Bond Hearings

If you have a friend or family member who is in custody at any Florida jail, bond hearing lawyer Benjamin Herbst is standing by to fight for his or her release. Benjamin has successfully argued for the release of hundreds of defendants charged with even the most serious felony crimes. He is standing by anytime, 7 days a week to discuss your case, and is prepared to show up in all South Florida and Treasure Coast courts on short notice. Benjamin is available for a free consultation at (954) 543-0305, and has flexible office hours at his Fort Lauderdale and West Palm Beach offices. He handles first appearance bail reviews as well as motions for bail review if a defendant has been held no bond. Benjamin is also an experienced probation violation lawyer who files VOP bail review motions in all types of cases. Do not gamble with your freedom by expecting the judge to set a reasonable bail, as the odds of release go up substantially with a lawyer who is well prepared, and has the skill to execute an effective argument. You only get one shot at an initial appearance bail review, and judges are eager to move their dockets along quickly. Benjamin knows the right things to say and not say, and will make sure the judge has every helpful piece of information in order to make the right decision.

Any defendant who is arrest in Florida must be taken before a judicial officer within 24 hours for a first appearance hearing. The hearing will take place in person or the defendant will appear before the judge on a video monitor from the jail. The first thing that will occur is a reading of the charges, and then a determination whether there was probable cause for the arrest. If it is determined that probable cause existed to arrest the defendant the judge will then set the terms of release. In making this decision, the judge will consider numerous factors including the nature and circumstances of the offense charged, the defendant’s family ties to the community, the defendants prior criminal record and the weight of the evidence. Ideally the defendant will be released on recognizance or ROR, and be released in a matter of hours. A defendant could also be placed on pretrial release, which means certain conditions will be in place such as no contact orders (staying 500 feet away from a person or place), counseling, and refraining from drug and alcohol use. Some defendants may be ordered not to drive or travel as well. In many felony cases, or if the judicial officer finds the defendant may be a flight risk, there may be a monetary bail imposed that could be six figures or more depending on the charges. Recently the courts have discouraged high monetary bails, but they still exist throughout Florida. Many defendants facing felony charges are granted release on both pretrial and monetary bail, and some are held no bond. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in bail hearings, and is standing by to fight for the release of your friend or loved one in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie County jails. He has successfully argued lack of probable cause in numerous cases, and also knows how to secure ROR or a low bond amount.

Benjamin will always argue for his clients to be released ROR in order to avoid having to pay a bail bondsman or being subject to pretrial conditions. Bail bondsman take a 10 percent fee that is non-refundable simply for putting up an insurance policy in case the defendant fails to appear for court. If ROR is not possible, Benjamin will fight for a bail reduction that will make it more affordable to post bond. Pretrial release can also create sticky situations for defendants, especially those with domestic violence cases who have no-contact orders, and cases where drug testing is involved. It is too easy for an ex or other person to have a defendant’s pretrial release violated, so Benjamin fights to avoid pretrial conditions if possible. A defendant who is alleged to have violated a condition of pretrial release will likely be held no bond until the case is over, or until a lawyer files for a modification.

Anyone who is denied bail or pretrial release at initial appearance in could be forced to wait weeks for a court date, but South Florida bond lawyer Benjamin Herbst will never let this happen to his clients! He immediately files for bail reductions and/or modifications in all cases where his new clients are in custody, and will work tirelessly to have a hearing set in front of the presiding judge. Regardless of whether there is a no bond hold or simply a bail amount that is too high, Benjamin will do everything in his power to fight for release. Benjamin has secured the release of clients facing no bond holds in violations of probation, failures to appear and pretrial release violations throughout Florida, and he is standing by to do the same in your case.