Miami Bail & Bond Attorneys

How Bail Works in Miami and How It’s Paid

Bail is the amount of money set by the court to ensure that the person charged with a crime returns for future, scheduled court appearances. A judge typically decides whether to issue bail and how much it will be at the defendant’s first court appearance, often called the arraignment or bond hearing. Bail payments allow the person arrested to be released from jail while their criminal case is pending. Simply put, cash bail works as a security deposit requiring the defendant to appear to their respective court dates. If the defendant appears to court, the county refunds most of the money paid. If they fail to appear, however, the court can keep the bail and issue a warrant for their arrest, or a bench warrant.

A bond is a financial agreement made with a bail bondsman or bonding company to pay the bail amount issued by the court. Instead of paying the full bail amount, a defendant (or their family) would pay a percentage (typically 10%) to a bondsman, who then posts the full bail on the defendant’s behalf. The bondsman keeps the 10% fee whether or not the case is dismissed or the defendant is found not guilty.

What Judges Consider Before Setting Bail

When deciding on whether to issue bail and how much to set the bail amount, a judge considers:

1. 1. The seriousness of the offense

   2. The defendant’s criminal history

   3. Flight risk (likelihood of fleeing)

   4. Ties to the community (job, family, housing, etc.)

   5. Public safety risk

Our criminal defense attorneys at Arias and Pereira, PLLC understand how stressful it is when you or a loved one is behind bars and how the biggest concern is getting them out of jail as quickly as possible. Our team has witnessed how high bail amounts can keep people in custody simply because they can’t afford to pay. At A&P, we work tirelessly and aggressively to reduce bail for our clients and facilitate our clients’ release.