363) What is an Arthur Hearing? ~ #HaberPA Miami Criminal Defense DUI Domestic Violence Lawyer
Channel: Michael Haber
Date: 2020-04-26

Thanks for asking me “What is an “Arthur Hearing”?”

An "Arthur Hearing" is a specially set bond hearing for someone who's being held on a presumptively non-bondable charge (for instance Murder or Armed Robbery).  The purpose of an Arthur Hearing is for a Judge determine, based upon the unique facts and circumstances of that given case, whether or not the accused should be afforded pretrial release.  Arthur Hearings are kind of like a mini-trials, except that the issue is bond (not guilt), 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. 

Like a trial, at an Arthur Hearing the State bears the burden of proof, but the standard here is different: Instead of proof BARD, at an Arthur Hearing the State’s burden is: “proof evident / presumption great”.  Rather than giving you a convoluted legal explanation of what that means, let’s just say that in order to get bond after an Arthur Hearing the Court must have been persuaded that either "the proof of your guilt is not entirely evident, or, that the presumption of your guilt is not all that great" - in other words, the State’s evidence of your guilt has to be lacking in proof.  However, and even if the State fails to meet it’s burden of proof, in order to establish a bond for an otherwise presumptively non-bondable offense, the Court’s gonna also have to conclude that your release neither poses an immediate danger to the community nor a risk of flight to the Court.

The Silver linings is that even if you don’t get a bond you’ll still likely get collateral / side benefits from an Arthur Hearing.  For instance, you’ll get to preview the State's case against you and to secure sworn testimony from the State’s key witnesses against you, both of which can be invaluable tools as you prepare to defend what are, by nature, the most serious of criminal charges. 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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