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Miami-Dade Guide

How Does Bail Work in Miami-Dade?

What happens in the first 24 hours after an arrest, how bail amounts get set, and what your actual options are for getting someone out.

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Florida's bond rules follow a statewide schedule that changes every year. Under Fla. Stat. §903.011, the Florida Supreme Court adopts a Statewide Uniform Bond Schedule effective January 1 each year, which Miami-Dade's Eleventh Judicial Circuit uses to guide, but not strictly bind, first appearance and bond decisions. If someone you know was arrested recently, don't assume last year's numbers or last year's rules still apply.
The Basics The First 24 Hours Types of Bond Quick Answers
The Basics

Bail and Bond Are Not the Same Thing

These two words get used interchangeably, and they mean different things.

1

Bail is the dollar amount

Bail is the amount a judge sets to secure someone's release while the case is pending. It's a number, not a payment method.

2

Bond is how you pay it

A bond is the actual mechanism for satisfying that dollar amount, whether that's cash, a surety bond through a licensed bondsman, or property pledged as collateral.

3

ROR skips both

Release on recognizance means the judge lets someone go without requiring any payment at all, based on a written promise to appear. This is more common for lower-level, non-violent charges and strong ties to the community.

The First 24 Hours

What Happens Right After an Arrest

Miami-Dade's timeline is fast, and knowing the sequence matters if you're the one on the outside trying to help.

1

Booking

After arrest, the person is taken to a Miami-Dade Corrections facility for fingerprinting, photographing, and processing. This alone can take several hours before any bond information is available to family.

2

Standard bond, if eligible

For many charges, a standard bond amount is set by a pre-written schedule. If the person can pay it, release can happen without ever seeing a judge first.

3

First appearance within 24 hours

If the standard bond can't be paid, or the arrest involves a domestic violence charge, a violation of probation, or a non-bondable offense, the person stays in custody and is brought before a judge within 24 hours. Miami-Dade holds first appearance hearings seven days a week, including holidays, at the Richard E. Gerstein Justice Building, in person or by video. On weekends, they follow immediately after the 9:00 AM misdemeanor arraignments. For a full breakdown of what to do in the hours right after an arrest, including how to locate someone in custody, see our guide on what to do if you're arrested in Miami-Dade.

4

The judge sets conditions

At first appearance, the judge considers the charge, prior record, ties to the community, and risk of flight or danger under Fla. Stat. §903.046, then sets bail or other release conditions under §903.047. This is the moment where having an attorney present can change what happens.

5

Release, once bond is posted

Once a bond is posted, release from the facility typically takes several more hours, sometimes longer depending on how busy the jail is.

Domestic violence arrests follow a stricter rule. Florida law requires a first appearance before any bond can be set or posted, no matter how minor the standard bond schedule would otherwise treat the charge. Read more about how domestic violence cases are handled differently from the moment of arrest.
If the person arrested is not a U.S. citizen, posting bail carries a separate risk. Florida law requires local jails to cooperate with federal immigration enforcement, and Miami-Dade specifically has officers screening bookings for immigration status. An ICE detainer can mean someone is transferred directly to federal custody at the moment they would otherwise be released on bond, rather than actually walking free. This is worth discussing with an attorney before posting bail, not after. See our related coverage on how immigration status intersects with a criminal case.
Types of Bond

Cash, Surety, and What Non-Bondable Means

Not every option is available for every charge.

Bond Type
How It Works
What to Know
Cash Bond
Full bail amount paid directly to the court
Returned at the end of the case, applied toward any fees owed, assuming all court dates were kept.
Surety Bond
A licensed bail bondsman posts the full amount
Standard fee is 10% of the bail amount, paid to the bondsman and not refundable. Collateral may be required for larger bonds.
Release on Recognizance
No payment required
Available at the judge's discretion for lower-risk defendants with community ties.
Pretrial Services
Supervised release without cash bond
A Miami-Dade program that can include check-ins or electronic monitoring in place of a monetary bond. Eligibility depends on the charge and background.
Non-Bondable Offense
No bond amount set at all
Applies to offenses like murder, sexual battery, and kidnapping. The defendant can request an Arthur hearing, where a judge decides whether pretrial release is possible under any conditions.

