Within the world of law, there are plenty of terms that may seem entirely more complicated than they really are due to unnecessary legal jargon. The term “Arthur Hearing” is one such example of legalese that conjures up confused faces for the layperson. For such a relatively simple phrase, there seems to be a lot of confusion surrounding it. With this blog, the experts at Piotrowski Law will help to decode what Arthur Hearings in Florida are all about.
What Is An Arthur Hearing?
For many crimes, a defendant may have the ability to pay money for bail. In fact, in the state of Florida, most everyone is legally granted the right to bail. However, for certain capital offenses (e.g.: murder), there is typically no option for bail. When this happens, the defendant may be able to ask for an Arthur Hearing. Unlike most court trials, the outcome will be determined by a single judge, and not a jury. Other than that, Arthur Hearings often resemble a small, expedient trial.
Some prime examples of non-bondable offenses include:
- Armed robbery
- Murder (as previously mentioned)
- Sexual battery
- Lewd conduct towards a child
- Armed burglary
If you have any questions about non-bondable offenses and how they pertain to your case, feel free to call our very own Miami criminal defense lawyer at Piotrowski Law. We are here to make sure that you know your rights, regardless of your situation.
How Is Bond Granted Through an Arthur Hearing?
In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. An Arthur Hearing consists of two parts: phase one and phase two.
In phase one of the hearing, the judge considers testimony in a mini-trial. The burden of proof is on the prosecution and she must establish that a crime was committed by showing “proof evident, presumption great.” This means that the prosecutor must show that there is no question of the defendant’s guilt. It is a very high burden.
In phase two of the hearing, the court considers whether a discretionary bond is appropriate. The court will consider certain factors, such as the seriousness of the crime, the defendant’s prior record and whether or not the defendant poses a flight risk or a danger to the community.
If a bond is awarded through an Arthur Hearing and you believe it to be too exorbitant, you may have the option to reduce your bond later. You may also request house arrest at this time. This may be done by demonstrating your inability to pay bail at the time of the Arthur hearing.
Need A Criminal Defense Lawyer in Miami? Call Piotrowski Law.
If you need a good criminal defense attorney to talk to about how Arthur Hearings can affect you or a loved one, our lawyers are always called. We believe that good legal representation starts with an informed client, and ends with hard-hitting attorneys that will fight for your rights.
For information regarding Arthur trials and bail, feel free to call the offices of Piotrowski Law at 305-204-5000 or complete our online contact form. We bring the best representation to you with three convenient locations all around South Florida.