When you are arrested in Miami or Broward, you may be required to post a bond in order to be released from custody. A bond is sum of money that must be paid to the court in order to assure the court that if released from jail, you will appear in court.
The primary purpose of a bond is to ensure that the accused comes to court when ordered. Secondary purposes may be to ensure the safety of the community, if the judge believes that the accused is dangerous. But always, and this is stated in the law: the main purpose of a bond to guarantee the presence of the accused.
Misdemeanors have smaller bond amounts than felonies. For many misdemeanors, you may not even be required to post a bond. You might be released on recognizance, or ROR'd, which means that the Judge will let you go without paying any money to a bondsman because they trust that you will go to court. You may also be issued a written Promise to Appear by your arresting officer, which is legally an arrest, but it doesn't require that you are taken into custody.
For all other misdemeanor situations, you may be required to post a bond. This means that you or your family must contact a bail bondsman. A bail bondsman will charge you or your family a premium, or a price for their services. This is typically 10% of the bond amount. So for example, if your bond is $5,000, a bondsman will charge you $500 to issue the bond. They may require collateral, such as the deed to your home, to ensure that they recoup the remainder should you fail to appear in court.
As a
Miami criminal attorney, and a Broward criminal attorney, who deals with bonds on a regular basis, I am often asked, "How much is my bond?"
Here is a basic breakdown of bond amounts:
For
DUIs, bonds are typically $1,500.00. For misdemeanor
domestic violence crimes, they are usually $1,500 as well. Additionally, domestic violence charges may carry added bond conditions such as stay-away orders.
For third-degree felonies, such as
grand theft, the standard bond amount is $5,000.
For second-degree felonies, such as
burglary of an unoccupied dwelling, the standard bond is $7,500. Some second-degree felonies, such as
aggravated battery, the bond can be as high as $12,500, or more, depending on the facts of the case and the priors of the accused.
For first-degree felonies, the bond amount can vary depending on the crime. For theft crimes or property crimes, the bond could be in the range of $10,000 - $12,500. For violent offenses, the bond can be much higher.
For some first-degree felonies punishable by life and life felonies, the accused may not be entitled to a bond. A bond may be granted around 45 days after the accused is arrested by way of an Arthur Hearing. This is a specialized court hearing whereby the State Attorney must prove with a high degree of certainty that the accused committed the crime for which they are charge. The accused's
defense attorney will work to demonstrate the weaknesses in the State's case, as well as the fact that the accused is not a danger to community. If the defense attorney prevails, the accused will receive a bond.
These amounts are standard bonds. For many trafficking offenses, the Court may impose a high bond, as well as a requirement that the accused person show where the bond money is coming from. This is called a Nebbia requirement, and it means that the accused must show bank account records, affidavits, or other documents demonstrating that the money used to post the bond is not coming from drug-dealing proceeds. A good
criminal defense attorney can help put this together.
As you can see, getting a bond in criminal court in Miami or Broward is not always an easy endeavor. For more serious crimes, it takes the work of a defense lawyer. If you have any questions about bonds, whether for misdemeanors or serious felonies,
contact me today. I practice criminal defense exclusively in Miami and Broward.