Bail Versus Bond Forfeited 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 terms under which a bail bonding company will secure a bail bond for a defendant in Miami-Dade. This agreement emphasizes the financial obligations of the applicant, including the payment of a premium for the bond, indemnification of the bonding company, and the responsibilities tied to potential forfeitures. The applicant must agree to cover costs associated with the bond, including those incurred during attempts to locate and return the defendant to custody, as well as attorney's fees. Specifically, it requires the applicant to cooperate fully with the bonding company in case of the defendant's surrender. Key features include clauses on liability, collateral, and detailed conditions about changes in the applicant's contact information. The document serves as a critical resource for legal professionals, ensuring compliance with legal requirements while providing clear guidance on the responsibilities tied to bail versus bond forfeiture scenarios. For attorneys, paralegals, and legal assistants, it facilitates effective client communication, compliance checks, and case management within bail proceedings in Miami-Dade.
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FAQ

Under Florida Rule of Criminal Procedure 3.134, state prosecutors generally have up to 30 days to file charges against someone following their arrest. If the defendant remains uncharged, the court must release them on their own recognizance by the 33rd day following their initial arrest.

The uniform bond schedule The new law mandates the Florida Supreme Court to establish a uniform schedule for specific offenses not included in the “dangerous crime” category. This schedule became effective on January 1, 2024, outlining set bond amounts for various felonies and misdemeanors.

(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book.

Understanding Bail and Bond in Florida: Key Takeaways While the terms “bail” and “bond” are often used interchangeably, understanding the distinction is important. Bail refers to the full amount set by the court, while a bond is a financial arrangement, typically with a bail bondsman, to meet that bail requirement.

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.

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

Bail bonds in California are valid for the life of the cases unless you miss court or get rearrested. Then, depending on the circumstances, you may need to post another bond.

Common reasons for bond revocation include: Failure to Appear in Court – One of the most straightforward reasons for bond revocation is the defendant's failure to appear for a scheduled court date. The bail bond is a promise to the court that the defendant will attend all required hearings.

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

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Bail Versus Bond Forfeited In Miami-Dade