Mary had been looking forward to her night out with her friends for weeks. The evening started off great, with everyone laughing and catching up on old times. After enjoying good food and a few glasses of wine, Mary called it a night and got in her car to drive home. Just a mile from her house, Mary saw flashing lights in her rearview mirror. It was the police, and as they pulled her over, Mary knew she was in trouble. The officer asked Mary to step out of the car and perform a sobriety test which she failed. Mary was arrested for suspected DUI and taken to jail. Mary sobered up quickly and realized the gravity of the situation. She had never been in trouble with the law before, and the thought of spending a night in jail was terrifying. She was scared and didn't know what to expect and asked, “how does bail work in Florida?” West Palm Beach bail and bond lawyer, Ronald S. Chapman, has gotten many frantic calls from clients seeking help after their arrest in his 34 years practicing law. With so much at stake, if you find yourself behind bars, call us at (561) 832-4348, so we can begin to fight for you. While these terms are often used interchangeably, they have different meanings. Bail is the monetary amount set by a judge that you must pay to be released from jail while awaiting trial. The court holds this money as a guarantee that you will attend all scheduled court appearances. Bond, on the other hand, is what the bail bondsman puts up with the court to secure your release from jail. A bondsman puts up the full amount of your bail (the amount set by the judge) with the court for a 10% fee. So, while bail and bond are related, they serve different purposes. Bail is paid directly to the court and is refunded at the end of the case (assuming you show up for all court appearances). Bond is paid to a third-party company and is non-refundable. In Florida, posting bail can be overwhelming, especially if you're unfamiliar with how it works. The following steps provide an overview of the process: If you're arrested in Florida, you will be handcuffed, taken into custody by law enforcement officers, and transported to a local jail or detention center for processing. During the booking process, your personal information is recorded, including your name, address, date of birth, and any identifying marks or tattoos. You will also be fingerprinted and photographed for identification purposes. The booking process can take several hours.Bail vs. Bond: What's the Difference?
How Do Bail Bonds Work in Florida?
Step 1: Arrest and Booking
Once the booking process is complete, you will be held in custody until you can appear before a judge for a First Appearance hearing. However, for certain crimes, a bond may be set at the time of booking, which means you won't have to stay in custody until the following morning.
Step 2: Hiring a Criminal Defense Attorney
If you've been arrested and are facing criminal charges, hiring a criminal defense attorney before your First Appearance hearing in Florida is crucial. This is because the First Appearance hearing is where the judge will determine if there is enough evidence to hold you in custody until your trial.
Here are some reasons why hiring a criminal defense attorney before your First Appearance hearing is so important:
They Can Help You Understand Your Rights
A criminal defense attorney can explain your rights and help you understand what to expect during the legal process. They can also advise you on handling questions from law enforcement officers and prosecutors.
They Can Represent You at Your First Appearance Hearing
Your criminal defense attorney can represent you at your First Appearance hearing and argue for your release on bail or bond. They can also challenge any evidence obtained illegally or unfairly.
They Can Begin Building Your Defense
By hiring a criminal defense attorney early in the process, they can begin building your defense right away. This includes investigating the circ*mstances surrounding your arrest, interviewing witnesses, and gathering evidence that supports your case.
Step 3: First Appearance Hearing
During the First Appearance hearing, which must occur within 24 hours of an arrest in Florida, a judge will inform you of the charges and read you your rights. At the hearing, the judge will either:
- Release you on your promise to appear at all subsequent court appearances (called signature release or recognizance release)
- Set a cash or surety bond
- Hold you in jail with no bond, meaning with no opportunity for release
Step 4: Posting Bail
Once the bail amount has been set, you can either pay the bail in cash or through a bond. If you cannot afford to pay the full amount of the bail, you can seek the assistance of a bail bond agent.
Step 5: Bail Bond Agent
A bail bond agent is a licensed professional who provides a surety bond to the court to guarantee that you will appear in court for your trial. The bail bond agent typically charges a non-refundable fee, usually around 10% of the bail amount, for their services.
Step 6: Release from Jail
Once the bail has been paid, either in cash or through a bond, you will be released from jail. You must attend all your court hearings or risk forfeiting your bail.
Conditions of Pretrial Release
Pretrial release is not unconditional and comes with certain terms you must follow. According to Florida statutes, whether the release is by surety bail bond or recognizance bond, or in some other form, you must comply with the following:
- Not engage in any criminal activity
- Refrain from possessing a firearm or other dangerous weapon
- Refrain from contacting any victims or witnesses involved in the case
- Comply with any other conditions deemed necessary by the court
Violating any of these conditions can result in revocation of pretrial release and being sent back to jail until trial.
FAQs About Bail in Florida
What Does Ineligible for Bail Mean?
In Florida, being ineligible for bail means you are ineligible to post bail. This usually happens when the crime committed is considered non-bondable or if you pose a flight risk or a danger to the community. Ineligible for bail also means you will remain in custody until your case is resolved.
How Are Bail Amounts Determined?
The amount of bail you will need to post to be released from jail depends on the severity of the charges. A judge determines bail amounts during the bail hearing, considering factors such as the nature of the crime, any criminal history, and the likelihood of fleeing.
How Long Does it Take to Bail Someone Out?
The answer depends on a few factors, such as the time of day and the workload of the jail staff. However, in most cases, you can be released within several hours of posting bail. Once bail is set by the judge at the bond hearing, it can be paid in cash or with a bail bond.
Can You Bail Yourself Out of Jail in Florida?
Yes, but it depends on your financial situation. You can bail yourself out if you have enough money to cover the full bail. However, if the amount is too high, you may need help from a bail bondsman.
Is Bail Money Refundable in Florida?
Under Florida law, bond money will be refunded after the case's final disposition or by the judge's order. All unpaid court fees, court costs, and criminal penalties (for all cases associated with the defendant) will be deducted before any bond refund.
However, if the bail was paid through a bail bond agent, the fee paid to the bail bond agent is non-refundable, even if you appeared in court and complied with all court-ordered conditions.
Arrested and Have Questions About How Bail Works in Florida? Contact West Palm Beach Bail and Bond Lawyer Ronald S. Chapman
Posting bail in Florida can be a confusing and overwhelming process. Understanding the steps involved and seeking the assistance of an experienced criminal defense attorney can help ease your stress and ensure that the process goes as smoothly as possible. If you or a loved one are facing arrest or have been arrested for a crime, seek legal advice now.
Criminal defense attorney Ronald S. Chapman will attend your First Appearance hearing to ensure that if bail is set, it is a reasonable amount. He will also assist you in hiring reputable bond agents to bail you out.
At Ronald S. Chapman, P.A., we are dedicated to providing our clients with the best legal representation and guidance to protect their rights and future. With over 34 years of experience defending clients against criminal charges, we will work tirelessly to provide you with the best possible defense.
Contact us today at (561) 832-4348 to schedule a meeting with a bail and bond lawyer so we can begin to fight for you.
Copyright © 2023. Ronald S. Chapman, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circ*mstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/
