Criminal Defense

BAIL & BOND HEARINGS

In the state of Florida, under most circumstances, any person charged with a crime is entitled to a bail hearing. In some cases, such as when the crime committed is considered a felony punishable by life in prison and sufficient proof exists, the defendant may not be entitled to a bond and must remain in jail. Otherwise, the type of bond and the amount required is determined by using local bond schedules. In Florida, most defendants appear in front of a judge within 24 hours of being arrested. It can be in your best interest to have an attorney appear along with you. The defense attorney can bring certain determining factors to the judge’s attention. These may include the defendant having strong community ties, a job, and no past criminal history. If the bond amount is too high for the family to afford, the attorney can file a motion to reduce the bail amount.

There are two different types of bonds. A cash bond is when a family member or friend of the defendant pays the entire amount of the bond. In most cases, if the defendant appears at all required court appearances and doesn’t violate the bail agreement, the bond may be refunded. However, if a plea bargain is taken by the defendant, legal fees may be deducted before the bond money is refunded. The second type of bond is called a surety bond. This is when a friend or family member uses the services of a bail bondsman. The person hiring the bondsman pays a percentage of the bail amount, and the bondsman posts the rest. Then, at the conclusion of the criminal case, the bondsman keeps the premium, or the initial payment from the family of the defendant.

Pretrial detention may be applicable in cases where the State meets its required burden of proof without reasonable doubt. In this case, the defendant is not eligible for bond and must remain in custody.

Pretrial release may include both a bond agreement and certain conditions of bail. Some examples are:

• No/limited contact orders
• No alcohol use or consumption
• Counseling or therapy
• Various other restrictions that are applicable to the specific case