Cuba protesters in Tampa held without bail because of 'anti-riot' law, records show
Source: Tampa Bay Times
The two men face charges including unlawful assembly, which prompted authorities to hold them in jail until their first court appearance.
Two men arrested in Tampa during Tuesday’s protests against the Cuban government appear to be among the first Tampa Bay defendants held under Florida’s divisive new “anti-riot” law.
Julian Rodriguez-Rodriguez, 30, of Tampa and Maikel Vasquez-Pico, 39, of Riverview, were arrested by Tampa police on charges of battery on a law enforcement officer, resisting law enforcement and taking part in an unlawful assembly that blocked streets or sidewalks, records show.
Until a few months ago, Rodriguez-Rodriguez and Vasquez-Pico would have been able to post bail immediately according a pre-set bond schedule. But jail records show that both men were being held Wednesday until their first appearance in court because of HB 1, the bill passed by the Republican-led Legislature and championed by Gov. Ron DeSantis, who signed it into law in April.
Among its many provisions, the law states that anyone arrested on unlawful assembly charges must be held without bail until a first appearance in court, when a judge decides what, if any, bail amount should be set. The law added several other charges to the list of offenses, such as rioting and mob intimidation, that require defendants be held until they first appear before a judge.
Read more: https://www.tampabay.com/news/hillsborough/2021/07/14/cuba-protesters-in-tampa-held-without-bail-because-of-anti-riot-law-records-show/
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Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/ (About this soundlisten); Medieval Latin, literally means "you shall have the body", and in context it means "[we, a Court, command] that you have the body [of the detainee brought before us]."
[1] is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.[2]
The writ of habeas corpus is known as the "great and efficacious writ in all manner of illegal confinement".[3] It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus.[4] For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ("protection of freedom" .
Habeas corpus has certain limitations. Though a writ of right, it is not a writ of course.[clarification needed][a] It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then habeas corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently suspended under the pretext of a war or state of emergency, for example by Abraham Lincoln during the American Civil War.
https://en.wikipedia.org/wiki/Habeas_corpus
