of liberty, which will likely last up to the date of trial. An Arthur hearing under Florida law and the Florida Constitution demands more than mere “probable cause” before pretrial detention may be ordered. Because the State can rely on affidavits, cross examination is not available to point out inconsistencies in statements. The right to counsel at a pretrial detention hearing contained in Florida Rule of Criminal Procedure 3.130(c) may not be meaningful in a complex case if counsel can be prevented from presenting argument as to why the State’s evidence is insufficient. Legal argument permits counsel to point out appli cable law and conflicts in the evidence prior to the judge making a ruling. See Herring v. New York, 422 U.S. 853, 857-58, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975) (<HOLDING>). In three pages of legal analysis and
holding that statute which permitted judge to deny defense closing in bench trial violated right to counsel and emphasizing the importance of argument by counsel in the factfinding process holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument holding that patients constitutional due process rights were violated when his trial counsel was not allowed to present a closing argument prior to involuntary commitment holding statute permitting judge to deny counsel opportunity for closing argument violated criminal defendants constitutional rightto counsel holding that a new york statute allowing judges in a criminal bench trial to deny counsel the opportunity to make a closing argument deprived defendant of his sixth amendment right to the assistance of counsel