Immediately after getting arrested, almost everyone unanimously thinks about when they are to get out of jail. For an accused and their family, being in jail can feel like an eternity. However, time will not stop for the accused or the family. There are plenty of reasons why pretrial release should be immediate, among them the Constitution and the need for the State to prove your guilty beyond a reasonable doubt before you are convicted and the everyday ramifications such as family, work and school obligations.
The majority of people arrested and charged with a crime in Miami are entitled to a bond. Given that all who are arrested and charged with a crime are innocent until proven guilty, the Federal and Florida Constitutions allow for pretrial release on reasonable conditions.
In Florida, there is a presumption in favor of release on non-monetary conditions unless the defendant is charged with a “dangerous crime” as defined by Section 907.041(4)(b), Florida Statutes. During first appearance the judge assesses what conditions will protect the community from harm and assure the accused is present at trial. The court will consider the nature and circumstances of the offense, the weight of the evidence against he defendant, ties to the community and the defendant’s past and present conduct to name a few.
Even though most people that have been arrested will receive some kind of monetary bond, there is an exception if they are charged with a life or capital felony (armed burglary, armed robbery with a firearm, murder) that carries a sentence of life in prison or death.
If you are held without bond resulting from your first appearance hearing (which you are supposed to have within 24 hours of being arrested) given the nature of the charges against you, then a criminal defense lawyer should schedule an Arthur Hearing as soon as possible.
At an Arthur Hearing, the State must prove its case and meet an extremely high burden. In an Arthur Hearing, the State must prove its case under the standard “proof evident, presumption great.” In criminal law, “proof-evident, presumption great,” is the highest standard, even higher than the burden the State bears at trial, “beyond a reasonable doubt.”
Even if the Arthur standard is met, the judge may still decide, at its discretion, to set a bond and allow other forms of release if the defendant appears likely to show up for court in order to answer to the charges.
Some charges, such as marijuana or cocaine trafficking, and fraud offenses are likely to have a Nebbia requirement. This requires that the Defendant show the court and the prosecution that the money being used to post bond is from a legitimate source, was obtained legally and did not come from the alleged criminal misconduct, offense or enterprise.
Getting arrested, no matter how much time you spend in jail or the nature of the charges against you, is a serious matter. That is why it is imperative to seek the help of a Miami criminal defense attorney that will ensure your rights are protected from beginning of the process and that is usually at a bond hearing.
Led by attorney Daniel Izquierdo, the Izquierdo Law Firm will work tirelessly to ensure that your rights are protected. I understand that any person charged with a crime is innocent until they are proven guilty. Izquierdo Law Firm will seek justice in your case and do so in a Personalized, Compassionate and Aggressive manner.
No matter how severe the charge may be, the consequences that may result are serious–both in the short term and long term. Izquierdo Law Firm, a Miami Criminal Defense Law Firm, understands the stress that this can cause a person and their loved ones.