Bail In Criminal Procedure In Miami-Dade

Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

Description

The Bail Bond Agreement outlines the responsibilities and obligations of the Applicant who seeks to secure a bail bond for a Defendant in Miami-Dade. This form is crucial for facilitating the temporary release of an individual from custody while ensuring that the bonding company, referred to as BBC, and the Surety are protected from any losses. Key features include payment terms, indemnification clauses, and the necessity for the Applicant to cooperate with the bonding company and Surety in the event of a forfeiture. It specifies the obligation to pay a premium and various additional fees that may arise during the duration of the bail bond. The form also addresses collateral rights and the potential for additional liabilities related to locating and returning the Defendant if necessary. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form essential for managing bail proceedings, streamlining communication between parties, and ensuring compliance with legal requirements inherent in bail processes in Miami-Dade. Proper completion of this form not only facilitates the bond process but also protects the interests of all involved parties.
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FAQ

Understanding the New Law: This means that judges are now required to consider alternatives such as pretrial supervision, electronic monitoring, or personal recognizance before resorting to monetary bail. The aim is to ensure that pretrial release decisions are based on risk assessment rather than financial ability.

Florida's new statewide bond schedule, introduced under House Bill 1627, is a significant reform aimed at standardizing bail practices across judicial circuits. Effective January 1, 2024, the law seeks to establish consistency and equity in pretrial release decisions.

In Florida, bail is determined by the judge based on factors like the severity of the charges, your criminal history, and whether you are considered a flight risk. The judge may also consider community ties and the potential danger to the public.

If you can't afford bail, you will remain in jail until your court date, which can range from weeks for minor offenses to months or even years for serious charges. The timeline largely depends on the complexity of the case, the court's schedule, and whether there are any delays in the legal process.

Criminal Rehabilitation; Specifying that to rehabilitate the offender to transition back to the community successfully is one of the primary purposes of sentencing; reducing the minimum sentence that must be served by a defendant from 85 percent of the sentence to 65 percent; revising provisions concerning gain-time to ...

(5)(a) Beginning January 1, 2024, and annually thereafter, the Supreme Court must adopt a uniform statewide bond schedule for criminal offenses not described in subsection (6) for which a person may be released on bail before and in lieu of his or her first appearance hearing or bail determination.

P. 3.580. When a verdict has been rendered against the defendant or the defendant has been found guilty by the court, the court on motion of the defendant, or on its own motion, may grant a new trial or arrest judgment.

The court shall grant a new trial only if: (1) the jurors decided the verdict by lot; (2) the verdict is contrary to law or the weight of the evidence; or (3) new and material evidence, which, if introduced at the trial would probably have changed the verdict or finding of the court, and which the defendant could not ...

RULE 3.670. In the case of a felony, the judge may withhold an adjudication of guilt, only if the judge places the defendant on probation.

3.720(b): The defendant is to be permitted to challenge factual bases for the sentence that the defendant believes to be incorrect. When possible, submissions should be done informally, but the rule does not preclude an evidentiary hearing if it should be necessary.

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Bail In Criminal Procedure In Miami-Dade