Miami Bail Bonds

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Miami Bail Bonds

  1. 1. Miami Bail Bonds LawSec. 40-11-104. Release of defendants; authorityAny magistrate may release the defendant on his own recognizance pursuant to Sec. 40-11-115 or Sec. 40-11-116 or admit the defendant to bail pursuant to Sec. 40-11-117 or Sec. 40-11-122at any time prior to or at the time the defendant is bound over to the grand jury. The trialcourt may release the defendant on his own recognizance pursuant to Sec. 40-11-115, admitthe defendant to bail under Sec. 40-11-116, Sec. 40-11-117 or Sec. 40-11-122, or alter bail or otherconditions of release pursuant to Sec. 40-11-144 at any time prior to conviction or thereafter,except where contrary to law.40-11-105. Right to bai Bail by clerkÑMaximum amounts. (a)(1) When the defendant hasbeen arrested and/or held to answer for any bailable offense, he is entitled to be admitted tobail by the committing magistrate, by any judge of the circuit or criminal courts, by the clerkof any circuit or criminal co urt; provided that if the defendant is admitted to bail by the clerkof any circuit or criminal court, he has the right to petition the judge of such court if he feelsthe bail set is excessive, and he shal be given notice of this fact by such clerk.(2) The clerk of any circuit or criminal court may only admit the defendant to bail when thejudge is not present in the court and the clerk reasonably believes that he will not be presentwithin three (3) hours after the defendant has been committed to the county or city jail,following arrest.(b) In no event may a clerk set the amount of bail in excess of:(1) One thousand dollars ($1,000) if the defendant was charged with a misdemeanor;(2) Ten thousand dollars ($10,000) if the defendant is charged with a felony that does notinvolve a crime committed against a person;(3) Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves acrime committed against a person; or(4) One hundred thousand dollars ($100,000) if the defendant is charged with some form ofhomicide.Miami Bail Bonds is here to help.Sec. 40-11-114. Written undertakings; contentsBail, when not given in open court, is given by a written undertaking, containing theconditions of release, the agreement of the defendant to appear in the court havingjurisdiction of the offense as directed by the court and/or an amount to be paid fornonappearance, signed by the defendant, and if made under Sec. 40-11-122(b) herein, signedalso by court-approved and sufficient surety or sureties. The written undertaking must beapproved by the officer taking same.
  2. 2. Miami Bail Bonds Law40-11-115. Release on recognizance or unsecured bond-- Factors considered(a) Any person charged with a bailable offense may, before a magistrate authorized to admithim to bail, be ordered released pending trial on his personal recognizance or upon theexecution of an unsecured appearance bond in an amount specified by the magistrate.(b) In determining whether or not such a person shall be released as provided herein andthat such a release will reasonably assure the appearance of the person as required, themagistrate shall take into account:(1) The defendants length of residence in the community;(2) His employment status and history and his financial condition;(3) His family ties and relationships;(4) His reputation, character and mental condition;(5) His prior criminal record including prior releases on recognizance or bail;(6) The identity of responsible members of the community who will vouch for defendantsreliability;(7) The nature of the offense and tha apparent probability of conviction and the likelysentence, insofar as these factors are relevant to the risk of nonappearance; and(8) Any other factors indicating the defendants ties to the community or bearing on the riskof willful failure to appear.40-11-116. Conditions on release.(a) If a defendant does not qualify for release upon recognizance under 40-11-115, then themagistrate shall impose the least onerous conditions reasonably likely to assure thedefendants appearance in court.(b) If conditions on release are found necessary, the magistrate may impose one (1) or moreof the following conditions:(1) Release the defendant into the care of some qualified person or organization responsiblefro supervising the defendant and assisting him in appearing in court. Such supervisor shallmaintain close contact with the defendant, assist him in making arrangements to appear incourt, and, where appropriate, accompany him to court. The supervisor shall not be requiredto be financially responsible for the defendant, nor to forfeit money in the event he fails toappear in court.(2) Place the defendant under the supervision of an available probation counselor or otherappropriate public official.(3) Impose reasonable restrictions on the activities, movements, associations and residencesof the defendant.(4) Impose any other reasonable restriction designed to assure the defendants appearance,including, but not limited to, the deposit of bail pursuant to 40-11-117.
