Case Caption: Faustin v. People of the Virgin Islands Case Number: SCT-Crim-2022-0107Date: 06/04/2024Author: Swan, Ive Arlington Citation: 2024 VI 23Summary: Concerning the appellant’s request that the November 21, 2021 order of the Superior Court of the Virgin Islands revoking the appellant’s pretrial release conditions and remanding him into the custody of the Virgin Islands Bureau of Corrections be reversed, and his further requests that this Court order his immediate release from custody and direct the Superior Court to consider and rule on his April 27, 2022 third motion to modify release conditions, the Superior Court failed to adequately consider less severe penalties that would have met the purposes of Rule 5-1 of the Virgin Islands Rules of Criminal Procedure regarding conditions of release. Courts in the Virgin Islands must adhere to Rule 5-1 by carefully crafting specific bail conditions according to the facts of each case that constitute the least restrictive means of ensuring community safety, a defendant’s court appearances, and the integrity of the judicial process. As a result, the Superior Court abused its discretion when it revoked appellant’s pretrial release conditions, remanded him to the Bureau of Corrections indefinitely while awaiting trial, and denied his third motion seeking modification of bail conditions. The Superior Court’s November 21, 2021 order is vacated and the matter is remanded to that court with instructions to have the appellant released from custody upon a revised set of pretrial release conditions.Attachment: Open Document or Opinion