There are several circumstances where an individual can find himself or herself in jail without a bond. In several of the categories below you will find that there are avenues available to try and obtain a bond. Attorney Benjamin Fernandez is an experienced miami criminal defense attorney that will take the necessary steps and file the necessary motions to ensure everything is done to obtain a bond.
Capital offense or an offense punishable by life imprisonment.
If you are charged with a capital offense, or an offense punishable by life imprisonment, you will be held without a bond after your first appearance or bond hearing, unless the judge fails to find probable cause for the crime alleged. In order to obtain a bond you must request and present argument at an “Arthur Hearing.” At the Arthur Hearing the judge will listen to testimony, read affidavits, etc., in order to determine if the State of Florida has met its burden of establishing that the proof of guilt is evident or the presumption is great. The second stage of the hearing is where the judge determines whether the accused individual is such a danger to the community that no pretrial release measures would be adequate.
Proof evident, presumption great is a very high burden of proof for the prosecution to satisfy. During an Arthur Hearing (which takes place before a judge), the prosecution must either present live witness testimony or sworn witness affidavits (hearsay is admissible) proving that the accused committed the crime for which he or she is charged.
Some examples of non-bondable offenses include:
1) Armed Kidnapping
2) Armed Robbery
3) 1st or 2nd Degree Murder
4) Burglary with an Assault or Battery
5) Armed Sexual Battery
6) Armed Burglary
7) Armed Trafficking
8) Lewd or Lascivious Battery on a Child Under 12
If you are charged with a non-bondable offense contact the Law Office of Benjamin Fernandez for a free consultation. Mr. Fernandez has been very successful in obtaining a bond in cases where the client is charged with a non-bondable offense.
If you are arrested while out on bond for a different charge you will be held without a bond until the court orders your release, an agreement is reached with the State of Florida, or your prior arrest is closed. Contact Mr. Fernandez to review your case. There are several steps that can be taken to try and obtain a bond. For example, if the acts that led to your arrest took place before you were arrested the 1st time you may be eligible for a bond.
Domestic Violence Hold
Defendants charged with domestic violence offenses are also unable to bond out immediately. According to Florida law, they are required to appear before a judge prior to leaving custody. They should be represented at this hearing by a criminal defense attorney.
In Florida, if the criminal charges pertain to a fraud or drug case the Court can add a condition on the bond known as a Nebbia Hold, or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond to produce and disclose the source of bail premium and collateral prior to the defendant’s release on bail. They must show that the source of the bail premium and collateral are from a legitimate source and were not acquired through illegal activities such as drug trafficking, money laundering, theft or fraud. An experienced criminal defense attorney can quickly schedule the Bail Source Hearing, and file a Nebbia Proffer and present evidence, including documents and testimony, to show the court that the source of the funds is legitimate. Once the court is satisfied that the funds being used to post the bond are from legitimate sources, the Court can lift the Nebbia hold so that the defendant can bond out of jail.
An immigration hold may be placed upon a jailed individual in Florida by the Immigration and Naturalization Services because of their status as an illegal resident. If there is an immigration hold, a criminal defense attorney with experience in immigration matters may be able to arrange an additional bail bond amount for the hold to be removed. If not, the defendant may be extradited to an immigration holding facility.