Bail bonds are the fastest way to get someone out of police custody. Unfortunately, not everyone knows about bail bonds or how to obtain them. Obtaining bail bonds in Florida isn’t hard, but there are a lot of myths and misconceptions about how they work.
Below, we will outline everything you need to know about Florida bail bonds to inform you on the process.
The Different Types of Bonds
Being in jail can be rough. Not only is someone’s freedom severely limited, but it’s an incredibly stressful environment.
To remedy this, there are different types of bonds available to fit a variety of charges and financial situations.
Personal Recognizance
Sometimes referred to as “own recognizance” or “O.R.,” personal recognizance doesn’t require any sort of payment. Once someone goes through the booking and processing procedure after they get arrested, the police give them a citation with the date and time they are to appear in court.
The defendant is legally obligated to appear before the court at the appointed date and time. Failure to do so will likely result in being re-arrested and held in custody until their next trial date.
Unfortunately, personal recognizance only applies to very minor crimes and other low-risk individuals. Anyone with a history of skipping bail or who may pose a danger to the community if released is automatically ineligible for release on personal recognizance.
Cash Bonds
If you have enough ready cash available, you can use it to bail yourself or someone else out of jail. You’re required to pay the full amount of your bail to the court clerk to act as a monetary incentive to return to court at the appointed date and time.
The term “cash bond” can be misleading, as most courts won’t accept cash. Instead, you must pay the bond via cashier’s check, money order, or credit card.
As long as the defendant appears before the court when they’re supposed to, the court will refund the cash bail (minus any relevant court fees).
There are a few downsides to cash bonds. The first is that bail can be expensive, often being set at many thousands of dollars. The second is that the courts have to be open in order to pay the court clerk. If an arrest occurs on a Friday evening, they’ll have to wait until the court opens on Monday to pay the bond.
Last, if the defendant fails to appear before the court, you’ll forfeit the bail amount to the court and it is not returned to the person who paid it. A judge will issue a warrant for their arrest and they will remain in custody pending their next trial.
Property Bonds
In cases where bail is set very high, you can use property to secure a defendant’s release. Property usually refers to real estate, and it must be worth at least double the defendant’s bail. If the defendant fails to show up for court, the court will take control of the property.
Property bonds can take a while to secure someone’s release. The court wants to be sure of the property’s value, and will therefore put it through rigorous inspection, appraisal, as well as a lot of paperwork.
Property bonds can seem convenient because they won’t require spending money. However, they can result in the loss of a home, vehicle, or land, and cause long-term financial losses if the defendant fails to appear.
Bail Bonds/Surety Bonds
Bail bonds are far and away the most common method of securing someone’s release from police custody pending their trial. If you cannot afford cash bail, don’t own property (or are unwilling to put up property), and the defendant was not released on personal recognizance, bail bonds are your answer.
How Do Bail Bonds Work?
In a nutshell, bail bonds allow you to pay a small fee to a bail bondsman who will then put up the full amount of bail to get someone out of jail. Provided they meet all of their court obligations, there will be no further financial obligation on your part.
The Bail Bond Process in Florida
After an arrest, police take the arrestee to a police station or jail where they go through the booking and processing procedure. This is probably something you’ve seen on TV. Police will record the arrestee’s fingerprints, take their photograph, and conduct a comprehensive background check to look for additional warrants.
The final step in the process is to set a bail amount for the defendant pursuant to the bail schedule for the county in which they were arrested. Unfortunately, not all crimes are eligible for bail.
Bail Hearing
Part of the bail bond process in Florida can include a bail hearing. When bail is not granted after booking and processing, due to several circumstances, a bail hearing is scheduled. Most crimes are eligible for bail under the 8th Amendment of the US Constitution.
However, during a bail hearing, the judge will take several other factors under consideration. These factors include:
- The defendant’s age
- Criminal History
- Education
- Income level
- Flight risk
- Employment status
- Past failure to appear
- Substance abuse history
- Involvement in the community
Most of the time, defendants with a history of failing to appear in court, or those who are deemed a significant flight risk, may not be granted bail. However, in some cases, a defendant’s situation can result in having their bail amount lowered by a judge to make it easier to pay. Going before a judge isn’t always a bad thing.
Bail and Bail Bonds – The Difference
A defendant’s bail is the full amount of money required to secure their release from jail.
A bail bond is a legal document issued by a bail bondsman licensed through the state. The document states a guarantee that the defendant will meet their court obligations in exchange for their release from custody.
