In both felony and misdemeanor cases where an accused person is taken to jail, Florida law mandates that the accused go before a judge within 24 hours of arrest.
At the first appearance, the judge will address the issue of
bond. For most non-domestic violence, non-DUI misdemeanors, the bond amount will be between $500 and $1,500. If the accused has no prior criminal history and a local address, the accused may be allowed to be released on recognizance (ROR). In such case, the accused does not need to post a monetary bond.
Other forms of non-monetary release (pretrial release without having to post bond) include Pretrial Services (PTS). In such case, the accused person will be released without having to spend money, but they will have to report weekly to the Pretrial Services program. If the accused does not follow the instructions of his or her Pretrial Services officer, they can be taken back into custody.
Some - and I stress the word some - felonies can be ROR'd or referred to Pretrial Services. Non-violent, first-time felony offenders may be ROR'd for such charges as
grand theft and possession of
cocaine (just an example of some non-violent third-degree felonies). Some accused felony offenders may get Pretrial Services for other charges, such as
possession with intent to sell cocaine.
Most other felony charges carry monetary bond amounts. For a third-degree felony, the standard bond amount is $5,000.00. For second-degree felonies, the standard bond amount can vary between $7,500 and $12,500 (for violent second-degree felonies such as strongarm
robbery and
aggravated battery). For first-degree felonies, bonds can be $10,000 and up.
Bonds in drug trafficking cases almost always require the submission of a Nebbia affidavit, in which the payor of the bond money swears that the funds used for the bond premium are not the result of drug sales or criminal activity.
Some charges are non-bondable offenses. These charges include
murder, armed robbery with a firearm,
armed burglary, burglary with an assault and battery, armed
carjacking, and
kidnapping (just to name a few).
In the case of non-bondable offenses, a
criminal defense attorney will set an
Arthur Hearing, whereby the State Attorney's Office must show the judge proof of guilt, and that the evidence against the accused is strong. If the judge does not find that the State has met its burden, the accused will be released from jail pending trial.
If the judge finds that the evidence is sufficient, the judge must then decide what bond conditions (if any) should be imposed. The main factor that the judge will consider is whether the accused is a danger to the community.
Many times, a person is arrested and goes before the judge before they even have the chance to call their families. In this case, they may not be represented by private counsel at the hearing, and instead, may qualify for the public defender until a private attorney is hired.
If you go to bond hearing without representation, do not say a word. Anything you say can and will be used against you. Besides, all bond hearings are recorded on video.
If you have a criminal attorney present at your bond hearing, your attorney will make argument to the judge as to why you should be released under the lightest bond conditions possible. This may mean an ROR, Pretrial Services, or a reasonable bond amount (if ineligible for ROR or Pretrial Services). If the offense is non-bondable, the attorney will not be able to get a bond at the hearing unless he or she can argue that there is no probable cause for the charge. If the judge finds no probable cause, the judge will ROR the accused on the charge. The judge may also reset the case up to 24 hours for a probable cause hearing (PC hearing). In that case, the prosecutor will bring in the arresting officer(s) to answer questions about the arrest.
I practice criminal defense in the Miami-Dade and Broward areas. I handle all types of bond matters, from misdemeanors to non-bondable felonies.
If you have a loved one who has recently been arrested and needs representation at the bond hearing,
call me.