Facing criminal charges in Florida can be overwhelming; however, when those charges are classified as non-bondable offenses, the situation grows even more complex. Unlike standard bond hearings, where bail is set according to a schedule, defendants accused of serious crimes—such as capital felonies or violent offenses—must undergo an Arthur hearing to assess whether they can be released before trial.
An Arthur hearing is a critical legal proceeding for individuals charged with serious offenses in Florida. Since these charges do not automatically qualify for bail, the hearing allows the defense to advocate for pretrial release. A judge will assess whether sufficient evidence exists to keep the defendant detained or if bail can be granted under specific conditions. This decision can influence a person’s ability to prepare for their defense, maintain employment, and stay connected with loved ones while awaiting trial.
The outcome of an Arthur hearing can mean the difference between remaining in custody or securing release under court-imposed conditions. Given the high stakes, experienced legal representation is essential.
If you or a loved one is facing an Arthur hearing in Florida, contact Hager & Schwartz, P.A. for an appointment, and let us advocate for your rights and future.
What Necessitates an Arthur Hearing in Florida?
When someone is arrested in Florida, they are typically eligible for bail, which allows them to remain out of custody while awaiting trial. However, individuals charged with non-bondable offenses, such as capital felonies or violent crimes, do not automatically receive bail. Instead, these defendants must request an Arthur hearing, a specialized court proceeding that determines whether they can be released before their trial.
An Arthur hearing is a legal mechanism that allows defendants to argue for pretrial release, even after being initially denied bail due to the severity of their charges. This process is especially crucial for those accused of serious crimes, as remaining in custody while awaiting trial can hinder their ability to participate in their defense, disrupt their personal lives, and impose significant emotional and financial burdens on them and their families.
No Florida statute directly outlines the process for an Arthur hearing. Instead, these hearings are based on case law, primarily the ruling in State v. Arthur, 390 So.2d 717 (Fla. 1980). This case set the legal precedent that allows individuals charged with non-bondable offenses to argue for their release while awaiting trial.
What Are Non-Bondable Offenses?
A non-bondable offense is so severe that Florida law does not permit immediate pretrial release. The defendant must stay in custody unless they can persuade the court, through an Arthur hearing, that bail should be granted. These offenses generally include capital and life felonies, the most severe classifications of crimes in Florida.
Defendants facing the following serious charges may need an Arthur hearing to argue for pretrial release:
· Murder
· Kidnapping
Each offense carries harsh penalties, making the pretrial detention process even more challenging for defendants. Without an Arthur hearing, they could be jailed for months or even years before their case is resolved.
The Arthur Hearing Process: Two Phases to Pretrial Release
An Arthur functions as a mini-trial where the defense and prosecution present arguments; however, unlike a traditional trial, there is no jury—only a judge determines the outcome. This hearing often represents the defendant’s only opportunity to secure release while awaiting trial, making the process highly significant. In Broward County, Arthur hearings occur in Broward bond court.
Phase One: Evaluating the Strength of the Evidence
The hearing begins with testimony from the defendant and legal arguments from both sides. The prosecution bears the burden of proof and must establish that the defendant’s guilt is “evident and the presumption is great.”
Phase Two: Assessing Eligibility for Jail Release
If the prosecution fails to meet the burden of proof, the judge must decide whether to grant bail based on the defendant’s criminal history, the severity of the charges, and the defendant’s flight risk.
The judge has broad discretion in setting bail, meaning strong legal advocacy is essential for a favorable outcome.
The Defense’s Role: Arguing for Pretrial Release
The defense must challenge the prosecution’s case, showing that the evidence is not overwhelming or that the alleged crime does not warrant detention.
Attorneys may present mitigating factors, such as:
· The defendant’s strong community ties
· Employment and family responsibilities
· Lack of prior criminal record
· Willingness to comply with court-ordered restrictions
If the judge is convinced that the defendant is not a danger to society or a flight risk, they may grant bail with conditions.
Implications of bail being granted:
· Freedom while awaiting trial. The defendant avoids prolonged pretrial detention, allowing them to maintain their everyday life as much as possible.
· More effective legal defense. Working closely with an attorney outside of jail makes preparing for trial and gathering necessary evidence easier.
· Ability to handle personal responsibilities. The defendant can manage family obligations, employment, and financial matters, reducing disruptions to their life.
The Importance of Legal Representation in an Arthur Hearing Florida
An Arthur hearing can be a defendant’s only opportunity to secure pretrial release when facing non-bondable charges in Florida. Given that these hearings determine whether a person remains in custody or is released on bail, the outcome can significantly impact the defendant’s ability to prepare for trial, maintain employment, and stay connected with family. Because of the high stakes, having a skilled criminal defense attorney is not just beneficial—it’s essential.
Because an Arthur hearing is complex, a strategic legal defense is necessary to counter the prosecution’s arguments. While the prosecution initially has the burden of proof, the defense must actively challenge the evidence to show that the defendant is not dangerous to the community or a flight risk. Without a skilled attorney advocating for release, the chances of securing bail diminish significantly.
If you or a loved one is facing a non-bondable offense in Florida, contact Hager & Schwartz, P.A. for a free consultation.
