Right to Bond after Arrest and Bond Hearings
Once you have been arrested you will be entitled to an automatic bond in most cases pursuant to a local bond schedule. Some crimes have no standard bond so you will need to have a bond hearing to get a bond. After your arrest you will be able to bond out of jail immediately if you can afford the standard bond, or you may get your bond lowered at your first appearance hearing that must take place within 24 hours of your arrest. If you are still in jail after your initial appearance you will need a criminal defense attorney to get you a bond or get your bond amount lowered.
If you are being held without bond or you can’t afford the standard bond, you will need a bond hearing to get released. If you have a high bond, a lawyer can file a motion to lower your bond with your trial judge. At that time you must show that you are not a flight risk and that you have good ties to the community. The law favors release of defendants while they are awaiting trial. Considering the presumption of innocence in all criminal cases, the courts will try to set a bond that you can make. If, however, you are charged with a non-bondable offense, you will have to have your lawyer set a bond hearing for you called an Arthur hearing for all non-bondable offenses.
You may not be eligible for an automatic bond if you are on some type of legal restraint when you are arrested. This could be because you are on probation from another case or you were out on bond when you were arrested. Even if your case has a standard bond, you will be held with no bond because of your legal restraint. Occasionally the jail records will not pick up on your legal restraint and you may be released even if you are not entitled to be, depending on where you are arrested. The prosecutor in those cases may try to revoke your bond. Bond can be set in a number of different fashions, the most common form of bond is under the standard schedule or the court sets an amount that must be paid. If you are charged with a serious crime or you are under some legal restraint when arrested, you will need a criminal defense attorney to help you get a bond.
If you have been charged with violating Florida laws, contact Law Offices of Yale Galanter, a Miami Criminal defense attorney with over 30 years of experience. Law Offices of Yale Galanter has helped countless clients avoid jail time, lessen their charges, or even have their charges dropped entirely. The Law Offices of Yale Galanter are experienced in:
Commentary by Miami Criminal Defense Lawyer Yale Galanter:
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
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