Since the start of the new year, several people accused of crimes in Miami-Dade County were forced to wait in jail to see a first-appearance judge instead of bonding out as quickly as possible.
Florida law requires people to go before a first appearance judge within 24 hours of an arrest. There is no entitlement for inmates to be released before a first appearance. However, in Miami-Dade, because of the volume of arrestees, it’s been a practice for people not considered “high-risk” to pay a bond and be released shortly after an arrest.
What are the new law changes regarding bonds?
Chief Judge of the Eleventh Judicial Circuit Nushin G. Sayfie told NBC6 that the Florida legislature and governor signed off on several new laws.
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Judge Sayfie says most of the responsibility now lands on the Miami-Dade Corrections and Rehabilitation Department.
“If you get arrested for any felony at all — let’s say possession of cocaine — theoretically, corrections is now supposed to screen you and make sure that you are not on pre-trial release, probation, community control in this state or any other state,” Judge Sayfie said.
Information, Judge Sayfie says, might be difficult to obtain in a short time.
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This could explain some of the delays people trying to bond out faced this week. Judge Sayfie assumes corrections would rather let the case be reviewed by a judge than be released in error.
Offenses that now require a first appearance
As of Jan. 1, anyone arrested for burglary and robbery offenses, battery on a law enforcement officer, resisting an officer with violence, among many others, will have to wait for a first appearance judge to grant a bond and decide release conditions.
“Unfortunately it ends up that there are people who are not probably high-risk who end up being in jail for a short period of time," Judge Sayfie said. "That is sort of the downsize, but I believe I can’t speak for the legislature or governor but I will presume a large part was public safety."
Miami-Dade could see the jail population increase and more people not able to afford bond because of the new laws, according to Judge Sayfie.
NBC6 reached out the the Miami-Dade Department of Corrections regarding the bond-out delays. In response, a spokesman said, "This is due to a new state law which took effect this year."
During bond court this week, judges were told there was a data entry problem at the Department of Corrections, which caused the bond out issues. No other details were provided on this matter.
