Florida Criminal Law: Bond Hearings / Bail Bonds
MIAMI BOND HEARINGS/SETTING BAIL
Each Miami criminal lawyer at DMT excels in representing clients at bond hearings. In most cases, anyone arrested and charged with a crime in the Miami or South Florida area is entitled to a bond. The United States and State of Florida Constitutions give everyone the right to bail or a bond unless you are charged with a capital crime (i.e., offenses that carry a penalty of life in prison or death). If you are arrested, you will be brought before a bond hearing judge within 24 hours. All criminal offenses carry standard bonds. Each criminal lawyer at DMT has years of experience in reducing bonds or convincing bond hearing judges to release our clients to pre-trial services (no monetary bond needs to be posted).
The Bond Hearing Process in Florida
An attorney from DMT will appear at the bond hearing on your behalf and request that the judge lower your bond. In determining the bond amount, the bond hearing judge will consider the nature of the offense, the amount of evidence, your ties to the community (i.e., length of time residing in the area, whether or not you have family ties to the area, employment history and financial resources). The bond hearing judge will also consider your past criminal history, your past missed court dates and any previous flights from prosecution. An individual may also be required to surrender travel documents, such as passports.
Understanding Florida Bail Bonds
Most bonds require posting a monetary amount whether you are in state, federal or juvenile court. The amount of the bond depends on the nature and number of criminal charges. Other bonds require individuals to personally sign for the client and sometimes put up property to guarantee to the judge that the person charged will appear at all scheduled court hearings. Depending on where you reside, a Miami bail bondsman may require that you provide collateral (i.e., additional money or property) in addition to the premium you pay on the bond. Bondsman usually require that persons posting the bail pay 10% of the amount of the bond. You can post the bond yourself to the clerk of the court, however, keep in mind that you have to pay the entire amount of the bond.
Some offenses require individuals to fulfill a Nebbia requirement. Certain offenses, such as cocaine or marijuana trafficking and fraud, require the individual posting the bond to prove that the money used to post bail was obtained legally and that the money does not come from the alleged criminal offense or criminal enterprise. DMT has years of experience in proving to the court and prosecutor that the money used to post bail meets the aforementioned standards.
If you are charged with a crime punishable by life in prison or death, you will most likely not receive a bond at the initial bond hearing. The law in the State of Florida allows you to request an Arthur Hearing before the judge who is presiding over your case. In Miami, it usually takes two to three weeks before a criminal defense attorney can schedule the hearing before the court. Depending on the severity of charges, a person's criminal background and a person's ties to the community, an individual can still receive a bond on a non-bondable offense. The criminal defense team at DMT have achieved great success in obtaining bonds for our clients who are initially refused a bond.
Contact a Criminal Defense Lawyer in Miami Today
To speak with a skilled Miami or South Florida criminal lawyer at DMT about your bond status, or if you have questions regarding your bond status that need to be answered, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or contact us online.