Miami Lawyer » Practice Areas > State Criminal Defense > Bond and First Appearance
Bond and First Appearance
In the State Criminal Justice System, the person arrested, who is called the “defendant”, will usually be brought before a judge within 48 hours depending on the time of the arrest. The hearing is called a “first appearance” hearing, and after reviewing a copy of the probable cause affidavit and the criminal history of the defendant, the Judge will make the final determination as to what the bond amount shall be. In larger jurisdictions, there are pre-set bond amounts for certain crimes so many times defendants can bond out of jail before the first appearance hearing. Defendants charged with capital offenses like murder or life felonies or felonies punishable by life like burglary with a battery in a dwelling or kidnapping are not eligible for a bond and will be held “no bond”.
