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Bail and Bond in Florida: How Does It Work?
Introduction
If you or a loved one has been arrested in Florida, securing release from jail is often the top priority. The bail and bond system allows defendants to be released while awaiting trial, but the process can be confusing.
This guide explains how bail and bond work in Florida, the different types of bail, and how an attorney can help reduce or eliminate bail requirements.
What Is Bail?
Bail is a financial guarantee that a defendant will appear for their scheduled court dates. When bail is set, the defendant must pay a certain amount of money to the court in exchange for temporary release from jail. If they attend all required court hearings, the bail amount is refunded at the end of the case. If they fail to appear, the bail is forfeited, and a warrant may be issued for their arrest.
What Is a Bond?
A bond is an alternative to paying the full bail amount upfront. If a defendant cannot afford to pay bail, they can use a bail bondsman, who provides a bond to the court for a fee (usually 10-15% of the total bail amount). The bail bondsman is then responsible for ensuring the defendant appears in court.
If the defendant fails to appear, the bondsman may hire a bounty hunter to locate and return them to custody.
How Is Bail Set in Florida?
Bail is determined by a judge, who considers several factors, including:
- The severity of the crime
- The defendant’s criminal history
- Whether the defendant is a flight risk
- The likelihood of the defendant committing further crimes while on release
- Any ties to the community (employment, family, residence)
Each Florida county has a standard bail schedule that provides guideline amounts for common charges, but judges have the discretion to increase or decrease bail.
Types of Bail in Florida
There are several ways to secure release from jail, depending on the circumstances of the case.
1. Release on Recognizance (ROR)
For minor offenses, a judge may allow the defendant to be released without paying bail. Instead, they must sign an agreement promising to return for all court dates.
2. Cash Bail
The defendant or their family must pay the full bail amount directly to the court. If the defendant attends all court hearings, the money is refunded at the end of the case, minus any court fees.
3. Surety Bond (Bail Bondsman)
If the defendant cannot afford cash bail, they can hire a bail bondsman. The bondsman charges a non-refundable fee, typically 10-15% of the total bail amount, and provides a bond to the court.
4. Property Bond
A defendant can use real estate as collateral for bail. If they fail to appear in court, the court may seize the property.
5. Federal Bail Bonds
For federal cases, the bail process is stricter, and judges may impose additional requirements, such as house arrest or electronic monitoring.
What Happens at a First Appearance Hearing?
If a defendant is arrested, they typically appear before a judge within 24 hours for a first appearance hearing. The judge will:
- Review the charges
- Determine if bail is appropriate
- Set bail conditions (or deny bail if necessary)
In serious cases, such as murder or violent felonies, the judge may deny bail altogether.
Can Bail Be Reduced or Eliminated?
Yes. A criminal defense attorney can request a bail reduction hearing, arguing that:
- The defendant is not a flight risk
- The bail amount is excessive based on the charge
- The defendant has strong community ties and a stable job
- The defendant has no prior criminal record
In some cases, an attorney may convince the judge to grant Release on Recognizance (ROR) instead of requiring bail.
What Happens If You Skip Bail?
If a defendant fails to appear in court, they may face serious consequences, including:
- A bench warrant for their arrest
- Forfeiture of the bail money
- Additional criminal charges for failure to appear
- Bail bondsmen hiring a bounty hunter to locate and return the defendant to jail
Skipping bail can worsen legal consequences, so it’s important to comply with all court dates.
How a Criminal Defense Attorney Can Help
A criminal defense lawyer plays a key role in securing a fair bail amount. They can:
- Request lower bail or ROR
- Negotiate with the prosecutor to reduce charges
- Represent the defendant at bail hearings
- Help the defendant avoid unnecessary jail time
At Bonderud Law, we fight to ensure our clients get the fairest bail terms possible. If you or a loved one needs help securing release from jail, contact us today for a consultation.
Conclusion
Understanding Florida’s bail and bond system can help defendants and their families navigate the legal process more effectively. While bail is intended to ensure that defendants return to court, many people can have their bail reduced or eliminated with the help of an experienced defense attorney.
If you or a loved one has been arrested in Florida, speaking with a criminal defense lawyer as soon as possible is the best way to protect your rights and secure your release.