Summary of the standard Miami-Dade bond framework. Actual eligibility and amounts depend on the specific charge, the person's record, and the judge presiding over the case.

What bail has looked like in Miami-Dade: standard bond amounts have run around $1,000 for a first DUI, $7,500 for aggravated battery, and $10,000 for grand theft in the $10,000 to $20,000 range. These numbers shift as the Florida Supreme Court's Statewide Uniform Bond Schedule gets reissued each year, so treat them as a starting point, not a guarantee for a specific case. A judge can always set an amount above or below the schedule based on the facts. For DUI-specific consequences beyond bail, including the separate license suspension clock, see our DUI and traffic page.
Quick Answers

Common Bail Questions

What is an Arthur hearing?+
An Arthur hearing is a Florida pretrial detention hearing available to someone charged with a non-bondable offense. At the hearing, the judge decides whether the person should be released pending trial, and under what conditions, despite the charge normally carrying no bond at all.
How much does a bail bondsman charge in Florida?+
The standard fee is 10% of the total bail amount. This fee is set by the state and is not negotiable between bondsmen. For a $10,000 bond, that means a $1,000 fee, which is not refunded even if the case is later dismissed.
Can I get released without paying anything?+
Sometimes, through release on recognizance or Miami-Dade's Pretrial Services program. A judge can release a defendant on a written promise to appear, without requiring bail. This is more common for lower-level, non-violent charges, and stronger ties to the community, such as steady employment or local family, make it more likely.
What happens if there is no standard bond for the charge?+
Certain offenses, including murder, sexual battery, and kidnapping, are non-bondable under Florida law. No amount will secure automatic release. The only path to pretrial release is an Arthur hearing, where the defense has to make the case directly to a judge.
Why is bail higher or lower than I expected?+
Judges consider the severity of the charge, the person's criminal history, whether they've missed court before, ties to the community, and any perceived risk to public safety under Fla. Stat. §903.046. Two people facing similar charges can end up with very different bail amounts based on these factors.
Can a lawyer get bail reduced?+
Often, yes. An attorney can argue for a lower bail amount, push for non-monetary release, present evidence of community ties, or challenge a no-bond request at first appearance or in a later bond reduction motion. Having representation in place before that first hearing can change the outcome.
Does a domestic violence arrest work differently?+
Yes. Florida law requires a first appearance before a judge before any bond can be set or posted in a domestic violence case, regardless of what the standard bond schedule would otherwise allow. The person stays in custody until that hearing, even for charges that would normally allow immediate release elsewhere.
Is Miami-Dade's bond schedule different from Broward's?+
Bond schedules are set separately by each judicial circuit's chief judge, so amounts can vary by county for similar charges. Miami-Dade's schedule has generally run somewhat lower than Broward's for comparable offenses, though this varies by charge and can change with policy updates.
What is a Nebbia requirement?+
A Nebbia requirement is a condition a judge can attach to a large bond, most often in drug trafficking cases, requiring the defendant to prove the money used to post bond came from a legitimate source. This can mean producing bank records, pay stubs, or sworn affidavits before the bond is accepted. It's meant to prevent bail money from coming out of the same alleged criminal proceeds the case is about.
Can someone be denied a standard bond release even for a lower-level charge?+
Yes, if the charge qualifies as a dangerous crime under Fla. Stat. §907.041(4)(b). In those cases, nonmonetary release is generally not available at first appearance, though a judge retains discretion to allow release on electronic monitoring or recognizance if the facts support it.
What is Miami-Dade's Pretrial Services Program?+
Pretrial Services is a Miami-Dade program that can supervise a defendant's release without requiring a monetary bond, sometimes through check-ins, electronic monitoring, or other conditions instead of cash. Eligibility depends on the charge and the individual's background. Not every case qualifies, and pursuing this option is something an attorney can raise directly at first appearance.
Speak With Andre

Someone You Know Was Just Arrested?

The first hearing happens fast, and having an attorney involved before it starts changes what's possible. Initial consultations are free and confidential, with no obligation to retain.

See our full guide to what to do right after an arrest, our Courtroom Etiquette FAQ, or our South Florida Courthouse Directory.

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