Criminal Defense Law Firm

Jacksonville, Florida

The Right to Bail Bond

If you are arrested in the state of Florida, you have the right to a reasonable bail bond before trial, pursuant to the Florida and U.S. Constitutions. Often we can help have a reasonable bail bond set or can file a motion for the Court to reduce a bond that has already been set. An arrest due to a felony or misdemeanor means you will be taken to jail and "processed." Knowing about your right to bail and bond is your first step in your fight for your freedom.

What is Bail Bond
Bail bond refers to the cash or cash-equivalent that an arrested person gives to a Court to ensure that he or she will appear in Court when ordered to do so and/or will not flee the jurisdiction if he or she is released on bail. The bail bond must be of a reasonable amount. The bail bond is usually required for pre-trial release.

Why Bail Bond is required
The purpose of bail bond is to allow an arrested person to retain his or her freedom until he or she is tried, to ensure that he or she shows up at subsequent criminal proceedings, and to protect the community against the probability of unreasonable danger posed by the defendant. The amount of bail bond must be no more than what is reasonably necessary to keep him or her from fleeing before a case is handled. If the defendant appears in Court at all his/her scheduled time of appearances, the Court refunds the bail. But if the defendant does not show up, the Court keeps the bail, and issues a warrant for the defendant's arrest. If a person cannot afford to post the entire bail bond we can help you find a Bondsman who will help post the bail bond for a fee.

When Bail Bond is Determined
In Duval, Clay and Nassau Counties within twenty-four hours of a person's arrest, he/she will see a judge who will determine what the bail bond will be. Once the judge determines the bail bond, the defendant pays the bail bond in order to be released from jail.

Standard Bond Schedule
For some offenses, after you've been arrested and "processed" you will be given a "standard" or "set" bail amount, unless you are charged with a very serious crime or a non-bondable offense. This standard bond schedule allows a person who is arrested to "bond out" without going to Court or seeing a judge. The schedule is based on a predetermined amount set by the Court system. The amount of bond is generally determined by the seriousness of the crime alleged to have been committed.

If Your Crime is not in the Standard Bond Schedule
If the crime allegedly committed is not on the listed in the standard bond schedule you will be brought in front of a judge within twenty-four hours. At this bond hearing, sometimes referred to as a first appearance, the Court has the duty to determine whether the arrest affidavit supports a finding of probable cause. If there is no finding of probable cause, the judge must order that the defendant be released on his/her own recognizance. If the judge finds probable cause, the judge must then set a reasonable bail bond unless the defendant does not qualify for bail bond.

Reducing Bail Bond
Generally, the nature of the particular crime charged is what primarily determines how much bond you will need to post. However, if you cannot afford the bond, your criminal defense lawyer may request bond reduction and present to the judge certain factors to consider in your particular case for the purpose of negotiating the reduction of your bond. For example, you criminal defense lawyer may request the judge to consider your lack of any prior criminal record, your standing in the community, your family ties, your employment -- these are some of the factors, along with many others, that your criminal defense law firm may find helpful in getting the judge to reduce your bond.

Some Factors That May Influence Reduction of Bail Bond
The following is a list of some of the factors your criminal defense lawyer may present to the judge for consideration in the setting of a reasonable bail bond for your case (for the purpose of reducing the amount of your bail bond):

• The nature of the offense
• The circumstances leading to or surrounding the offense charged
• The weight of the evidence against defendant
• The defendant's mental condition, length of residency in the community, employment history, financial resources, and family ties, which may lower the probability of the alleged criminal to flee or commit another crime
• The defendant's history of convictions, past and present conduct, including any record of previous flight to avoid prosecution or failure to appear at Court proceedings
• Whether the defendant is on any probation, parole, or other release pending completion of sentence or already on release, pending resolution of another criminal proceeding
• The probability of danger that the defendant poses when he/ she is released into the community and the probability of intimidation and danger to victim/s
• The defendant's source of the funds used to post bail

Bail Bondsman
The bail bondsman typically receives a premium - a fee of 10% of the bond amount. For example, if the bail bond is $10,000 dollars, then the bail bondsman's fee would be a $1,000. You have to pay this amount. In addition, you must collateralize the bond. This means you have to give the bondsman something as collateral that covers the entire value of the bond. If the bond is $10,000 you must be prepared to give the bondsman something that is valued at that amount or give the bondsman some financial interest on collateral, if the collateral's value is more than that of the bond. If you cannot afford bond at all and no friend or relative can come up with the bail bond for you, this may be the only way for you to post your bail bond. Our criminal defense law firm can help you find a bondsman to help you with bail.

When Your Bond is Forfeited or Returned To You
In Florida, if the person for whom the bond is posted flees the jurisdiction or does not attend scheduled Court appointments and appearances, the judge can revoke the bond, and the property you put up as collateral for the bond will be forfeited. However, when the criminal matter is resolved or you have attended all your scheduled appearances, the bond will be released, minus the fee the bail bondsman charges. If you paid an all cash bond, the entire amount will be returned to you, minus administrative fees when the case is over.

What Happens When You Do Not Post Bail
If for whatever reason you do not post bail or cannot post bail, or if the judge decides not to reduce your bail bond because of the seriousness of your offense and you cannot pay the determined bail bond in any of the ways available to you, you will have to remain in jail.

Released on Own Recognizance (R.O.R.)
Sometimes the judge allows a person accused of a crime to be free while awaiting trial, without posting bail. This is called a Release on Your Own Recognizance. The judge grants a Recognizance Release by taking into consideration the seriousness of the crime charged, the defendant's mental condition, the likelihood that the defendant will appear when ordered by the Court to appear, the length of time the person has lived in the area, his/her reputation in the community and ties to the community, his/her employment situation and financial burdens. However, if the charge is serious, this is not an option.

Responsibilities/Conditions of Pre-Trial Release and Violation:
When the defendant is released on bail bond, the Court usually requires the defendant to refrain from criminal activity of any kind and to not have any contact with the victim/s, unless the Court modifies the requirements in the interest of justice. If the Court has any reason to believe that pre-trial release conditions have been violated or that the defendant has committed a new crime, the Court may revoke the pre-trial release and order pre-trial detention.

Contact any one of our two Jacksonville, Florida criminal defense offices for more info.