What is an Arthur Hearing in Florida?

If you’ve been arrested for a crime in Florida, the judge will generally set bail or bond and release you onto the streets if you can pay. However, not every offense is bondable; serious offenses, like violent crimes, may not be bondable. In that case, the judge will hold an Arthur hearing to determine whether or not the defendant can be released before trial.

Arthur hearings are critical legal proceedings for defendants charged with serious offenses in the State of Florida. Since such offenses do not automatically qualify for bail, the hearing gives the defense a chance to advocate for pretrial release. A judge will determine whether sufficient evidence exists to keep the defendant detained or if bail can be granted with specific conditions. The judge’s decision will determine whether or not you can maintain your employment and stay connected with your loved ones while awaiting trial.

What offenses are non-bondable in Florida? 

Non-bondable offenses are considered so severe that Florida law will not permit the defendant to be released prior to their trial. The defendant must stay in custody unless they can convince the judge, during an Arthur hearing, that bail should be granted. Such offenses include capital and life felonies. They are among the most severe classifications of crimes in the State of Florida.

A defendant may need an Arthur hearing if they are facing any of the following offenses:

• Murder
• Armed robbery
• Kidnapping
• Sexual battery
• Armed burglary

Each of these offenses carries a harsh penalty, which makes the pretrial detention process even more challenging for a defendant. Without the Arthur hearing, the defendant could be jailed for months or even years before their case is resolved.

There are two phases to an Arthur hearing 

The Arthur is basically a mini-trial in which the defense and prosecution present arguments for or against pretrial release. However, unlike an actual trial, there is no jury; a judge determines the outcome. The hearing will represent the defendant’s only opportunity to secure their release while awaiting trial.

• Phase One: Evaluating the strength of the evidence – The Arthur hearing begins with testimony from the defendant as to why they should be released prior to their trial. The prosecution will bear the burden of proof to establish that the defendant’s guilt is “evident and the presumption is great.” The prosecution will present evidence that establishes the defendant’s guilt before the judge.

• Phase Two: Assessing eligibility for release – If the prosecution fails to meet the burden of proof, the judge then must decide whether to grant the defendant bail based on the defendant’s criminal history, the severity of the charges, and the defendant’s flight risk. The judge has broad discretion when it comes to setting bail. A strong legal defense is essential to a favorable outcome.

Talk to a Tallahassee Criminal Defense Lawyer Today 

Luke Newman, P.A. represents the interests of those charged with serious crimes in Tallahassee. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.