Need a bond?

When a person is arrested they are entitled to see a judge within 24 hours. This is called a “First Appearance” hearing. A bond will be set at this hearing. However, the main purpose of the hearing is for the judge to review the arrest affidavit and make a finding as to whether or not the police had probable cause to make an arrest.

Many clients come to us after the first hearing in which a bond has been set. Many times the bond is too high. We can help.

The judge who did the first appearance is not the judge who will handle the case. We can review the arrest affidavit, speak with the person in jail and friends and family members and put together a motion to lower the bond. We can usually do this the same day the person is arrested.

What if the court has said there is no bond?

We may still be able to help. Here’s how:

There are two reasons why a court holds someone without bond: 1) The person is already out on bond and gets re-arrested, or the person is on probation and gets re-arrested; or 2) The person is charged with an offense punishable by life in prison.

If a person is out on bond or is on probation, it is very difficult to get them out on bond a second time. The new arrest constitutes a violation of the conditions of bond or probation. However, we have been successful in getting some clients out of jail under these circumstances. We need to review the new arrest, the old case, the probation violation affidavit and meet with the client and the family. At Woodward and Reizenstein, WE NEVER CHARGE FOR A CONSULTATION. THIS INCLUDES MEETING A CLIENT WHO IS IN JAIL.

Call us and let’s speak about the circumstances and see what we can do to help.

If the client is arrested on a life felony, this is also called “a non-bondable offense.” Sometimes, we can still help get the client out on bond. A few things have to happen. The first is that we need to speak with the prosecutor assigned to the case. Many times the police will arrest someone and charge him or her with a non-bondable offense because they want the person to stay in jail. When a lawyer reviews the facts, it may be clear that the police have over-reacted. In this situation, the prosecution will sometimes agree to a bond when we speak with them.

ARTHUR HEARING

If a person is charged with a non-bondable offense, they are still entitled to a bond hearing. This is called an “Arthur Hearing.”

The Arthur Hearing is like a mini-trial, with one notable difference: the prosecution can present certain evidence with a written affidavit. In all other proceedings in a criminal case, live witnesses must testify.

The judge at an Arthur Hearing is required to consider two factors:

1. Is there proof evident of guilt? This is a higher standard then “beyond a reasonable doubt.” We will be present at the hearing challenging the evidence and arguing that the proof is not sufficient to keep someone in jail.
2. The second factor is risk of flight and danger to the community. This means that the judge will examine whether the client has a prior record, and how long a client has lived in the community. Even if the judge finds that there is proof evident of guilt, her or she can still release a client with a finding that there is no risk of flight and no danger to community.

Arthur Hearings are special bond hearings for very serious felony cases. Phil Reizenstein handled murder and death penalty investigations and prosecutions as a Prosecutor in the Miami-Dade State Attorney’s Office. As a defense attorney, Phil has represented over a dozen individuals facing the death penalty. Not one client Phil has represented is on death row.

If you have a family member being held on a no-bond type of case, you will need experienced representation. We invite you to call us and speak with Phil about his qualifications and the case. We never charge for a consultation.