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Motion to Release Defendant and Set Reasonable Bail

Broward Florida Motion to Release Defendant and Set Reasonable Bail

Name: Broward Florida Motion to Release Defendant and Set Reasonable Bail
Brand: US Legal Forms
Rating: 4.84 (354 reviews)

Category:

Criminal - Motions

State:

Multi-State

County:

Broward

Control #:

US-02728BG

Format:

Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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How to fill out Broward Florida Motion To Release Defendant And Set Reasonable Bail?

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FAQ

If you've been arrested for a felony offense, the court has 90 days to prepare and begin your trial.

Bail is a sum of money paid to the court or to the police. When the court case is over, the bail money is paid back even if the accused is found guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited.

Applying the cited jurisprudence, it is clear that an accused may file a motion to the court to fix the amount of bail even before his or her arrest. Nonetheless, once the amount of bail has been fixed, for purposes of applying for bail, such accused must already be in the custody of the law.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

Individuals who are released on recognizance bonds must appear for all future court dates and avoid any new criminal convictions. Violation of a ROR bond can lead to an alleged offender being arrested again and possibly denied bond.

Pretrial release is an alternative to incarceration that allows arrested defendants to be released from jail while they await disposition of their criminal charges. Florida has 29 pretrial release programs that provide supervision for defendants charged with a wide range of criminal charges.

Under Schedule One, Part IIA of the Bail Act 1976, a person is entitled to be granted bail at the first hearing at which he appears charged with an offence. If a remand in custody is sought, he may apply for bail using any argument of fact or law that he chooses.

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

After you've been arrested in Florida, you may qualify for a release on recognizance (ROR) under certain conditions. An ROR means that you are released from jail without posting bond so that you don't have to spend weeks or months behind bars while waiting for a court date.

A release on one's one recognizance is a court's decision to allow a person charged with a crime to remain at liberty pending the trial, without having to post bail.

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The person be released without posting a bond. Is your loved one awaiting a bond hearing after being arrested in Broward County?This will require the Defendant to remain in custody until a hearing date is set upon a motion for bond. Public library or in a law library at your county courthouse or a law school in your area. Notwithstanding, most cases should be completed within the time periods set forth in Florida Rule of. General Practice and Judicial Administration 2.250.

The defendant shall be afforded a reasonable opportunity to inspect the police report prepared by the arresting officer, the arresting officer's investigation reports, any photographs of the property or of the person to be arrested, any photographic identification showing the person's identity shall be given to him or her before the person is booked and before the person's bond is set. Is there an arrest record online for me? Yes. Find an arrest record online. Which agency does FILE deal with in an arrest? FILE has a number of agreements with local or state law enforcement agencies that allow it to investigate and assist in the investigation and prosecution of criminal violations. These agency agreements are known as “Certificate of Arrest” and each officer has an original “Certificate of Arrest.” You can find the original of those certificates at the sheriff's office, police department station, or county courthouse and on the internet.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Broward Florida Motion to Release Defendant and Set Reasonable Bail

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How to fill out Broward Florida Motion To Release Defendant And Set Reasonable Bail?

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Can a defendant be released without bail?

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