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Bail Bonds

Although everyone is entitled by the Constitution to a speedy trial, the criminal justice system in the state of Florida often moves at a rather slow pace. This means that when you are arrested and arraigned for a crime, you may not go to trial immediately to determine your innocence. Depending on the court schedule, the complexity of the case and the amount of time the attorneys need to prepare, it may take weeks or months before you actually get to trial. Bail bonds allow you to be free during this time, rather than kept in jail pending trial.

In the state of Florida, you are entitled to a “reasonable” bond unless you have been charged with a life felony or unless you were arrested for failing to appear in court in the past or skipping out on a warrant. However, in order to ensure you actually receive a “reasonable” bond that you can afford to pay, it is advisable to contact an experienced West Palm Beach criminal defense attorney to represent you in your bond hearing.  Those in Boca Raton, Boynton Beach, Delray Beach, Wellington, Jupiter or other areas in Palm Beach and West Palm Beach can turn to Musca law for help getting bail bonds in the state of Florida.


Bail Bond Attorney in West Palm Beach

When you are arrested for a crime in Florida, you must be brought before a magistrate clerk within 24 hours. The job of the magistrate clerk is to make sure there is some legitimate basis for the charges against you. Your guilt or innocence isn’t determined and the merits of the evidence aren’t determined- it is just necessary for the prosecutor to show they actually have something on you. If they don’t, then the prosecutor is given 24 hours to find evidence before the charges are dismissed.

If it is determined at this initial probable cause hearing that there is enough evidence to proceed, then bail will be set. This means the magistrate judge will decide on the amount of money you must pay in bail. You are entitled to a reasonable bond for all crimes with the limited exceptions mentioned above, and if you are accused of a life felony, you may even be able to get bond anyway by requesting something called an Arthur Hearing.

When determining what your bond amount should be set at, the judge or magistrate clerk is going to look at several factors including:

  • How serious the offense(s) are that you are accused of and what the potential penalties are for conviction. The more serious the crime and the harsher the penalties, the higher the bail bond.
  • Whether you are likely to flee. In order to determine this, courts consider both the amount of financial resources at your disposal and the strength of your connections to the community. If you have a lot of money to run and limited ties to the location where you live, bail is going to be higher than if you have no money to escape and strong career or family ties to the community.
  • Whether you pose a potential risk or danger to the community if you are let free.

At the hearing where your bond is determined, you will have the chance to make arguments as to why a lower amount of bond is reasonable. You should have a criminal defense attorney at your hearing to assist you in making a strong and compelling argument for reasonable bond or even for release on your own recognizance (ROR).

If you are accused of a life felony, the process of determining whether you will receive bond is more complicated. As mentioned, you will need to request an Arthur Hearing. At the hearing, the prosecutor will have the burden of showing that there is a great presumption of guilt and if the prosecutor fails at doing this, then you may be granted bond. This burden of proof placed on the prosecutor is a higher burden than the beyond a reasonable doubt  burden the prosecutor must meet to secure a guilty verdict in trial.

If you have been accused of a crime in Florida, getting bond is very important to be able to stay out of jail until your trial. You should have a lawyer on your side to help you secure bail bonds so you don’t spend weeks or months sitting in a cell when you could otherwise be free.

Don’t gamble with your freedom, future and reputation. For help with bail bond hearings in Palm Beach County, call the Palm Beach criminal defense lawyers at Musca Law for a free consultation. 239-277-5297. Phone answered 24/7.

Need a bail bonds/bench warrants lawyer in West Palm Beach? Contact us today!