Miami Federal Bail Bonds Attorneys

Protecting Your Rights & Fighting for Your Freedom

Often, people are arrested in the early morning hours when law enforcement agents storm their home. Many people are arrested by federal authorities on Friday afternoon so that they remain incarcerated until Monday, when they appear in court before a United States Magistrate Judge. Agents also enjoy arresting people before holidays, so that they remain in jail until the next workday. They want the person arrested to feel the full impact of being in jail, knowing that most defendants will be released on bond soon after their arrest and after hiring an attorney. Then, the chances of an arrestee providing a confession or other incriminating statements drop drastically. There is a saying in law enforcement that “you can beat the rap, but you can’t beat the ride.” In other words, you may ultimately win the case, but you are going to go to jail and spend time there prior to being released. Most police and federal agents like that. Contact our Miami federal bail bond attorneys for more information.

Bail / Posting Bond

If you are arrested, you will want to be released from custody as soon as possible on the lowest possible bond, and you will want to use the services of a reputable bail bondsman. A respected criminal defense lawyer specializing in federal criminal cases can recommend an honest, reliable bail bondsman.

In federal courts, bonds are typically posted by licensed bondsmen who work for insurance companies that promise to pay the full bond amount to the court if you fail to appear in court when you are required to do so. The typical charge for their services in federal cases is 15% as their “premium.” In Florida, bond premiums are 10% when a corporate surety bond is posted. In other words, if your bond is set at $100,000, you will need to pay $15,000 dollars to the bondsman, and often post collateral equal to the full amount of the bond. Using our example of $100,000 corporate surety bond, in addition to the $15,000 premium, you will usually be required to post assets (such as a mortgage on your home, real estate, jewelry, or other property) to collateralize your bond. That way, if you fail to appear for court when required to do so, the bonding company will move against your posted assets to recover the money that they will have had to pay to the court due to your non-appearance.

Once you are arrested, the first thing you should do is hire a respected and experienced criminal defense attorney in Miami to represent you. Your criminal defense attorney will coordinate all matters relating to bond with your family and friends so that the process goes quickly and efficiently and so you can be released at the earliest possible time.

It is a common mistake to call a bail bondsman before retaining a criminal defense attorney. Not all bondsmen are reputable, and you will be well-advised to discuss which bondsman should be called with your criminal defense attorney.

Eligibility for Bond

Many people believe that when you are charged with a federal crime, you are always eligible to be released on bail. But that is not the case. Section 3142 (f) of the Bail Reform Act specifically lists six types of cases for which a person charged can be held in custody without bail (the ability to post a bond and be released).

Those six cases are:

1. Where the defendant is charged with a crime of violence.
2. Where the maximum statutory penalty for the crime charged is life imprisonment or death.
3. Where the defendant is charged with a Title 21 drug offense carrying a maximum penalty of 10 years or more.
4. Where the defendant is charged with any felony and has two previous convictions for crimes described in the categories above.
5. Where there is a serious risk of flight – in other words, that the defendant will flee jurisdiction.
6. Where there is a serious risk that the defendant will obstruct justice or intimidate, injure, or threaten a prospective juror or witness.