Legal Question in Criminal Law in Florida

My son is having an Arthur Hearing and the state told my sons attorney that he was willing to hear the case If we are willing to agree for the time being that there's enough evidence to justify a possible verdict of guilty. But my son is Not guilty. The attorney said this was the best way to go if we want to hear the case before the judge for a possible bond. My question is will this affect his not guilty plea when we take it to trial.


Asked on 12/03/09, 2:25 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

It sounds a bit odd, maybe your attorney did not explain the procedure to you properly. Typically in an Arthur Hearing the only thing that is discussed with the court are the facts listed in the arrest form. The court's first job was to determine if there was probable cause to hold your son in the first place. The court will most likely go back over this and if there is no probable cause or slim facts to go on, the court will be more inclined to grant a bond. If the arrest form says something like "we found the defendant hiding under the bushes in front of the residence with a bag of money, and gun, and the victim's wallet," then the probable cause is very high it would be hard to get a bond. After looking at the probable cause issue, the attorney will put on evidence or argument that your son is not a flight risk, family ties to the community, job in the community, and other reasons as to why the court should trust that he will show up for court and not flee south florida. If the court finds this very convincing then a bond may be issued, and if given, it is typically very high. This should not effect his not guilty plea since the only issue that might be conceded to is that the arrest form details a probable cause for the arrest, that doesn't necessarily mean your son is guilty of anything, only that the police thought he did something. If you need and further help, please do not hesitate to contact my offices.

All My Best,

Joseph Vredevelt

The Cochran Firm

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Answered on 12/15/09, 3:45 am


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