When a Defendant Can be Held Without Bond

By Lowry Law Firm | Posted on November 19, 2014

The Florida and US Constitutions guarantee that persons charged with a crime be granted a reasonable bond. However, there are certain instances where a Defendant can be held without a bond. Fort Lauderdale Criminal Defense Attorney Mark Lowry is a former prosecutor and experienced defense attorney who has tried over 60 criminal jury trials. Contact Mr. Lowry to learn more about your case, the bond process, and ways to fight your charges.

If a person is arrested on any new criminal offense, he or she will be given release conditions that typically include posting a bond. However, if the crime(s) charged are punishable by life imprisonment or death, the Florida Constitution allows for the State to request the Court hold the Defendant without a bond until the case is resolved. In order to do this, after requesting a bond by attorney Mark Lowry, a hearing called an “Arthur Hearing” will take place. At this hearing, the State has a very high burden to meet in order to prove to the Court that the Defendant should be held without a bond, called “proof evident, presumption great”. This means the State must put on evidence, in a mini-trial in front of just the judge, to try and prove that proof of the Defendant’s guilt is evident, or that there is a great presumption that the Defendant is guilty. For example, in an armed burglary of a dwelling (home), the State will attempt to bring the alleged victim to testify about what occurred. The State may as well rely on documents, like sworn statements from the alleged victim(s) or witness(es), or other evidence like photographs or toxicology reports. If the Court finds that the State has met their burden of proof evident or presumption great, the Defendant may be held without a bond.

Other ways a Defendant may be held without bond are when he or she is arrested for violating probation (VOP) or conditions of release while awaiting trial. If on probation and a violation is alleged, a judge will issue a warrant for his arrest that will state the bond amount, if any. Typically felony VOP’s will be given a no bond amount, and misdemeanors will be given a bond depending on the allegations of violation and prior record. If someone is out on bond or other conditions of release and commits a new offense or violates any conditions of his release, the State may request that he be taken into custody and held without bond until the case is resolved.

If you or someone you love has been cited or arrested for anything, contact criminal attorney Mark Lowry immediately to help understand the criminal process and how to fight your charges. We offer affordable payment plans and 24 hour service 7 days a week.