2023 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements, Probation Violation Social Share
In certain circumstances, a person arrested for a criminal offense may be offered bail or a pretrial release. However, such an offer comes with usually strict rules that the defendant must follow. If any of the terms of bail are violated, it could result in the defendant being taken back into custody. In a recent case in Broward County, rapper Kodak Black is wanted for arrest after failing to follow the terms of his bail.
This page will provide information on bail, along with details from Kodak Black’s most recent criminal case in Florida.
What is Bail?
Bail is a legal term that refers to the release of a defendant from custody in exchange for a sum of money or property that is pledged as a guarantee that the defendant will return to court for their trial or other court appearances. The bail system is designed to ensure that defendants can be released from jail while they await trial, while also ensuring that they will return to court to face their charges.
When a person is arrested and charged with a crime, they may be held in custody until their trial. However, if they are granted bail, they can be released from jail while their case is pending. The amount of bail is set by a judge, and it is typically based on the severity of the crime, the defendant’s criminal history, and other factors. In some cases, the judge may also impose certain conditions on the defendant’s release, such as requiring them to remain in a certain geographic area or refrain from contacting certain individuals.
Under Florida Statute Section 903.046, when determining whether a defendant will be released on bail or other prerelease conditions, the specific details of such release shall be determined on the following:
- The nature and circumstances of the offense charged;
- The weight of the evidence against the defendant;
- The defendant’s family ties, length of residence in the community, employment history, financial resources, and mental conditions;
- The defendant’s past conduct or any previous criminal convictions;
- The nature and probability of danger the defendant’s release poses to the community;
- The source of funds used to post the bail;
- Whether the defendant has already posted bail for another criminal offense or has a release pending;
- The street value of any controlled substance connected to or involved in the offense;
- The nature and probability of danger or intimidation to others;
- Whether there is probable cause to believe the defendant committed a new criminal offense while on pretrial release; and/or
- Any other relevant factors to the court.
If the defendant fails to appear in court for their trial or violates the conditions of their release, the court may revoke their bail and order them to be taken back into custody. If the defendant does appear in court as required and the case is resolved, the bail money or property that was pledged will be returned to the person who posted it.
Bail is an important component of the criminal justice system, as it allows defendants to be released from jail while they await trial, which can help them to prepare their defense and maintain their employment and family responsibilities. However, it is important to note that not all defendants are eligible for bail, and some may be held in custody without the possibility of release until their trial.
To read further on bail bonds in Florida, find our informative page here.
How Can a Person Violate Bail Conditions?
In Florida, there are various scenarios in which a person may violate the conditions of bail. This is usually on a case-to-case basis, depending on the offense and the specific bail given by the judge. The following are common examples of how a person can violate their terms of bail:
- Failure to appear in court: If a defendant fails to show up for a scheduled court appearance, it is considered a violation of their bail conditions.
- Traveling outside of the allowed area: In some cases, a defendant may be required to stay within a certain geographical area while out on bail. If they travel outside of that area without permission, it is a violation of their bail conditions.
- Failing to pay bail: If a defendant is required to pay bail in order to be released and they fail to make the payment, it is a violation of their bail conditions.
- Possession of firearms or other weapons: Depending on the specific terms of the bail agreement, a defendant may be prohibited from possessing firearms or other weapons while out on bail. If they are found to be in possession of such items, it is a violation of their bail conditions.
- Violating restraining orders: If a defendant is subject to a restraining order as a condition of their bail and they violate that order, it is a violation of their bail conditions.
- Engaging in criminal activity: If a defendant commits a new crime while out on bail, it is a violation of their bail conditions.
- Using drugs or alcohol: Depending on the specific terms of the bail agreement, a defendant may be prohibited from using drugs or alcohol while out on bail. If they are found to be using such substances, it is a violation of their bail conditions.
If a defendant violates their bail conditions, they may be arrested and have their bail revoked, which could result in being sent back to jail until their trial. It is important to take bail conditions seriously and to comply with them fully to avoid any further legal trouble.
What is an Arrest Warrant?
An arrest warrant is a legal document that authorizes law enforcement officers to arrest a person suspected of committing a crime. In Florida, police officers can file for an arrest warrant if they have probable cause to believe that a person has committed a crime.
Probable cause means that the officer has reasonable grounds to believe that a crime has been committed and that the person named in the warrant is responsible for the crime. The warrant must be issued by a judge or magistrate who reviews the evidence presented by the police officer and determines whether there is sufficient probable cause to issue the warrant.
There are several circumstances under which a police officer in Florida may seek an arrest warrant, including:
- When they have conducted an investigation and have sufficient evidence to establish probable cause that a crime has been committed.
- When they have observed a person committing a crime.
- When they have received information from a reliable source that a person has committed a crime.
- When they have received a report of a crime from a victim or witness.
Once an arrest warrant has been issued, law enforcement officers can use it to arrest the person named on the warrant. The warrant authorizes officers to enter a private residence to make the arrest if necessary. The person named in the warrant will be brought before a judge for an initial appearance, at which time the judge will inform them of the charges and set bail if appropriate.
It is important to note that an arrest warrant is a serious matter and should not be ignored. If you believe that there is a warrant out for your arrest in Florida, you should consult with an attorney as soon as possible to discuss your legal options.
Kodak Black’s Case
We’ve previously covered a separate case involving popular rapper Kodak Black, which involved an incriminating Instagram live post from 2018 where he was displayed using marijuana and having a firearm in his possession. Black was sentenced to over three years in prison after pleading guilty to making false statements while filing to obtain a firearm from a federally licensed dealer.
The rapper was arrested again in July 2022 after being pulled over for a routine stop. According to the report, Black (real name Bill K. Kapri) was stopped by Florida Highway Patrol because his window tints “appeared to be darker than the legal limit.”
Upon further inspection, Black’s license and registration were both expired. One of the officers searched the vehicle, resulting in them finding nearly $75,000 in cash and a small bag filled with 31 oxycodone pills. Black posted the $75,000 bail and was released from jail on certain conditions—which included staying drug-free.
Most recently, Broward Sheriff’s Office has obtained an arrest warrant for Black’s arrest after he allegedly violated his conditions of release. According to the authorities, Black failed to submit to a required drug test on February 3rd, 2023.
Less than a week later on February 8th, Black complied and took the drug test. However, the drug and alcohol test returned positive for traces of fentanyl. Fentanyl is an extremely potent and dangerous opioid, which is considered 50 to 100 times more powerful than morphine. Fentanyl is classified as a Schedule II substance on Florida’s Drug Schedule for its high potential for abuse and having only restricted medical use in the U.S.
The result of Black’s failed drug test caused the authorities to have his release revoked, with a Broward County Judge signing an arrest warrant for his arrest.
Finding a Defense Attorney in Tallahassee, Florida
Navigating the legal landscape can be both confusing and intimidating. With various types of criminal proceedings, it is not uncommon for those who have been released from bail or bond to confuse important dates or miss a test. However, this can come with serious consequences. Such as the example case listed above, any person who violates their terms of bail or prerelease could end up being arrested and taken back to jail.
If you or a loved one have been arrested for a criminal offense, the first step should be reaching out to a skilled defense attorney in your area. The Tallahassee criminal defense lawyers at Pumphrey Law Firm have years of experience representing clients across Florida. Don Pumphrey and his team vow to protect your rights and build a strong defense for your case. Contact Pumphrey Law Firm today at (850) 681-7777 or leave an online message on our website.
Written by Karissa Key