There tends to be a significant amount of confusion surrounding what an Arthur Hearing is and how it relates to bonds. One of the reasons for this is that it is essentially a bond hearing in Florida State Court for a charge that is non-bondable. Before we explain what an Arthur Hearing is and how it pertains to you, it is crucial to understand what a bond is. There will be a time gap between the day you get charged with a crime and the day of your trial.
If bail is set, you can pay it and stay out of jail until your trial concludes. The money is the court’s assurance that you will return for trial. However, many people cannot afford or choose not to pay the entire bail amount. In that case, they can choose to contact a bail bond agent who will pay the bail for them. The bondsman will charge you a percentage of the overall amount, which is usually about 10%. The greater the severity of the crime, the higher the bond range. State crimes come with a standard bond amount, whereas federal crimes do not.
Capital felonies, on the other hand, could result in life sentences. Because of the severity of the sentence, courts worry that defendants will be flight risks after they make bail. This is why the state of Florida views capital felonies as non-bondable offenses. Even though the defendant in these matters cannot post immediately after being charged, their attorneys can request an Arthur Hearing.
How Arthur Hearings Work
If your attorney successfully gets you an Arthur Hearing, there will not be a jury. During it, your attorney and the prosecution will present their case to a judge. Because there is no jury, the judge is the only person your attorney has to convince. The Arthur hearing has 2 parts: phase one and phase two.
In phase one, the prosecution will present evidence (in the form of documents and/or witnesses) establishing by “proof evident, presumption great” that the crime was committed. This is a high burden. In the second phase of the hearing, the Court determines whether a bond is appropriate by considering factors such as risk of flight, any previous criminal history, whether you pose a danger to the community and the seriousness of the case and strength of the evidence against you.
Although the state has standard bond amounts for specific crimes, this does not pertain to capital felonies. Even if the judge agrees to release you on bail, they are not limited to specific amounts or ranges. Additionally, they can add conditions to your bond such as home confinement with GPS monitoring.
Speak With A Criminal Defense Attorney
If you have been charged with a capital felony, you must speak with a criminal defense attorney who will protect your rights and build a defense. Our attorneys are highly experienced with bonds and pretrial detention hearings. For more information about how we can help you, contact Puglisi Caramés to schedule your free consultation.