Miami, FL Conditions of Pretrial Release Attorney

Skilled Lawyer Helping Clients Get Released Before Criminal Trials in Miami, Florida

The Eighth Amendment to the United States Constitution prohibits excessive bail, excessive fines, and cruel and unusual punishments. Florida Rule of Criminal Procedure § 3.131 similarly states that every person charged with a crime or a violation of a municipal or county ordinance is entitled to pretrial release on reasonable conditions. However, this does not apply if the person is charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident, or the presumption is great.

The same Rule of Criminal Procedure prohibits an alleged offender from making contact of any type with an alleged victim and requires them to comply with all conditions of pretrial release. Judges in Florida have discretion in setting bond amounts, as well as pretrial release conditions. This is why it's critical for any person accused of a criminal offense to have experienced legal representation.

Are you trying to get a pretrial release, or have you been accused of violating your pretrial release? Contact The Hoffman Firm as soon as possible. Attorney Evan Hoffman has extensive legal experience, and he is dedicated to providing fierce counsel at all stages of a criminal case.

We will help you understand the legal processes and your options. Call us at 305-249-0090 or contact us online today.

Pretrial Release Eligibility in Florida

Most counties in Florida have their own programs and pretrial release processes. In Miami-Dade County, pretrial release can include courts performing Release Own Recognizance (ROR) bonds, jails utilizing Promises to Appear (PTA) releases, and police departments issuing citation releases. Miami-Dade County also has a local Pretrial Services (PTS) agency that releases people free of charge before their trial in exchange for a promise to appear in court.

Most pretrial release programs in Florida must abide by certain statewide regulations. Under Florida Statute § 907.041(3)(a), a person who has not been charged with a violent crime or another dangerous crime as defined under Florida Statute § 907.041(4) must be released on bail if a bond will be necessary to make sure the person appears for a trial or other proceedings. Bail may also be imposed to help protect against risk that a person could cause harm to someone else or to protect the integrity of the legal process.

Florida Statute § 907.041(3)(b) establishes that a person cannot be released without bail unless the court reviews issues such as:

• The person's circumstances, including issues related to their character and mental condition, their family, their employment and financial resources, and how long they have resided in the community
• Any previous criminal convictions, court appearances, failure to appear in court when required, or fleeing to avoid criminal prosecution
• Other facts that may help the court determine whether a person does not have the financial resources to pay bail and whether they should be released on supervision

Under Florida Statute § 907.041(4)(b), any person charged with a dangerous crime will not be granted nonmonetary pretrial release at their first appearance (advisory) hearing. However, if the facts and circumstances warrant such a release, the court retains the discretion to release the alleged offender on an electronic monitoring or a recognizance bond.

Conditions of Pretrial Release Violations in Miami-Dade County

Florida Statute § 903.047(1) establishes that a person is required to comply with numerous conditions of pretrial release, whether they were released on a bail bond or on their own recognizance.

In addition to complying with all conditions of pretrial release, an alleged offender is expected to refrain from all of the following:

• Engaging in any type of criminal activity
• Initiating contact with the victim in any way, if the court issues a no-contact order
• Communicating with an alleged victim in any way, including verbally, in writing, over the telephone, or through electronic messages
• Engaging in violence or physical contact with the alleged victim
• Going within 500 feet of the alleged victim's residence, even if the defendant shares a residence with the alleged victim
• Going within 500 feet of the alleged victim's vehicle, workplace, or other specified locations where the alleged victim may be present

A violation of any of the conditions listed above could lead to possible revocation of the alleged offender's pretrial release. Florida Statute § 903.047(1) also establishes that a court can, on its own motion, revoke a person's release and order them to be taken into detention if there is probable cause to believe that the defendant has committed another crime after being released.

Contact Our Miami Pretrial Release Lawyer

If you are hoping to get a pretrial release or were accused of violating your pretrial release in Miami, it is in your best interest to quickly retain legal counsel. The Hoffman Firm provides top-quality legal representation, and we will be committed to helping you. Our attorney will work to get you or your loved one released as quickly as possible. To schedule a free consultation, call us at 305-249-0090 or contact us online.