Bail Bonds Attorney in Miami, Bondsman, and Bail Reduction
If you have been arrested in Miami, Fort Lauderdale, or other cities in Florida, you generally have the right to a reasonable bail bond pursuant to the Florida and U.S. constitutions. Most counties have what is called a standard bond schedule which allows somebody who has been arrested to “bond out ” before they even see a judge. This bail bond can be posted in one of two ways. You can post the entire amount in which case it is called a cash bond, or you can 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. Bail bonds in federal court differ in several respects. 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 specififed dollar amount). The person(s) signing it are liable for the specified bond amount if the defendant fails to appear in court as directed.
If you have not bonded out directly from the jail, you will be brought in front of a judge within 24 hours. At this hearing, the court has the duty to determine whether the arrest affidavit supports a finding of probable cause. If there is no finding of probable cause, the judge must order that you be released on your own recognizance. This is also known as a “ROR.” If the judge finds probable cause, he must then set a reasonable bail bond.
The judge is supposed to consider a number of factors in setting a reasonable bail bond. These can 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 which the defendant’s release poses to the community;
- the source of the funds used to post bail;
- whether the defendant is already on released pending resolution of another criminal proceeding or on any probation, parole or other release pending completion of sentence;
- the nature and probability of intimidation and danger to victims;
- any other facts that the court considers relevant.
Often times, law enforcement will artificially inflate the bond by charging a person with multiple counts of the same crime. This can result in an extremely high bond. An experienced and competent criminal defense attorney can usually reduce this type of bond at the first appearance hearing.
Although there is a right to a reasonable bond in most cases, there are certain offenses where a person can be denied bond to the severity of the offense. These types of crimes are often referred to as “non-bondable offenses” and include crimes such as murder, armed drug trafficking, and burglary with a battery.
The hiring of a Miami criminal defense lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer/client relationship.