364) When can I get an Arthur Hearing? ~ #HaberPA Miami Criminal Defense DUI DV Bond Hearing Lawyer
Channel: Michael Haber
Date: 2020-04-26

Thanks for asking me “When can I get an Arthur Hearing?”

Before I tell you “when” let’s talk about the “what” and the “why”...

An "Arthur Hearing" is a bond hearing for someone who's being held on an otherwise non-bondable charge (for example, Murder or Armed Robbery).  Arthur Hearings are kind of like a mini-trials, except that the issue is bond (not guilt), the burden of proof is different, hearsay is admissible, the State can present affidavits instead of live witnesses (of course the defense can subpoena anyone it wishes) and the Judge (not a jury) makes the decision. 

There’s no FL statute which specifically governs Arthur Hearings and the authority to conduct them comes from the FL Supreme Court’s interpretation of Article 1 Section 14 of the FL Constitution in the 1980 case of St. V Arthur.  In that case the FL Supreme Court essentially held that even if someone is accused of a capital or life felony the Court still has inherent discretion to grant or deny bail after considering the unique facts and circumstances of a given case and a given Defendant.

That’s the “what” and the “why”, and here’s the deal with the “when”: In FL traditional bond hearings occur at one’s Initial Appearance, which is always within 24 hours of booking.  However, presumptively non-bondable charges will result in a “no bond hold” by the duty magistrate and so an Arthur Hearing has to be subsequently scheduled with the Judge who’s assigned to the case.  Because there’s neither a statute nor a State-wide standard every Judge - or at a minimum each of FL’s 20 Judicial Circuits - will have their own protocol for scheduling Arthur Hearings. While there’s no legal barrier to it happening immediately, Arthur Hearings are generally not set prior to charges being formally filed at Arraignment, so you can expect a minimum of 21 days before scheduling and more likely 30- 40 days before the actual Arthur Hearing occurs.  That said...

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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