1. Miami Bail Bonds Law
Sec. 40-11-104. Release of defendants; authority
Any magistrate may release the defendant on his own recognizance pursuant to Sec. 40-11-
115 or Sec. 40-11-116 or admit the defendant to bail pursuant to Sec. 40-11-117 or Sec. 40-11-122
at any time prior to or at the time the defendant is bound over to the grand jury. The trial
court may release the defendant on his own recognizance pursuant to Sec. 40-11-115, admit
the defendant to bail under Sec. 40-11-116, Sec. 40-11-117 or Sec. 40-11-122, or alter bail or other
conditions of release pursuant to Sec. 40-11-144 at any time prior to conviction or thereafter,
except where contrary to law.
40-11-105. Right to bai Bail by clerkÑMaximum amounts. (a)(1) When the defendant has
been arrested and/or held to answer for any bailable offense, he is entitled to be admitted to
bail by the committing magistrate, by any judge of the circuit or criminal courts, by the clerk
of any circuit or criminal co urt; provided that if the defendant is admitted to bail by the clerk
of any circuit or criminal court, he has the right to petition the judge of such court if he feels
the bail set is excessive, and he shal be given notice of this fact by such clerk.
(2) The clerk of any circuit or criminal court may only admit the defendant to bail when the
judge is not present in the court and the clerk reasonably believes that he will not be present
within three (3) hours after the defendant has been committed to the county or city jail,
(b) In no event may a clerk set the amount of bail in excess of:
(1) One thousand dollars ($1,000) if the defendant was charged with a misdemeanor;
(2) Ten thousand dollars ($10,000) if the defendant is charged with a felony that does not
involve a crime committed against a person;
(3) Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a
crime committed against a person; or
(4) One hundred thousand dollars ($100,000) if the defendant is charged with some form of
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Sec. 40-11-114. Written undertakings; contents
Bail, when not given in open court, is given by a written undertaking, containing the
conditions of release, the agreement of the defendant to appear in the court having
jurisdiction of the offense as directed by the court and/or an amount to be paid for
nonappearance, signed by the defendant, and if made under Sec. 40-11-122(b) herein, signed
also by court-approved and sufficient surety or sureties. The written undertaking must be
approved by the officer taking same.
2. Miami Bail Bonds Law
40-11-115. Release on recognizance or unsecured bond-- Factors considered
(a) Any person charged with a bailable offense may, before a magistrate authorized to admit
him to bail, be ordered released pending trial on his personal recognizance or upon the
execution of an unsecured appearance bond in an amount specified by the magistrate.
(b) In determining whether or not such a person shall be released as provided herein and
that such a release will reasonably assure the appearance of the person as required, the
magistrate shall take into account:
(1) The defendants length of residence in the community;
(2) His employment status and history and his financial condition;
(3) His family ties and relationships;
(4) His reputation, character and mental condition;
(5) His prior criminal record including prior releases on recognizance or bail;
(6) The identity of responsible members of the community who will vouch for defendant's
(7) The nature of the offense and tha apparent probability of conviction and the likely
sentence, insofar as these factors are relevant to the risk of nonappearance; and
(8) Any other factors indicating the defendant's ties to the community or bearing on the risk
of willful failure to appear.
40-11-116. Conditions on release.
(a) If a defendant does not qualify for release upon recognizance under 40-11-115, then the
magistrate shall impose the least onerous conditions reasonably likely to assure the
defendant's appearance in court.
(b) If conditions on release are found necessary, the magistrate may impose one (1) or more
of the following conditions:
(1) Release the defendant into the care of some qualified person or organization responsible
fro supervising the defendant and assisting him in appearing in court. Such supervisor shall
maintain close contact with the defendant, assist him in making arrangements to appear in
court, and, where appropriate, accompany him to court. The supervisor shall not be required
to be financially responsible for the defendant, nor to forfeit money in the event he fails to
appear in court.
(2) Place the defendant under the supervision of an available probation counselor or other
appropriate public official.
(3) Impose reasonable restrictions on the activities, movements, associations and residences
of the defendant.
