For most people who are arrested, the immediate concern is figuring out when they will be released. Bond is supposed to be set at a reasonable amount within a certain period of time in Florida law, but certain alleged offenders can face additional difficulties.
For example, a judge may set a higher bond amount in any case in which there is a concern about an alleged offender being a possible “flight risk”—meaning an increased likelihood of that person fleeing the state or country. Alleged offenders can be ineligible for parole when accused of capital felonies or other offenses punishable by life sentences.
Attorney for Bail/Bond in Miami-Dade County, FL
Are you or your loved one trying to bond out of jail in South Florida? The Hoffman Firm can work to help you get reasonable bail as soon as possible.
Miami criminal defense lawyer Evan A. Hoffman defends clients in Opa-Locka, South Miami, Key Biscayne, Miami, Coral Gables, Hialeah, North Miami, Aventura, and many other nearby areas in and around Miami-Dade County.
You can have our attorney provide an honest and thorough evaluation of your case as soon as you call (305) 249-0090 to take advantage of a free, confidential consultation.
Overview of Bail/Bond in North Miami
- When can a person post bond after being arrested?
- What types of bond can be posted?
- How does a judge decide what to set bond at?
- Where can I find more information about bail/bond in Miami-Dade County?
When a person is arrested for an alleged criminal offense, he or she is taken to a local jail for the "booking" process. Authorities will take photographs ("mug shots") and fingerprints taken.
Certain individuals (usually those charged with non-violent offenses) can be released on their own recognizance (ROR) or after paying a small cash bond. Other alleged offenders may be held in jail until their arraignments, or initial hearings.
Arraignments must be held within 48 hours of a person's arrest, but typically occur within 24 hours. The arraignment involves a judge formally presenting an alleged offender the criminal charges against him or her, and the judge will also set bond.
If a judge sets a bond too high for an alleged offender, then he or she can request a bond reduction hearing. A person is allowed to have legal representation for his or her arraignment or bond reduction hearing.
People generally have three ways to bond out of jail in Florida:
- Cash Bond — A person pays the full amount of a bond in cash in order to be released. Miami-Dade County does not accept personal checks. At the conclusion of a case, the original cash bond receipt must be mailed or submitted to the Clerk's Office Central Bond Unit to obtain a refund within ten business days. If an alleged offender fails to appear in court, he or she forfeits the entire bond amount.
- ROR Bond — Also known as a "signature bond," a ROR bond allows for a person to be released simply by signing an agreement to guaranteeing he or she will attend all future court appearance. While people who receive ROR bonds do not pay anything in order to earn release, the bond agreement can have a cash value in certain cases that a person becomes responsible for paying if he or she fails to appear in court.
- Surety Bond — A bond posted through a licensed surety bond agent, more commonly known as a “bondsman,” is also known as a surety bond. The bonding company or bondsman charges a non-refundable fee for posting the bond (usually ten percent of the total bond amount), but the bonding company or bondsman is the party liable for the entire bond amount if the alleged offender does not appear in court.
Judges in Florida will consider a number of factors when making bond decisions. In general, some of the types of issues that commonly play significant roles in determining bond amounts include the nature of the alleged criminal offense—including circumstances leading up to or surrounding the arrest and the number and evidence against the alleged offender—as well as the alleged offender's:
- ties to the community, including his or her current residence, current employment and employment history, and family members in the area;
- mental condition;
- criminal history, including whether he or she has previously failed to appear in court or is on probation, parole, or another release pending resolution of a separate criminal charge; and
- likelihood to commit another crime or the danger he or she would pose to the community and any alleged victim.
In certain cases in which a judge believes that the funds being used to pay a bond were acquired through illegal activities (such as drug dealing, fraud, theft, forgery, stolen property, or other criminal acts) that in turn reduce an alleged offender's financial incentive to return to court, a Nebbia Hold could be added as a condition of the bond.
A Nebbia Hold requires an alleged offender or any bond co-signers to disclose copies of accounting documents, income statements, bank records, or other material that proves the money being used for bail came from legitimate sources.
Nebbia Holds can be lifted in one of two ways. A joint stipulation order can be filed only when a prosecutor agrees to have the hold lifted without a hearing. A Nebbia hearing or bail source hearing can also allow a person to prove that the source(s) of the bond are legitimate.
Miami Dade Clerk of Courts — Visit the Clerk of Courts website to make criminal justice payments, parking citation payments, and traffic citation payments. Acceptable methods of payment include cash (only in person), cashier check or money order (payable to Clerk of Courts), and Visa, MasterCard, or American Express. Personal checks are not accepted.
Miami-Dade County Clerk's Office
Criminal Court Office
1351 NW 12th St.
Miami, FL 33125
Eleventh Judicial Circuit of Florida — Find additional information about Circuit and County Judges on this website serving Miami-Dade County. The Eleventh Judicial Circuit of Florida is the largest in the state and the fourth largest trial court in the nation. Learn more about court structure and court locations.
Eleventh Judicial Circuit Court of Florida
175 NW 1st Ave.
Miami, FL 33128
Find a Bail/Bond Hearing Lawyer in Miami, FL
If you or your loved one was arrested and needs help bonding out of jail in Miami-Dade County, it is in your best interest to quickly retain legal counsel. The Hoffman Firm represents individuals in communities all over South Florida, including Key Biscayne, Miami Beach, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, and several other surrounding areas.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who will fight to help you achieve the most desirable solution to your case. Call (305) 249-0090 or complete an online contact form to have our lawyer review your case and answer all of your legal questions during a free initial consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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