In some cases there can be a no Bail/Bond hold which means the court would not allow a person to leave jail or remain incarcerated. This generally happens in a violation of probation or community control, picking up a new charge while out on Bail/Bond for a current charge, or a capital felony punishable by life Imprisonment. However, A person can be release thru an “Arthur” hearing which is a mini Judge trial.
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A Bail Hearing is not a period of time to argue the merits of the case. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so.
The 2 factors the judge considers before setting bail. Any bail argument by the defense attorney must address both parts:
1. Is the defendant a danger to the community?
2. What is the likelihood the defendant will flee?
In order to get bail reduced the defense attorney should do the following:
1. Demonstrate the defendant is not a danger to the community
2. Demonstrate the defendant presents no likelihood to flee. The defense
attorney can present this in various ways and must demonstrate the alleged
crime is not one that the defendant would do again:
-Stable employment history
-Memberships in religious or civic organizations
-Surrendering the defendant’s passport
-Agree to electronic monitoring
-Local family ties
There exists several bail release options. These may include:
1. Surety Bond (most common): The bail agent guarantees to the court that they
are responsible for the bond if the defendant fails to appear.
2. Release on Own Recognizance (get out of jail free card): If the judge is
convinced the defendant is not a risk, he may release the defendant (“O.R.”).
3. Cash Bail: The defendant is responsible for paying the entire amount of bail to
be released. The defendant will receive his bail back at the completion of all
4. Bail Bondsman. Broward County Generally charges 10% of the full bond. Amount plus some sort of collateral for security.
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