When you are arrested in Florida and charged with a non-bondable offense, you cannot post a bond after your arrest like you can in most cases.
Non-bondable, of course, means that no bond is set. Your criminal defense attorney must schedule an Arthur Hearing.
An Arthur Hearing is a special bond hearing for defendants charged with non-bondable crimes. A non-bondable crime is an offense that is punishable by a maximum sentence of life in prison. Non-bondable crimes include murder, sex offenses on children under 12, kidnapping, armed robbery, burglary with an assault or battery, armed burglary, and armed trafficking.
Even though you are denied a bond at first, a judge still has the authority to issue a bond after an Arthur Hearing is held.
Now some people mistakenly believe that you must wait until charges are formally filed in order to schedule an Arthur Hearing. This would mean waiting anywhere from 21-40 days to attempt to secure a bond.
This is not at all true. Florida law allows a court to hold an Arthur Hearing at anytime after the arrest. There is no period of time a person must sit in jail before they attempt to secure a bond.
When you are arrested for a non-bondable offense, you may have limited access to the outside world. Your friends and family members may certainly enlist the help of a criminal defense attorney who can come see you in jail, discuss your case, and immediately schedule an Arthur Hearing.
Sitting in jail is one of the worst experiences a human can endure. Don't make it lost any longer than it has to.
Eric Matheny is a criminal defense attorney serving clients in Miami-Dade, Broward, and Palm Beach.