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Getting Out of Jail After a Domestic Violence Arrest in Miami

After the coronavirus quarantine was announced, criminal justice professionals knew that an increase in domestic violence cases was imminent. When citizens are forced to stay home, and day to day pressures are heightened, arrests for domestic violence are bound to grow. So what happens after you or a loved one are arrested for domestic violence? As a criminal defense law firm, we know the priority is getting the arrestee out of police custody/jail. Let us discuss how to do that.

After a domestic violence arrest in Miami Dade County, the arrestee will be taken to Turner Guildford Knight Correctional Center (TGK), located at 7000 NW 41st Street, Miami, FL 33166.  When they arrive at TGK, the arrestee’s information  will be processed into the jail’s intake system. Based on their charges, arrestees will be given a bond that will reflect their charges and the statutory bond amount for each charge. Most non-violent offenders are able to bond out at this point, but domestic violence arrestees cannot. It sounds unfair, but even though the arrestee has a known statutory bond, they cannot bond out at this time because they have not seen a judge. 

Domestic violence arrestees are treated differently and cannot bond out before seeing a judge. In Miami’s criminal justice system, an arrestee for domestic violence cannot be let out of jail until a judge enters an injunction or “Stay Away” order, prohibiting the arrestee from having any contact with the victim of the domestic violence case. 

Legally, arrestees must be brought before a judge within 48 hours, however, in Miami, this process is done within 24 hours. Once the arrestee is brought before the judge to have the stay away order entered, the judge can either increase the statutory bond, decrease the statutory bond, or allow the arrestee to be released on pre-trial services. Pre-trial services does not require a cash bond be paid, but does require regular check-ins during the life of the case and many arrestees prefer to pay the cash bond and not be subjected to the check-ins and court monitoring. 

If you or a loved one has been arrested for domestic violence, contact our office immediately for a free consultation. We regularly represent clients for domestic violence charges and have a wealth of knowledge in the field. Our domestic violence attorney in Miami is a former state prosecutor and knows the state attorney’s playbook in such cases. You can reach our office at (305) 440-5160 or visit our website at www.strolenylaw.com.


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