Need an Arthur Hearing Attorney in Florida? Call Us

After you are charged with a criminal offense, you will progress quickly through a criminal justice system that will seem bewildering and frustrating. If you are facing a misdemeanor or felony that does not include aggravated homicide, your charges will probably be considered “bondable.” That simply means that you will be given a chance to pay bail money to remain free pending your court date.

The Arraignment

The arraignment is the first hearing you will attend in the court system, where you will have the opportunity to plead guilty or not guilty to the charges the state is bringing against you. In all likelihood, you will plead not guilty at this hearing. The state may try to claim that the charges against you should be “nonbondable,” meaning that no bail should be set and you should remain in custody throughout your court process. Your lawyer will argue that bail should be set.

Arthur Hearing

If you are being charged with a nonbondable offense, it means the state thinks you are a risk for fleeing before your court date or you are too much of a danger to society to allow you to remain out of custody. Because you are considered innocent until proven guilty, the state must provide ample evidence that you should not be released on bail. This hearing is known as the Arthur Hearing. In the hearing, the burden of proof falls on the state to show that the offense should be charged as nonbondable. Your attorney will bring supporting evidence to show that you should not be held in custody and bail should be set.

At the conclusion of the hearing, the judge will decide whether you should be held on a nonbondable charge or set a bail amount. You will then be allowed to pursue a bail bond from a licensed bond dealer, which will typically cost 10 percent of the total bail set. If you meet the condition of your bail and appear at your court date, the bondsman reclaims the amount of the bond and keeps a predetermined amount of your initial collateral fee.

Nebbia Hearing

In many cases involving drug offenses, the court may order a Nebbia Hearing to investigate where the money came from to pay your bond. This is especially the case when bail is substantially high and the court feels there is a chance that the money came from illegal drug sales. At this hearing, your attorney will present evidence that the money was raised from legal resources.

Don’t trust your freedom to inexperience. Talk to us as soon as possible after your arrest.

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We work with all criminal defense clients who have been arrested and face bond hearings for felony charges. We have the professional resources and experience to help you fight for the best possible outcome.

From our offices in Miami, we represent clients throughout South Florida, the Florida Keys and statewide. Contact us to arrange a free consultation with an experienced Miami bond hearing lawyer at Ferrer Shane right away.