Bail With Conditions In Miami-Dade

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

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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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.

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.

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.

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.

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.

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.

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Bail With Conditions In Miami-Dade