(4) Impose any other reasonable restriction designed to assure the defendants appearance,
including, but not limited to, the deposit of bail pursuant to 40-11-117.
3. Miami Bail Bonds Law
Sec. 40-11-117. Bail in lieu of conditions
Absent a showing that conditions on a release on recognizance will reasonably assure the
appearance of the defendant as required, the magistrate shall, in lieu of the conditions of
release set out in Sec. 40-11-115 or Sec. 40-11-116, require bail to be given..
40-11-118. Execution and deposit--Bail set no higher than necessary--Factors considered.
(a) Any defendant for whom bail has been set may execute the bail bond and deposit with
the clerk of court before which the proceeding is pending a sum of money in cash equal to
the amount of the bail. Upon depositing this sum the defendant shall be released from
custody subject to the conditions of the bail bond. Such bail shall be set as low as the court
determines is necessary to reasonably assure the appearance of the defendant as required.
(b) In determining the amount of bail necessary to reasonably assure the appearance of
the defendant while at the time protecting the safety of the public, the magistrate shall
consider the following:
(1) The defendant's length of residence in the community;
(2) The defendant's employment status and history and the defendants financial condition;
(3) The defendant's family ties and relationships;
(4) The defendant's reputation, character and mental condition;
(5)The defendant's prior criminal record and record of appearance at court proceedings or
of flight to avoid prosecution or failure to appear at court proceedings;
(6) The nature of the offense and the apparent probability of conviction and the likely
(7) The defendant's prior criminal record and the likelihood that because of such record the
defendant will pose a risk of danger to the community;
(8) The identity of responsible members of the community who will vouch for the
defendant's reliability; however, no such member of the community may vouch for more
than two (2) defendants at any time while charges are still pending or a forfeiture is
(9) Any other factors indicating the defendants ties to the community or bearing on the
risk of the defendant's willful failure to appear.
(Effective date: 7-1-96)
(c) (1) Whenever a court's judgment includes the requirement that the defendant pay a fine
or cost, the court may require that the payment of the fine or cost be secured by surety
bond or other appropriate undertaking if such defendant has a history of past due fines and
costs. A parent, guardian or other responsible party may be permitted to act as surety in
order to guarantee payment of the fine or cost.
(2) Notwithstanding any other provision of law to the contrary, unless the surety executes a
4. Miami Bail Bonds Law
bond agreement which specifically makes the surety liable for the fine, cost, or restitution,
no surety shall be held liable therefore without the surety's consent.
Sec. 40-11-122. Security; real estate or sureties
In lieu of the bail deposit provided for in Sec. 40-11-118, any defendant for whom bail has
been set may execute a bail bond which may be secured as provided in this section. The bail
may be secured by:
(1) Real estate situated in this state with nonexempt unencumbered equity owned by the
defendant or his surety worth one and one-half (1 1/2) times the amount of bail set. If the bail
bond is secured by real estate, the defendant or his surety shall execute a deed of trust
conveying the real estate in trust to the clerk who shall immediately file the deed of trust in
the office of the register of the county in which the real estate is situated. The costs of
preparation of the deed of trust and recordation shall be paid by the defendant;
(2) A written undertaking signed by the defendant and at least two (2) sufficient sureties,
and approved by the magistrate or officer. Such sureties under this section shall not be
professional bondsmen or attorneys; or
(3) A solvent corporate surety or sureties or a professional bail bondsman as approved,
qualified or regulated by Secs. 40-11-101 -- 40-11-144 and part 3 of this chapter. No bond shall
be approved unless the surety thereon appears to be qualified.
Sec. 40-11-123. Surety; sufficiency
(a) Each of the sureties shall be worth the amount expressed in the undertaking, subject to
the execution; but the court, magistrate or officer in taking bail, may allow more than two
(2) sureties to justify severally in amounts less than that expressed in the undertaking, if the
whole qualification be equivalent to two (2) sufficient sureties.
