Bail Bonds Attorney in Miami to Reduce Bond
If you or a loved one has been arrested in Miami, a criminal defense attorney can assess eligibility for release and seek a bond reduction when appropriate. Florida generally provides a right to pretrial release on reasonable conditions, subject to exceptions. A statewide bond schedule governs release before first appearance in eligible cases, with local schedules subject to state requirements. Many charges and circumstances require a judge to decide whether release is allowed. If a monetary bond is beyond your means, your lawyer can ask the court to reconsider the amount.
How Bail Bonds Work in Miami
Once the judge determines the bail amount, it can be posted in one of two ways. You can post the full amount as a cash bond or use the services of a bail bonds agency. If you use a bail bonds agency, you will pay the bondsman 10% of the entire value of the bond. This is known as a premium and is the bondsman’s fee for posting the bond on your behalf.
After a domestic violence arrest in Miami, discuss both release from jail and any stay-away order with your lawyer.
Different release rules apply when someone is arrested for an alleged probation violation. Release may be discretionary or restricted, depending on the case.
Bail and Release in Federal Court
Bail bonds and pretrial release in federal court differ in several respects. In federal cases, the issue is often decided at a federal detention hearing, where the court determines whether the defendant should be released, released with conditions, or detained while the case is pending. Surprisingly, it is not uncommon in a federal criminal case for the defendant to be released on a “personal surety bond.” A “personal surety bond” is usually signed by the defendant and a relative and does not require the posting of any funds, although it has a specified dollar amount. The person signing it is liable for the specified bond amount if the defendant fails to appear in court as directed.
First Appearance and Probable Cause
If you remain in jail after arrest, you generally must be brought before a judge within 24 hours for first appearance. Following a warrantless arrest, a judge generally must determine probable cause within 48 hours, subject to limited extensions. A lack of probable cause at first appearance does not always mean immediate release; the State may have time to supply additional evidence. If probable cause remains unestablished within the time allowed, release is required on that charge, subject to the rule’s procedures. Depending on whether formal charges have been filed, this may include release on recognizance, or ROR. A finding of probable cause does not automatically entitle you to bond. The court must also apply the rules governing pretrial release and detention.
What Judges Consider When Setting Bail
When deciding whether to grant release and what conditions to impose, the court must consider the factors in Florida Statute § 903.046. These include:
- the nature and the circumstances of the offense charged and the penalty provided by law;
- the weight of the evidence against the defendant;
- the defendant’s family ties, length of residence in the community, employment history, financial resources, and mental condition;
- the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings;
- the nature and probability of danger that the defendant’s release poses to the community;
- the source of the funds used to post bail;
- whether the defendant is already released pending resolution of another criminal proceeding or on any probation, parole, or other release pending completion of a sentence;
- the nature and probability of intimidation and danger to victims;
- any other facts that the court considers relevant.
Seeking a Bond Reduction
When several charges carry separate bond amounts, the total can be difficult for a family to afford. A defense attorney can review whether each charge is supported and seek appropriate release conditions at the first appearance and bond hearing. If you remain in custody, your lawyer can also seek a later bond reduction. The court’s decision depends on the facts and the rules governing release.
When Can Bail Be Denied?
Some charges are commonly called “non-bondable,” but whether a person can obtain release depends on the charge, the evidence, and the rules governing detention. For a capital offense or an offense punishable by life imprisonment, the Florida Constitution permits denial of bail when the proof of guilt is evident or the presumption is great. Florida law also allows—and in some cases requires—pretrial detention when the grounds in Florida Statute § 907.041 are met. A lawyer must assess both eligibility for release and whether proposed conditions can address the court’s concerns.
Speak With a Miami Bond Reduction Attorney
If you or a loved one has been arrested and needs assistance in obtaining a bail reduction or reasonable bond, CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
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