Posting a bond seems simple enough. However, the difficulty becomes when the person seeking to post the bond doesn’t have the 10% premium required by a bondsman or doesn’t have a property that can be used as collateral to secure their loved one’s release.
Usually, a recently arrested person will call a family member or friend to post their bond. But many bondsmen are unethical and take advantage of first-time offenders caught up in the criminal justice system. Your best course of action is to contact an experienced Miami criminal defense attorney at the Kirlew Law Firm that can walk you through the process and ensure you or your loved one is released quickly and in the most economical fashion. We are here to help you post bail and represent your case.
Sometimes, depending on the offense, the accused’s prior record, and their ties to the community, posting a monetary bond is unnecessary. An experienced lawyer knows which offenses and under which circumstances that they can secure a client’s release without posting a 10% premium or any money at all.
Generally speaking, a client does not have to use a bondsman at all. Bondsmen charge a 10% premium to post a bond. So if a person is charged with a felony and the first appearance judge sets a $10,000.00 bond, the accused will have to pay a nonrefundable fee of $1,000.00 to a bondsman to be released from jail. If the client or their family have access to credit or enough money to post the bond entirely with the clerk, that is advised as opposed to using a bondsman because the client will be refunded the entire amount of the bond posted once the case is closed and/or dismissed (minus court fees if applicable). Also, as mentioned above, there are alternative forms of release in which a client might not need to post a monetary bond at all. It’s best to consult with an experienced attorney so they can advise you on whether to use a bondsman or seek an alternative form of release.
In state court, eligibility for a bond is determined based upon the bond schedule set by the Chief Judge of that Circuit. In Miami-Dade, the bond schedule is more liberal and affordable than the bond schedule in Broward. Palm Beach tends to be more in line with Miami-Dade than Broward. But that distinction is not always true for every offense. Generally speaking, non-violent offenses are always eligible for a bond. Even violent offenses are usually eligible for a bond provided it’s not a first-degree felony punishable by life (PBL), including, but not limited to, murder, armed robbery, sexual battery on a person under 12 or an incapacitated person, armed burglary, burglary with assault or battery. Misdemeanors are always eligible for a bond.
The accused is entitled to a detention hearing in federal court, usually before a federal magistrate, where the government has the burden to prove that one of the previous six circumstances are applicable and the accused is not entitled to pre-trial release. The accused is entitled to representation at such a hearing and it is critical that an experienced criminal defense attorney represent the accused at this critical stage. Even one day in jail is too much and it’s important to be properly represented.
The state court equivalent of a detention hearing is a bond hearing or first appearance. The accused will go before a judge within 24 hours of arrest to determine their bond eligibility. At that bond hearing, an experienced criminal defense attorney can argue for the Court to release the accused on a non-monetary form of a release such as pre-trial services, alternative custody release, or house arrest. It’s also at the bond hearing where your lawyer can argue against a monetary bond on offenses that are not readily provable by the allegations contained in the arrest affidavit. This is often referred to as a probable cause hearing. Experience matters, and you want a quality and experienced Miami criminal defense attorney at your side during a bond hearing.
If charged with a non-bondable offense on the state level, the accused’s attorney will file a motion for pre-trial release. The judge assigned to the case (division judge) will set a bond hearing, also called an Arthur hearing, where the prosecution will have the burden of proof to establish that there is proof evident. The presumption is great that the accused committed the crimes alleged in the charging document. If the request for a bond is made before formal charges are made, then the hearing is called an adversarial preliminary hearing (APH), and the accused is entitled to fully confront all the witnesses and evidence against him before the division judge.
If you need help posting bail or a bond for a loved one, or have any other questions regarding bail, bond, or bondsmen, contact the Kirlew Law Firm.
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.
