Picture Credited to the Miami Herald.

What are bond hearings?

Everyone arrested for a criminal violation has the right to first appearance hearing before a judge within 24 hours of his or her arrest.  The first appearance hearing provides the defendant with the opportunity to challenge the probable cause for the arrest and the bond's monetary amount. In most cases, many defendants bond out before ever appearing before a judge.  However, there are situations that arise that may prevent someone from simply bonding out.  Continue reading below for more information. Attorney Dennis Gonzalez Jr is available to represent individuals at bond hearings during the week, weekends, and even on  holidays. Click here to to speak to Dennis right now.

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Probation Hold

If a defendant is on Felony probation, he or she will typically not be able to bond out until he or she appears before the judge assigned to the underlying probation case.  The Judge assigned to the probation case will decide whether or not the defendant gets a bond unless a successful argument can be made at the initial first appearance hearing that would allow the defendant to be released on his own recognizance ("ROR").

Nebbia Hold

The government in most narcotics and/or trafficking related cases will impose a Nebbia hold on the case that effectively prevents the defendant from bonding until the Nebbia condition is satisfied. The Nebbia requirement essentially requires the person paying the bond premium to the bail bondsman to prove that the source of the funds being used to pay for the bond premium is not procured or derived from illegal activities.  Dennis Gonzalez Jr. extensive experience in the preparation and handling of Nebbia hearings. Click here to to speak to Dennis right now.

Immigration

Immigration is another issue that comes up in criminal bond hearings.  Some defendants, depending on their specific immigration status, may have holds placed on them by the federal government which prevents them from bonding out.

Warrants

Out of State Warrants
Florida does extradite a fugitive to and from other states. The procedure is suppose to take about 20 days but can take up to 4 times that long. Florida has adopted the Uniform Criminal Extradition Act (UCEA) and is not a “non extradition state.”

Out of County Warrants
Florida will usually extradite on felony warrants and but wont  extradite on a misdemeanor warrant (except for a few exceptions related to child support payments).  Florida will transport a person from one county to another on a misdemeanor warrant. For example, if you have a no bond warrant out of Marion County but you get picked up in Miami-Dade County, then you will be held in Miami-Dade County on an out of county warrant and then transported to the Marion County Jail where you will be booked for the warrant.

For more info see the Miami Dade Police departments Warrants Bureau

non-bondable offense

If a defendant is arrested for a “non-bondable” offense, such as murder, sexual battery or kidnapping, the the defendant will remain in jail pending trial without a bond. A person arrested for a “non-bondable” offense has the right to ask for an Arthur hearing. The purpose of the hearing is for the judge to determine whether the person should be released pending trial.

Bond Hearing Locations, Days and Times

All Bond hearings (except Domestic Violence, Monday through Friday) are held at the
Richard E. Gerstein Justice Building, 1351 NW 12th Street, Miami, FL 33125.
 
Felony
Courtroom 1-5
Monday through Friday 9:00 a.m. and 1:30 p.m.
**Weekends & holidays bond hearings are immediately following the misdemeanor jail arraignments which are at 9 a.m in Courtroom 5-3.
 
Misdemeanor and Criminal Traffic
Courtroom 5-3
Monday through Friday 9:00 a.m. and 1:30 p.m.
**Weekends & holidays bond hearings are at 9:00 a.m. once a day.

Domestic Violence
Monday through Friday 11:00 a.m.
Lawson E. Thomas Courthouse Center
Courtroom 2A
175 NW 1st Avenue,
Miami, FL 33128

**Weekends & holidays 8:30 a.m.
Richard E. Gerstein Justice Building
Courtroom 5-3
1351 NW 12th Street
Miami, FL 33125.

See the map below for directions to the Richard E. Gerstein Justice Building.