It is a contract between the person obtaining the bail bond, the bail bondsman, and the court.
The Cost of a Bail Bond
The bail schedule in the county where the defendant was arrested sets a minimum amount of bail that must be paid. Obtaining a bail bond allows someone to secure a defendant’s release for a fraction of the total bail amount.
Generally, the best bail bond services charge a fee of 10% in order to bail someone out of jail. So, if a defendant’s bail is set at $2,000, it will cost only $200 to bond them out via bail bondsman.
How Long Does It Take?
The amount of time it takes to get someone out of jail depends on how fast you contact a bail bondsman after their arrest. The booking and processing procedure can take one or more hours to complete. It depends on how busy the jail is at the time.
During this time the defendant will be ineligible for bail because it hasn’t been set yet. Setting bail is the final step in the booking and processing procedure.
However, you can still contact a bail bondsman during this period and get the ball rolling. By starting the paperwork beforehand, you’ll be able to get the defendant out of jail much faster.
Once the bail has been set and the paperwork is complete, the bail bondsman will go to the jail to post the bond. Your friend or loved one will then be released from custody once they are processed out. Again, the time it takes to process them out will depend on how busy the jail is.
Does Bail Get Refunded?
In the case of cash bonds and property bonds, the bail (or collateral) will be refunded as long as the defendant meets all of their court obligations. Whether they are convicted of a crime or not doesn’t matter.
In the case of bail bonds, the bondsman’s 10% fee is not returned. This is the cost of using their service to get someone out of jail fast without having to pay the full bail amount.
Is the Defendant Limited Upon Release?
When someone is released on bail, it doesn’t mean they can do whatever they want. It’s crucial that they don’t commit any crimes while out on bail. Also, depending on the nature of their case, a judge may set several conditions that must be adhered to.
Some of these conditions include abstaining from drugs and/or alcohol and staying away from certain places or people. Also, a judge may limit the defendant’s movement, requiring them to remain in the state.
A bail bondsman can also set conditions on the defendant’s freedom. If the defendant fails to meet any of these conditions, the bail, or their bond, may be revoked.
What Are the Advantages of Bail Bonds in Florida?
There are several benefits to using a bail bondsman as opposed to cash bail, property bonds, or not bailing them out at all. These can have significant positive effects on both the defendant and the outcome of their trial.
It’s Fast
First and foremost, working with a bail bondsman is the fastest way to get someone out of jail. You can start the bail bond process in Florida as soon as someone has been arrested. Additionally, a bail bondsman can post a bond any time of day or night, 365 days a year.
This cannot be done when bailing someone out through the court.
It’s Cost-Effective
Depending on the crime, bail can be expensive. Working with a bail bondsman will require only a fraction of the cost of bail. It’s usually much easier to get the requisite 10% than it is to find what could end up being tens of thousands of dollars.
The Defendant Can Continue with Responsibilities
Being held in police custody, even if someone didn’t commit a crime, can have real-world consequences. When you bail someone out with a bail bond, the defendant can continue to attend work regularly. They can also attend school (if applicable) or continue taking care of their children.
You Can Seek Legal Counsel
It’s very difficult to seek outside legal counsel from the confines of a county jail. If a defendant can’t find or afford legal counsel, the court will appoint them a public defender. This can be a problem, however.
Public defenders are usually in charge of many cases. They’re seldom able to afford very much time to spend on any individual. Outside legal counsel is not usually saddled with as much work.
They have the time and ability to focus on the defendant’s case above and beyond what a public defender can provide.
Payment Plans
These bail bonds cost much less than a person’s total bail amount. When someone is charged with a serious crime or has a history of repeated arrests, their bail can be set pretty high. In these situations, even a bail bond can start to get expensive.
Many bail bondsmen offer payment plans designed to fit just about any budget. If you’re worried you may not have enough to pay the bail bondsman’s fee upfront, they’ll almost certainly work with you.
The courts do not. If you’re trying to bail someone out through the court system, they won’t accept payment plans. You must have the full amount of bail available as a one-time payment.
Bail Bonds in Florida
When someone is arrested in Florida, they have several options with which to get out of jail. For minor crimes, they may be released on personal recognizance without having to pay. For other crimes, a minimum amount of bail is set.
Freedom from police custody can be obtained via paying cash, using property as collateral, or obtaining a bail bond. Bail bonds in Florida cost only 10% of the total bail amount. They also allow you to secure a defendant’s release much faster than going through the court.
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