364) When can I get an Arthur Hearing? ~ скачать в хорошем качестве

364) When can I get an Arthur Hearing? ~

Thanks for asking me “When can I get an Arthur Hearing?” Before I tell you “when” let’s talk about the “what” and the “why”... An "Arthur Hearing" is a bond hearing for someone who's being held on an otherwise non-bondable charge (for example, Murder or Armed Robbery). Arthur Hearings are kind of like a mini-trials, except that the issue is bond (not guilt), the burden of proof is different, 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. There’s no FL statute which specifically governs Arthur Hearings and the authority to conduct them comes from the FL Supreme Court’s interpretation of Article 1 Section 14 of the FL Constitution in the 1980 case of St. V Arthur. In that case the FL Supreme Court essentially held that even if someone is accused of a capital or life felony the Court still has inherent discretion to grant or deny bail after considering the unique facts and circumstances of a given case and a given Defendant. That’s the “what” and the “why”, and here’s the deal with the “when”: In FL traditional bond hearings occur at one’s Initial Appearance, which is always within 24 hours of booking. However, presumptively non-bondable charges will result in a “no bond hold” by the duty magistrate and so an Arthur Hearing has to be subsequently scheduled with the Judge who’s assigned to the case. Because there’s neither a statute nor a State-wide standard every Judge - or at a minimum each of FL’s 20 Judicial Circuits - will have their own protocol for scheduling Arthur Hearings. While there’s no legal barrier to it happening immediately, Arthur Hearings are generally not set prior to charges being formally filed at Arraignment, so you can expect a minimum of 21 days before scheduling and more likely 30- 40 days before the actual Arthur Hearing occurs. 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! PLEASE SUBSCRIBE TO:    / michaelhaberlaw   At Michael A. Haber, PA "it's all about reasonable doubt"! 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: Office Phone: 305-381-8686 Toll Free Phone: 1-888-SHARK-8-1 Cellular Phone / Text: 305-798-2220 Website: www.criminallaw.miami E-Mail: Sharky910@aol.com / MAH@HaberPA.com Facebook: www.facebook.com/HaberPA Twitter: @Sharky910 Blog: www.habercriminallaw.blogspot.com/ #HaberPA Crime Criminal Law Criminal Lawyer Criminal Defense Criminal Defense Lawyer Miami Criminal Law Miami Criminal Lawyer Miami Criminal Defense Miami Criminal Defense Lawyer Criminal Attorney Criminal Defense Attorney Ft. Lauderdale Criminal Law Ft. Lauderdale Criminal Lawyer Ft. Lauderdale Criminal Defense Ft. Lauderdale Criminal Defense Lawyer Ft. Lauderdale Criminal Law Attorney Ft. Lauderdale Criminal Attorney Ft. Lauderdale Criminal Defense Attorney Broward Criminal Law Broward Criminal Lawyer Broward Criminal Defense Broward Criminal Defense Lawyer Broward Criminal Law Attorney Broward Criminal Attorney Broward Criminal Defense Attorney Palm Beach Criminal Law Palm Beach Criminal Lawyer Palm Beach Criminal Defense Palm Beach Criminal Defense Lawyer Palm Beach Criminal Law Attorney Palm Beach Criminal Attorney Palm Beach Criminal Defense Attorney DUI Driving Under the Influence DUI Law DUI Lawyer DUI Attorney Miami DUI Miami DUI Lawyer Miami DUI Attorney Ft. Lauderdale DUI Ft. Lauderdale DUI Lawyer Ft. Lauderdale DUI Attorney Broward DUI Broward DUI Lawyer Broward DUI Attorney Palm Beach DUI Palm Beach DUI Lawyer Palm Beach DUI Attorney Probation Probation Officer PO Probation Officer VOP Violation of Probation Probation Violation Probation Violation Hearing PVH Miami Probation Lawyer Miami Probation Violation Lawyer Miami VOP Lawyer Ft. Lauderdale Probation Lawyer Ft. Lauderdale Probation Violation Lawyer Ft. LauderdaleVOP Lawyer Broward Probation Lawyer Broward Probation Violation Lawyer Broward VOP Lawyer Palm Beach Probation Lawyer Palm Beach Probation Violation Lawyer Palm Beach VOP Lawyer DV Domestic Violence DVRO Domestic Violence Restraining Order Order of Protection Repeat Violence Stalking Harassment Bond Bail Bond Hearing Arthur Hearing No Bond No Bond Hold Initial Appearance BailBond Bail Hearing