(b) The district attorney general, or the court, magistrate or officer, may examine the
sureties on oath touching their sufficiency, in such manner as he may deem proper. The
court or magistrate may also receive other testimony, either for or against the sufficiency of
Sec. 40-11-130. Bond or recognizances; duration
Where the defendant in a criminal case executes a bond or recognizance before any court or
other person authorized by law to take the same, for the defendant's personal appearance
before a court, to answer a criminal charge, the bond or recognizance shall be valid and
binding upon the defendant and the defendant's sureties thereon for the defendant's
personal appearance before the court from the time of arrest, preliminary hearing, bind over
to the grand jury and trial until the case is finally terminated or stricken from the docket and
the defendant discharged by the court. The defendant shall not be required to renew the
5. Miami Bail Bonds Law
bond or recognizance unless ordered to do so by the court because of the insufficiency of
the bond in amount or the insolvency of the same or on forfeiture of bail, or for other good
and sufficient causes; provided, that the sureties on the bond may surrender the prisoner
and be released on the bond as now provided.
Sec. 40-11-150. Domestic violence arrests; conditions of release
(a) In addition to the factors set out in Sec. 40-11-118, in making a decision concerning the
amount of bail required for the release of a defendant who is arrested for any criminal
offense defined in title 39, chapter 13, in which the alleged victim of the offense is a family or
household member as defined in Sec. 36-3-601, or is in violation of an order of protection as
authorized by title 36, chapter 3, part 6, the magistrate shall review the facts of the arrest
and detention of the defendant and determine whether the defendant is:
(1) A threat to the alleged victim or other family or household member;
(2) A threat to public safety; and
(3) Reasonably likely to appear in court.
(b) Before releasing a person arrested for or charged with an offense specified in subsection
(a), or a violation of an order of protection, the magistrate shall make findings on the record
if possible concerning the determination made in accordance with subsection (a), and may
impose conditions of release or bail on the defendant to protect the alleged victim of any
such offense and to ensure the appearance of the defendant at a subsequent court
proceeding. The conditions may include:
(1) An order enjoining the defendant from threatening to commit or committing specified
offenses against the alleged victim or other family or household member;
(2) An order prohibiting the defendant from harassing, annoying, telephoning, contacting or
otherwise communicating with the alleged victim, either directly or indirectly;
(3) An order directing the defendant to vacate or stay away from the home of the alleged
victim and to stay away from any other location where the victim is likely to be;
(4) An order prohibiting the defendant from using or possessing a firearm or other weapon
specified by the magistrate
6. Miami Bail Bonds Law
(5) An order prohibiting the defendant from possession or consumption of alcohol or
controlled substances; and
(6) Any other order required to protect the safety of the alleged victim and to ensure the
appearance of the defendant in court.
(c) If conditions of release are imposed, the magistrate shall:
(1) Issue a written order for conditional release;
(2) Immediately distribute a copy of the order to the law enforcement agency having
custody of the defendant; and
(3) Provide such law enforcement agency with any available information concerning the
location of the victim in a manner that protects the safety of the victim.
(d) The law enforcement agency having custody of the defendant shall provide a copy of the
conditions to the defendant upon the defendant's release. Failure to provide the defendant
with a copy of the conditions of release does not invalidate the conditions if the defendant
has notice of such conditions.
(e) If conditions of release are imposed without a hearing, the defendant may request a
prompt hearing before the court having jurisdiction of the offense for which the defendant
was arrested or is charged to review the conditions. Upon such a request, the court shall
hold a prompt hearing to review the conditions. Punishment for a violation of any condition
of release shall be as provided by law.
(f) When a defendant who is arrested for or charged with an offense specified in subsection
(a) or with a violation of an order of protection is released from custody, the law
enforcement agency having custody of the defendant shall:
(1) Use all reasonable means to immediately notify the victim of the alleged offense of the
(2) Furnish the victim of the alleged offense at no cost a certified copy of any conditions of
(g) Release of a defendant who is arrested for or charged with a crime specified in
7. Miami Bail Bonds Law
subsection (a) or with a violation of an order of protection shall not be delayed because of
the requirements of subsection (f).