By JUDGE LAYNE SMITH
Q. Judge Smith, a few years ago, the State of Florida charged my cousin with murder. He was jailed from the date of his arrest through his trial, two years later, when the jury convicted him. What happened to his pretrial presumption of innocence? – Jacqui
A. Although I don’t know the details of your cousin’s case, I can explain why some defendants are held in custody before trial despite their presumption of innocence.
Courts usually don’t confine defendants before their trials. More often, courts impose less restrictive means than jail. For example, in battery cases, courts often order defendants not to have any pretrial contact with their victims.