  3. 3. Miami Bail Bonds LawSec. 40-11-117. Bail in lieu of conditionsAbsent a showing that conditions on a release on recognizance will reasonably assure theappearance of the defendant as required, the magistrate shall, in lieu of the conditions ofrelease set out in Sec. 40-11-115 or Sec. 40-11-116, require bail to be given..40-11-118. Execution and deposit--Bail set no higher than necessary--Factors considered.(a) Any defendant for whom bail has been set may execute the bail bond and deposit withthe clerk of court before which the proceeding is pending a sum of money in cash equal tothe amount of the bail. Upon depositing this sum the defendant shall be released fromcustody subject to the conditions of the bail bond. Such bail shall be set as low as the courtdetermines is necessary to reasonably assure the appearance of the defendant as required.(b) In determining the amount of bail necessary to reasonably assure the appearance ofthe defendant while at the time protecting the safety of the public, the magistrate shallconsider the following:(1) The defendants length of residence in the community;(2) The defendants employment status and history and the defendants financial condition;(3) The defendants family ties and relationships;(4) The defendants reputation, character and mental condition;(5)The defendants prior criminal record and record of appearance at court proceedings orof flight to avoid prosecution or failure to appear at court proceedings;(6) The nature of the offense and the apparent probability of conviction and the likelysentence;(7) The defendants prior criminal record and the likelihood that because of such record thedefendant will pose a risk of danger to the community;(8) The identity of responsible members of the community who will vouch for thedefendants reliability; however, no such member of the community may vouch for morethan two (2) defendants at any time while charges are still pending or a forfeiture isoutstanding; and(9) Any other factors indicating the defendants ties to the community or bearing on therisk of the defendants willful failure to appear.(Effective date: 7-1-96)(c) (1) Whenever a courts judgment includes the requirement that the defendant pay a fineor cost, the court may require that the payment of the fine or cost be secured by suretybond or other appropriate undertaking if such defendant has a history of past due fines andcosts. A parent, guardian or other responsible party may be permitted to act as surety inorder to guarantee payment of the fine or cost.(2) Notwithstanding any other provision of law to the contrary, unless the surety executes a
  4. 4. Miami Bail Bonds Lawbond agreement which specifically makes the surety liable for the fine, cost, or restitution,no surety shall be held liable therefore without the suretys consent.Sec. 40-11-122. Security; real estate or suretiesIn lieu of the bail deposit provided for in Sec. 40-11-118, any defendant for whom bail hasbeen set may execute a bail bond which may be secured as provided in this section. The bailmay be secured by:(1) Real estate situated in this state with nonexempt unencumbered equity owned by thedefendant or his surety worth one and one-half (1 1/2) times the amount of bail set. If the bailbond is secured by real estate, the defendant or his surety shall execute a deed of trustconveying the real estate in trust to the clerk who shall immediately file the deed of trust inthe office of the register of the county in which the real estate is situated. The costs ofpreparation of the deed of trust and recordation shall be paid by the defendant;(2) A written undertaking signed by the defendant and at least two (2) sufficient sureties,and approved by the magistrate or officer. Such sureties under this section shall not beprofessional bondsmen or attorneys; or(3) A solvent corporate surety or sureties or a professional bail bondsman as approved,qualified or regulated by Secs. 40-11-101 -- 40-11-144 and part 3 of this chapter. No bond shallbe approved unless the surety thereon appears to be qualified.Sec. 40-11-123. Surety; sufficiency(a) Each of the sureties shall be worth the amount expressed in the undertaking, subject tothe execution; but the court, magistrate or officer in taking bail, may allow more than two(2) sureties to justify severally in amounts less than that expressed in the undertaking, if thewhole qualification be equivalent to two (2) sufficient sureties.(b) The district attorney general, or the court, magistrate or officer, may examine thesureties on oath touching their sufficiency, in such manner as he may deem proper. Thecourt or magistrate may also receive other testimony, either for or against the sufficiency ofsureties.Sec. 40-11-130. Bond or recognizances; durationWhere the defendant in a criminal case executes a bond or recognizance before any court orother person authorized by law to take the same, for the defendants personal appearancebefore a court, to answer a criminal charge, the bond or recognizance shall be valid andbinding upon the defendant and the defendants sureties thereon for the defendantspersonal appearance before the court from the time of arrest, preliminary hearing, bind overto the grand jury and trial until the case is finally terminated or stricken from the docket andthe defendant discharged by the court. The defendant shall not be required to renew the
