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Date Created: 12/19/15
Miami Bail Bonds Law Sec. 40-11-104. Release of defendants; authority Any 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. 40-11-122 at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on his own recognizance pursuant to Sec. 40-11-115, admit the defendant to bail under Sec. 40-11-116, Sec. 40-11-117 or Sec. 40-11-122, or alter bail or other conditions 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 has been arrested and/or held to answer for any bailable offense, he is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal courts, by the clerk of any circuit or criminal co urt; provided that if the defendant is admitted to bail by the clerk of any circuit or criminal court, he has the right to petition the judge of such court if he feels the 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 the judge is not present in the court and the clerk reasonably believes that he will not be present within 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 not involve a crime committed against a person; (3) Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a crime committed against a person; or (4) One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide. Miami Bail Bonds is here to help. Sec. 40-11-114. Written undertakings; contents Bail, when not given in open court, is given by a written undertaking, containing the conditions of release, the agreement of the defendant to appear in the court having jurisdiction of the offense as directed by the court and/or an amount to be paid for nonappearance, signed by the defendant, and if made under Sec. 40-11-122(b) herein, signed also by court-approved and sufficient surety or sureties. The written undertaking must be approved by the officer taking same. Miami Bail Bonds Law 40-11-115. Release on recognizance or unsecured bond-- Factors considered (a) Any person charged with a bailable offense may, before a magistrate authorized to admit him to bail, be ordered released pending trial on his personal recognizance or upon the execution 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 and that such a release will reasonably assure the appearance of the person as required, the magistrate 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 defendant's reliability; (7) The nature of the offense and tha apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of nonappearance; and (8) Any other factors indicating the defendant's ties to the community or bearing on the risk of 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 the magistrate shall impose the least onerous conditions reasonably likely to assure the defendant's appearance in court. (b) If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions: (1) Release the defendant into the care of some qualified person or organization responsible fro supervising the defendant and assisting him in appearing in court. Such supervisor shall maintain close contact with the defendant, assist him in making arrangements to appear in court, and, where appropriate, accompany him to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event he fails to appear in court. (2) Place the defendant under the supervision of an available probation counselor or other appropriate public official. (3) Impose reasonable restrictions on the activities, movements, associations and residences of 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. Miami Bail Bonds Law Sec. 40-11-117. Bail in lieu of conditions Absent a showing that conditions on a release on recognizance will reasonably assure the appearance of the defendant as required, the magistrate shall, in lieu of the conditions of release 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 with the clerk of court before which the proceeding is pending a sum of money in cash equal to the amount of the bail. Upon depositing this sum the defendant shall be released from custody subject to the conditions of the bail bond. Such bail shall be set as low as the court determines 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 of the defendant while at the time protecting the safety of the public, the magistrate shall consider the following: (1) The defendant's length of residence in the community; (2) The defendant's employment status and history and the defendants financial condition; (3) The defendant's family ties and relationships; (4) The defendant's reputation, character and mental condition; (5)The defendant's prior criminal record and record of appearance at court proceedings or of 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 likely sentence; (7) The defendant's prior criminal record and the likelihood that because of such record the defendant will pose a risk of danger to the community; (8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no such member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and (9) Any other factors indicating the defendants ties to the community or bearing on the risk of the defendant's willful failure to appear. (Effective date: 7-1-96) (c) (1) Whenever a court's judgment includes the requirement that the defendant pay a fine or cost, the court may require that the payment of the fine or cost be secured by surety bond or other appropriate undertaking if such defendant has a history of past due fines and costs. A parent, guardian or other responsible party may be permitted to act as surety in order to guarantee payment of the fine or cost. (2) Notwithstanding any other provision of law to the contrary, unless the surety executes a Miami Bail Bonds Law bond agreement which specifically makes the surety liable for the fine, cost, or restitution, no surety shall be held liable therefore without the surety's consent. Sec. 40-11-122. Security; real estate or sureties In lieu of the bail deposit provided for in Sec. 40-11-118, any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail may be secured by: (1) Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or his surety worth one and one-half (1 1/2) times the amount of bail set. If the bail bond is secured by real estate, the defendant or his surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation 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 be professional 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 shall be 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 to the 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 the whole qualification be equivalent to two (2) sufficient sureties. (b) The district attorney general, or the court, magistrate or officer, may examine the sureties on oath touching their sufficiency, in such manner as he may deem proper. The court or magistrate may also receive other testimony, either for or against the sufficiency of sureties. Sec. 40-11-130. Bond or recognizances; duration Where the defendant in a criminal case executes a bond or recognizance before any court or other person authorized by law to take the same, for the defendant's personal appearance before a court, to answer a criminal charge, the bond or recognizance shall be valid and binding upon the defendant and the defendant's sureties thereon for the defendant's personal appearance before the court from the time of arrest, preliminary hearing, bind over to the grand jury and trial until the case is finally terminated or stricken from the docket and the defendant discharged by the court. The defendant shall not be required to renew the Miami Bail Bonds Law bond or recognizance unless ordered to do so by the court because of the insufficiency of the bond in amount or the insolvency of the same or on forfeiture of bail, or for other good and sufficient causes; provided, that the sureties on the bond may surrender the prisoner and 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 the amount of bail required for the release of a defendant who is arrested for any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a family or household member as defined in Sec. 36-3-601, or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrest and 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 record if possible concerning the determination made in accordance with subsection (a), and may impose conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding. The conditions may include: (1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim or other family or household member; (2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or otherwise 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 alleged victim 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 weapon specified by the magistrate Miami Bail Bonds Law (5) An order prohibiting the defendant from possession or consumption of alcohol or controlled substances; and (6) Any other order required to protect the safety of the alleged victim and to ensure the appearance 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 having custody of the defendant; and (3) Provide such law enforcement agency with any available information concerning the location 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 the conditions to the defendant upon the defendant's release. Failure to provide the defendant with a copy of the conditions of release does not invalidate the conditions if the defendant has notice of such conditions. (e) If conditions of release are imposed without a hearing, the defendant may request a prompt hearing before the court having jurisdiction of the offense for which the defendant was arrested or is charged to review the conditions. Upon such a request, the court shall hold a prompt hearing to review the conditions. Punishment for a violation of any condition of 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 law enforcement agency having custody of the defendant shall: (1) Use all reasonable means to immediately notify the victim of the alleged offense of the release; and (2) Furnish the victim of the alleged offense at no cost a certified copy of any conditions of release. (g) Release of a defendant who is arrested for or charged with a crime specified in Miami Bail Bonds Law subsection (a) or with a violation of an order of protection shall not be delayed because of the requirements of subsection (f).
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