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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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When is an Arthur Hearing held

Resolved Question:

Can an Arthur Hearing be held soon after the pre-trial hearing that is held within about 72 hours after a defendant is brought into the miami-dade detention center or do you have to wait the 21 days until the charging document is filed to hold the Arthur Hearing?
Submitted: 5 years ago.
Category: Legal
Expert:  Sam replied 5 years ago.

An Arthur hearing is based on the fact that the charge is non-bondable. The Aruther hearing will allow a local attorney to make a plea for a bond. There needs to be charges, however, for the Arthur hearing to be set.

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Customer: replied 5 years ago.
I didn't ask what an Arthur Hearing was. I am in Nebraska, but under Florida law (I entered Nebraska previously but am looking for Florida law) when the hearing can be held. I know an attorney can file an application for an Arthur Hearing as soon as the pre-trial is done, but can the hearing be held prior to the 21 days that Miami-Dade County waits to post the charging document (They require that the charges be filed within 21 days). The charge is a non-bondable felony so no bail was allowed at the pre-trial hearing so an Arthur Hearing must be applied for. Question is - when can or would it be held?
Customer: replied 5 years ago.

After reading your response again, it sounds as it you are saying that the Arthur Hearing can't be held until after 21 days. So is there any way to get an appearance with a judge to see if a bond can be posted prior to the charging document being filed based on low presumption of quilt or risk?

Expert:  Sam replied 5 years ago.

Apologies for not being clear on your question. If the person is being held, charges are filed. The Hearing can be requested now. I not sure what 21 days you are referring to?

Customer: replied 5 years ago.

The following was taken from the Miami Dade Public Defenders website. We are being told that the Arthur Hearing cannot happen until the 21 days is up. - "For felonies, the charging document most commonly used is called an "information." The prosecutor has 30 days from the date of arrest to file the charging document. However, in Miami-Dade County, nearly all defendants are set for arraignment on felony charges on the twenty-first day after their arrest. If the charging document is not filed by the twenty-first day, and the defendant is in custody, his defense attorney can ask the judge either to release the defendant on his promise to appear in court or to hold an adversary preliminary hearing, which requires the State to produce evidence showing probable cause for the charges. Notwithstanding either defense request, if the prosecution intends to file a charging document, it will request an extension until the 30th day. On the 30th day, if the prosecution does not have a charging document, the court will order that the defendant be released on his own recognizance by the 33rd day, unless the state attorney files charges by that date. If the prosecution shows good cause, it can request to have the defendant remain incarcerated until the 40th day. No individual shall remain in custody for more than 40 days if no charging document has been filed."

Expert:  Sam replied 5 years ago.

Well, that would be correct. When you said intital pre-trial I thought you were referring to his arraingment. Thank you for the clarification. Yes, you need to wait. And no there is no other way to have a bond hearing.