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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.

Last reviewed: September 2026

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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 After a Plea or Conviction Quick Answers

Bail and bond are two different things, and Miami-Dade's timeline moves fast after an arrest. A few core questions come up before most people even get to the details.

The actual difference between bail and bond
What happens in the first 24 hours after arrest
Whether cash, surety, or property can be used to pay
What "non-bondable" means and when it applies
Whether bond status changes after a plea or verdict
How to get someone released quickly

The Basics

Bail and Bond Are Not the Same Thing

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

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.

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.

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.

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.

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.

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. See our full breakdown of how first appearance hearings work in Miami-Dade, and our guide on what to do if you're arrested in Miami-Dade for the hours right before it.

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.

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, see our post on Florida's HB 277 domestic violence law for a recent legislative update, our explainer on the difference between an injunction and a restraining order if a protective order is also involved, and, if the charge itself is disputed, our post on being falsely accused of domestic violence in Florida.

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 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, and, if the charge itself is domestic violence, our post on whether a domestic violence charge affects immigration status.

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.

After a Plea or Conviction

Bond Status Changes Once a Plea or Verdict Happens

Everything above covers the pretrial process. What happens to bond status after a plea or conviction is a separate question, and Florida law changed it recently.

Before July 2026, judges had discretion

A judge could allow a convicted person to remain free on bond between conviction and sentencing, a gap that could run weeks or longer depending on the court's calendar.

Missy's Law removed that discretion

Effective July 1, 2026, Florida's Missy's Law (House Bill 445) requires a court to immediately remand a person to custody, with no possibility of bond, the moment they plead guilty, plead no contest, or are found guilty of a dangerous crime. This applies while sentencing is pending, even if they intend to appeal.

The dangerous crime list here is different from the pretrial one

Missy's Law's dangerous crime list is not the same statute as the pretrial nonmonetary-release rule under Fla. Stat. §907.041(4)(b) referenced above. Missy's Law covers 27 categories, including aggravated assault, aggravated battery, robbery, carjacking, kidnapping, manslaughter, and sexual battery, along with certain computer pornography and child exploitation offenses added by the same bill.

This changes plea strategy on qualifying charges. Entering a guilty or no contest plea now means custody the same day, regardless of the eventual sentence. See our full breakdown of Missy's Law and what it means for plea timing, our guide on what to know before deciding on a plea deal, and our Legal Terms Glossary for how a no contest plea differs from a guilty plea in other respects.

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. See our post on what happens with a drug possession charge in Florida for the more common version of a drug case.

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.

What is Missy's Law and how does it affect bond?+

Missy's Law, effective July 1, 2026, requires a court to immediately remand a person to custody, with no possibility of bond, the moment they plead guilty, plead no contest, or are found guilty of a dangerous crime. This differs from everything else on this page, since it applies after a plea or verdict, not during the pretrial process.

Is Missy's Law the same as the pretrial dangerous crime rule?+

No. Missy's Law governs custody after a plea or conviction and uses its own list of 27 dangerous crime categories. The pretrial dangerous crime rule under Fla. Stat. §907.041(4)(b), covered elsewhere on this page, governs nonmonetary release at first appearance, before any plea or verdict. The two lists are not identical.

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. For the bigger picture, see our Criminal Case Timeline, our Areas We Serve page, and if your first appearance is by video, our Zoom Court Hearing Guide. Deciding whether to hire a lawyer? See our posts on getting a lawyer before an arrest happens, whether you need a lawyer after an arrest, and what to ask before you hire a criminal defense lawyer.

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