  5. 5. Miami Bail Bonds Lawbond or recognizance unless ordered to do so by the court because of the insufficiency ofthe bond in amount or the insolvency of the same or on forfeiture of bail, or for other goodand sufficient causes; provided, that the sureties on the bond may surrender the prisonerand be released on the bond as now provided.Sec. 40-11-150. Domestic violence arrests; conditions of release(a) In addition to the factors set out in Sec. 40-11-118, in making a decision concerning theamount of bail required for the release of a defendant who is arrested for any criminaloffense defined in title 39, chapter 13, in which the alleged victim of the offense is a family orhousehold member as defined in Sec. 36-3-601, or is in violation of an order of protection asauthorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrestand detention of the defendant and determine whether the defendant is:(1) A threat to the alleged victim or other family or household member;(2) A threat to public safety; and(3) Reasonably likely to appear in court.(b) Before releasing a person arrested for or charged with an offense specified in subsection(a), or a violation of an order of protection, the magistrate shall make findings on the recordif possible concerning the determination made in accordance with subsection (a), and mayimpose conditions of release or bail on the defendant to protect the alleged victim of anysuch offense and to ensure the appearance of the defendant at a subsequent courtproceeding. The conditions may include:(1) An order enjoining the defendant from threatening to commit or committing specifiedoffenses against the alleged victim or other family or household member;(2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting orotherwise communicating with the alleged victim, either directly or indirectly;(3) An order directing the defendant to vacate or stay away from the home of the allegedvictim and to stay away from any other location where the victim is likely to be;(4) An order prohibiting the defendant from using or possessing a firearm or other weaponspecified by the magistrate
  6. 6. Miami Bail Bonds Law(5) An order prohibiting the defendant from possession or consumption of alcohol orcontrolled substances; and(6) Any other order required to protect the safety of the alleged victim and to ensure theappearance of the defendant in court.(c) If conditions of release are imposed, the magistrate shall:(1) Issue a written order for conditional release;(2) Immediately distribute a copy of the order to the law enforcement agency havingcustody of the defendant; and(3) Provide such law enforcement agency with any available information concerning thelocation of the victim in a manner that protects the safety of the victim.(d) The law enforcement agency having custody of the defendant shall provide a copy of theconditions to the defendant upon the defendants release. Failure to provide the defendantwith a copy of the conditions of release does not invalidate the conditions if the defendanthas notice of such conditions.(e) If conditions of release are imposed without a hearing, the defendant may request aprompt hearing before the court having jurisdiction of the offense for which the defendantwas arrested or is charged to review the conditions. Upon such a request, the court shallhold a prompt hearing to review the conditions. Punishment for a violation of any conditionof release shall be as provided by law.(f) When a defendant who is arrested for or charged with an offense specified in subsection(a) or with a violation of an order of protection is released from custody, the lawenforcement agency having custody of the defendant shall:(1) Use all reasonable means to immediately notify the victim of the alleged offense of therelease; and(2) Furnish the victim of the alleged offense at no cost a certified copy of any conditions ofrelease.(g) Release of a defendant who is arrested for or charged with a crime specified in
  7. 7. Miami Bail Bonds Lawsubsection (a) or with a violation of an order of protection shall not be delayed because ofthe requirements of subsection (f).

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