how can i get a bond hearing in florida without a lawyer

by Nicklaus Hammes 3 min read

What happens at a bond hearing if you get arrested?

Without an attorney to advocate on your behalf, your bond may be set to an unattainable amount. Our West Palm Beach criminal defense lawyers explain what will happen at the first appearance hearing and what factors a court will consider to potentially lower your initial bond amount below.

Why do I need a lawyer for a bond hearing?

Jul 29, 2019 · In order to do so, you need to have your client fill out an application for indigency which can be found on most clerk's websites. You will turn that form into the clerks office and wait for a determination. Once the clerk finds your client indigent, you draft an affidavit, which most clerk's offices or court websites.

When can a lawyer file a motion for reduction in bond?

This all takes time, so the sooner you contact a lawyer the better, because your lawyer can schedule a bond hearing for you. And the sooner you have a lawyer, the sooner you’ll have a bond hearing. At the bond hearing, a Judge will decide whether or not to grant you a bond. In making this decision, the Judge will consider two main things: (1 ...

What happens if the prosecutor agrees to a reduced bond?

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How do I get a bond reduction hearing in Florida?

The judge looks at the following factors when deciding whether or not a bond should be reduced:Threat of harm to the victim or society.A person's ties to the community, like if they have family in the area, a full time job, own a home, etc.Prior criminal history and/ or prior failures to appear in court (FTA)More items...

How long does it take to get a bond hearing in Florida?

Most bond hearings occur within 24 hours of an arrest.

What happens at a bond hearing in Florida?

At the bond hearing, a judge will first inform the defendant of the charges they face and will receive a copy of the complaint against him or her. The judge will advise the defendant of the right to have legal representation and the right to communicate with counsel, family and friends.

How long can you be held without bond in Florida?

Typically, when a citizen is arrested for a criminal charge, they can only be held for 30 days without being charged before they must be released. A charge is necessary for a bond hearing to take place in these scenarios, which essentially means that they can be held for 30 days without bond in Florida.Oct 9, 2021

What does not eligible for bond mean in Florida?

For These Crimes, No Bail Is Available In Florida, particular crimes are “non-bondable” offenses, meaning that the defendant will probably remain in custody until the case is concluded. Certain sex crimes, murder, and armed burglary, for example, are non-bondable charges.Mar 31, 2021

What happens when a bond is revoked?

When a bond is revoked, the defendant has lost the right to their freedom before trial. This means that they must return to jail and await their court date in custody. Bonds are often revoked for failure to appear in court, in which case an arrest warrant will be issued.

What is an Arthur hearing in Florida?

An Arthur Hearing is a bond hearing for very serious felony offenses. Usually, a person is charged with an offense punishable by life in prison. If a defendant is arrested for a “non-bondable” offense, such as murder, sexual battery or kidnapping, the law presumes that the defendant will remain in jail pending trial.

What does the M Naghten rule state?

Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that ...

What is a bond hearing in Georgia?

A bond hearing is a hearing in front of a magistrate or a judge where the judge will decide if bonds can be set for certain offenses. A bond hearing is different from an arraignment because the bond hearing is for the purpose of deciding whether the judge shall issue bond so that the person may be released.

Why would a person not have a bond?

If the Court finds that the State has met their burden of proof evident or presumption great, the Defendant may be held without a bond. Other ways a Defendant may be held without bond are when he or she is arrested for violating probation (VOP) or conditions of release while awaiting trial.Nov 19, 2014

What's the difference between bail and bond?

Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant's behalf, usually by a bail bond company, to secure his or her release. Defendants with pending warrants are usually not eligible for bail.Oct 15, 2021

Do you get bond money back in Florida?

If you put up the full amount of the bail with the court, you will get back all or part of that money when the case is over. If you pay a bail agent to post a bond, you will not get that money back.

What happens at a bond hearing?

And the sooner you have a lawyer, the sooner you’ll have a bond hearing. At the bond hearing, a Judge will decide whether or not to grant you a bond. In making this decision, the Judge will consider two main things: (1) whether or not you are a danger to the community, and (2) whether or not you are a flight risk.

What to do if you can't attend a court hearing?

And those are the people who should attend the hearing, if possible. If they can’t attend, your lawyer should try to get a letter from them. If you get arrested, contact ...

What happens if you get arrested?

If you get arrested, you will first appear before a Magistrate. Usually, the Magistrate will grant a bond and you can be released from the jail. But if the Magistrate decides to not grant bond, you will remain in the jail. And if you don’t do anything else, you will remain in jail until their trial date. Yikes!

Why is it important to hire a lawyer?

If you or a loved one has ever been arrested , you know that getting out of jail is the most important thing in the world. That’s why it’s important to hire a lawyer quickly and have the lawyer schedule a bond hearing, which is a hearing where a Judge will decide whether or not you should be released pending trial.

What is a consent bond hearing?

A Consent Bond is normally the product of very specific negotiations between the attorney for the State and the criminal defense attorney. Once retained, we can inquire with the prosecution whether this type of bond is an option or if a full Bond Reconsideration Hearing will be required to have the defendant released.

What to do if you can't meet initial bond?

If the accused cannot meet the financial requirements of the initial bond set by the Magistrate, he may file a motion to have the court reconsider the terms. Our Charleston Criminal Defense law firm normally files this motion at the same time we request the Preliminary Hearing which challenges the facts surrounding the arrest. The Magistrate who presides over Preliminary Hearing Court is normally a different Judge than the one who set the initial bond immediately following the arrest. The hearing to request a modification of bond is scheduled and held in conjunction with the Preliminary Hearing for the purpose of judicial efficiency.

What is criminal arrest?

A Criminal Arrest is unnerving. It is usually a surprise and is always poorly timed. In the midst of that panic and confusion, the Defendant’s family is often forced to make several quick decisions- decisions that could unnecessarily cost them several thousands of dollars.

What is the next step in the process of a discovery motion?

The next step in the process is your attorney’s request of any and all evidence against your loved one. This step requires the filing of a Formal Legal Motion referred to as an Edwards/Rule Five (5) or “Discovery Motion.” The State must acknowledge the filing of this Motion and respond Formally-providing every piece of evidence they possess that either implicates your loved one and even evidence they possess that serves to exonerate him or her. (Potentially prove them innocent!).

What happens if there is a trial?

If there is a Trial- then there will be an immense amount of additional preparation necessary for every aspect- The Defendant’s testimony at Trial, the coaching and practice, the Legal challenges to every piece of the State’s Evidence with the supporting current case law.

What to do if you don't hire Peter?

Please! If you don’t hire Peter, please hire an experienced Career Criminal Defense Attorney who has actually tried several cases to verdict, as a Criminal Defense Attorney. You have the right to ask any lawyer you hire- if they have tried cases to verdict as a Defense Lawyer.

What is a PR bond?

A Personal Recognizance (PR) bond allows for the release of a defendant before a trial without posting any actual money. It is a bond in which the defendant acknowledges to the court that he is indebted to the State in a particular amount to be paid if he does not appear for court when required.

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