STATE BOND

When a police officer arrests someone for a misdemeanor offense, he usually has the option of either having the person sign a “Promise to Appear”, or taking him or her into custody. A Promise to Appear is exactly that: a promise by the arrestee that he will go to Court when noticed. Contrary to what many believe, a Promise to Appear is technically an arrest. If the person fails to appear in Court, a bench warrant will be issued.

When the police arrest someone for a misdemeanor or a felony, they are transported to a booking area. In Miami-Dade County, the jail bookings take place at the Pre-Trial Detention Center at 1321 N.W. 13th Street, Miami, Florida, and the Turner Guilford Knight Center located at 7000 N.W. 41st Street, Miami, Florida. In Broward County, the jail bookings take the place at the Broward County Jail at 555 S.E. First Avenue, Fort Lauderdale, Florida. In Palm Beach County, the jail bookings take place at the Palm Beach County Jail at 3228 Gun Club Road, West Palm Beach, Florida. Once the arrestee is booked, a “standard” bond is imposed. This is a set bond for every offense.

Once the “standard” bond is entered into the arrestee’s record, he or she can post bond and get released. A condition of bond is always the appearance of the Defendant at the next Court appearance. Failing to appear will result in the estreature or forfeiture of the bond and the issuance of an arrest warrant.

Bond can be posted by depositing the full amount of the bond at the booking facility or hiring a bondsman. A bondsman will charge 10% of the face value of the bond. This is a non-refundable fee. On the other hand, if the full amount of bond is posted, the money is refundable provided the arrestee makes all of his Court appearances.

For some non-violent felonies, an arrestee can sometimes secure a release to Pre-Trial Release. This is an agency that will supervise the arrestee while he or she is out on bond. Pre-Trial Release can be made available at an arrestee’s Initial Appearance.

In Florida, everybody who is arrested must be brought before a Judge within 24 hours. This is called the Initial Appearance. In Miami-Dade County, the Initial Appearances are videotaped to a Courtroom in the Gerstein Justice Building located at 1351 N.W. 12th Street, Miami, Florida. Initial Appearances commence at 8:30 a.m. for misdemeanors, and 10:30 a.m. for felonies seven days a week. The arrestees are taken to a room in the jail, and will be brought before the Judge on camera when their case is called. Lawyers and family members can be in the courtroom.

In Broward County, the Initial Appearances are held in a courtroom in the basement of the Broward County Jail located at 555 S.E. First Avenue, Fort Lauderdale, Florida, seven days a week at 8:00 a.m. The arrestee, and any attorneys and family members who wish to attend will all be in the courtroom together.

In Palm Beach County, Initial Appearances are held at the Palm Beach Sheriff’s Office located at 3228 Gun Club Road, West Palm Beach, Florida. They start at 9:30 a.m. seven days a week. The arrestee, attorneys and family members all appear in the courtroom.

The purpose of the Initial Appearance is for a Judge to review the Probable Cause Affidavit that was prepared by the arresting officer to determine if there is probable cause. If the Affidavit does not set forth probable cause, then it would be dismissed, and the arrestee would be released on his own recognizance. He would still be required to appear in Court. A dismissal of the Probable Cause Affidavit at the Initial Appearance does not end the prosecution. The State Attorney’s Office still has the right to review the case to determine whether to file formal charges. Having representation at the Initial Appearance can make a difference on the bond set as well as other conditions of release.

If an arrestee cannot post bond or if the standard is too high, a bond reduction can be requested at the Initial Appearance. Under those circumstances, having an attorney to represent the arrestee can be helpful to obstructing release on favorable conditions.

There are special rules governing domestic violence cases. Arrestees accused of domestic violence usually will be unable to post a standard bond before their Initial Appearance. The purpose for placing this hold on the arrestee is to give the Court the opportunity to issue a Stay Away Order preventing contact with the alleged victim. If the alleged victim of domestic violence is cooperative, the best time to have the Stay Away Order vacated or modified would be at the Initial Appearance. It is always better to have an attorney present to request this modification to assure the Court that the alleged victim’s cooperation was not obtained through duress.

If the bond set at the Initial Appearance cannot be posted, the arrestee will have the right to file a Motion to Reduce the Bond before the Judge assigned to the case. In serious felony cases, the Judge presiding over the Initial Appearance can be reluctant to order substantial reduction because no one in the courtroom, not even the prosecutors, have much information about the case or the Defendant. When a bond reduction is sought before the Judge assigned to the case, all parties will know more about the case and the Defendant, and, if properly presented, the Defendant may be able to lower the bond and secure his release. What follows is Florida Statute 903.046, which sets forth the factors that a Judge must consider when setting a bond.

Florida Statute Section 903.046

Different rules apply if the arrestee has been charged with a felony that carried a potential sentence of death or life imprisonment. In those cases, the arrestee is not entitled to a bond. The issue of bond will not be addressed at the Initial Appearance, only the issue of probable cause. In order to obtain a bond, the arrestee must petition the Court for an Arthur Hearing. At the Arthur Hearing, the State will provide evidence in an effort to convince the Court that the proof is evident, and the presumption great. The arrestee will also have the right to present evidence. After hearing the evidence, if the Court finds that the State has met its burden, that the proof is evident, and the presumption great, bond can be denied. If the Court finds that the proof is not evident, and the presumption is not great, then it must set bond.

Even if the Court finds that the proof is evident, and the presumption is great, it can still exercise its discretion to order a bond. In evaluating the amount of the bond, and the other conditions of release, the Court must take into account the potential danger the arrestee’s release will have on the community.

If the Court presiding over the Arthur Hearing sets bond, the State can take an appeal. The same is true if the Court agrees with the State and holds the arrestee without bond.

Arthur Hearings are scheduled with the Court assigned to the case. The State will always be given sufficient time to gather the evidence it needs to establish proof evident, presumption great. By the time a case comes to an Arthur Hearing, the arrestee will be represented by an attorney, who will be responsible for challenging the State’s evidence, and presenting any evidence relating to the charges or to the arrestee’s ties to the community that might persuade the Court to set a bond.

Charles G. White has appeared at Arthur and Bond Hearings at Initial Appearances and before the trial judge thousands of times. In one case where the Defendant was charged with First-Degree Murder, he was able to obtain a bond by demonstrating that the proof was not evident, nor the presumption great despite the prosecutors allegation that he had murdered two people. When the State took an appeal, the appeals court agreed with the bond set, and established the standard by which trial judges in Florida would henceforth evaluate the State’s burden in Arthur Hearings. State v. Perry.