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Home > Posting Bail in Miami: 4 Things to Know

Posting Bail in Miami: 4 Things to Know

Once you’ve been arrested in Miami, having an expert to guide you through the process of getting released from jail can be invaluable. Some defendants, depending on their background and the crime involved, can be released on a signature bond. Often, they are turned over to Dade County Pre-Trial Services. By completing a diversion program – often including educational classes, drug testing and community service – the criminal charge is dropped. If you have little or no criminal record and the crime was not serious, an experienced criminal attorney can argue for a signature release.  If you are arrested in Miami, here are 4 things you should know.

Bail process in Miami. When you are arrested in Dade County, you will be brought to Turner Guilford Knight Correctional Center. This facility is better known as Miami TGK Jail. After you have been processed and booked, you will be allowed to contact a friend or family member or a bail bond agent to begin the jail release process. If you were arrested for a misdemeanor, the bail amount should be available immediately from a county bail schedule. For more serious crimes, a judge will set bail after a bond hearing, often adding hours or a day or more to your wait to be released.

Types of Bail in Miami.

  • Signature release. Also known as a release on recognizance, this option is generally only available to defendants accused of misdemeanors that do not involve violence and some lesser felonies. You will be required to sign a document agreeing to return to court for all scheduled hearings. However, you will not have to pay any money.

  • Cash bond. Under this option, a defendant – with or without the help of a co-signer – must pay the entire amount of the bail. The court then returns the bulk of that money, minus court fees and costs, to all defendants who show up for scheduled court appearances. This is perhaps the fastest way to get out of jail after arrest.

  • Surety bond. Under Florida law, 10 percent is the premium that bail bond agents charge for surety bonds – no more and no less. A defendant, or co-signer pays 10 percent of the value of the bond to the bail bond agent. The agent guarantees the entire amount of the bond to the court and supervises the defendant. The premium paid to a bail bond agent is the cost of doing business and is not returned.


 

Bail co-signer obligations. If someone is willing to act as a co-signer on your behalf, it’s important to know the requirements. Co-signers must be at least 18 years old and a citizen of b United States. Most bail bond companies also require a significant connection to the community by having lived in the Miami area for at least a couple of years and solid credit standing. Policies regarding collateral vary from company to company, but it is more likely when the bail is significant or the co-signer is considered a risk.

Bail costs and options. Be wary of any bail bond company that offers a bail premium that is either more or less than 10 percent. Many companies will arrange for low down payments and payment plans, but the state-set premium cannot legally be altered. Paying bail in cash is a way to avoid the 10 percent premium, but it’s important to have enough money available to hire a criminal defense attorney and take care of other costs, such as towing fees, should they apply.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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