Criminal Defense Law Firm

Jacksonville, Florida

Bail Bonds

Under the Florida and U.S Constitutions, you have the right to a reasonable bail bond before trial, after you have been arrested. We can help you have a reasonable bail bond set or can file a Motion to Reduce Bail if a bond has already been set. A felony or misdemeanor arrest means you will be taken to jail.

Bail Generally
In Duval, Clay and Nassau Counties within twenty-four hours of a person's arrest, they attend “first appearance” where they see a judge who determines whether there is probable cause to detain them and the amount of their bail. 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. Once the judge determines the bail bond, the defendant must pay the bail bond in order to be released from jail.

Bail bond is money that must be deposited with the Court to ensure that an arrested person will appear in Court if released from jail. The money that the person has deposited with the Court acts as “insurance” that they will not flee the jurisdiction if released from jail.

Bail allows an arrested person to retain his or her freedom until trial, ensures that he or she shows up at all Court proceedings, and protects the community against the probability of unreasonable danger posed by the defendant. Ideally, the amount of bail should be no more than what is reasonably necessary to prevent someone from fleeing before their case is handled.

At times the Court orders the person released participate in pre-trial services. This program requires certain conditions such as an electronic ankle bracelet or urine screenings to assure the Court that the released person is not using drugs while released.

If a person attends Court as scheduled, at the end of their case their bail is refunded to them. If a person flees their bail is forfeited. At times a person cannot afford to post the entire bail bond and we can help them find a Bondsman who will post the bail bond for a fee. For some offenses after you've been arrested the jail can set a "standard" bail amount which allows you to bond out without attending first appearance.

The amount of your bail is primarily determined by the nature of the crime charged and your criminal history. However, if you cannot afford the bond set, your criminal defense lawyer may request bond reduction and present to the judge certain factors (your lack of prior criminal record, your standing in the community, your family ties, and your employment) as reasons to support reducing your bond.

If you do not post bail or cannot post bail you will have to remain in jail..

Bail Bondsman
A bail bondsman typically receives 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 to the bondsman. The bondsman then pays the other $9000.00 to the jail for your release. You also have to give the bondsman some type of collateral for the balance of the bond. In our example this means that you would have to give the bondman collateral (car title, deed to property, etc.) of $9000.00. Our criminal defense law firm can help you find a bondsman to help you with bail.

Released on Own Recognizance (R.O.R.)
Sometimes the judge releases a person without posting bail. This is called a Release on Your Own Recognizance. The judge grants a Recognizance Release by considering: