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How Bail Works in Florida Dec. 7, 2023

Gavel, handcuffs and moneyNo matter the exact circumstances, facing an arrest can be a deeply unsettling experience. It's a time filled with uncertainty and a multitude of questions. One of the most pressing concerns often revolves around the concept of bail. We're here to shed some light on this complex process, specifically focusing on how it works in the state of Florida. 

What Is Bail?

Let's start by defining what bail actually is. Bail is a legal instrument that allows an individual who has been arrested to be released from jail while they await their court appearance. You can think of it as a form of insurance; it's designed to help you that the accused person will show up for their scheduled court dates. However, the process can be complicated and full of nuance. It’s important not only to understand the definition of bail, but also who qualifies for bail and how the bail amount is determined. 

Who Qualifies for Bail in Florida?

In Florida, most crimes are eligible for bail. But there are exceptions. For capital offenses or when the defendant is considered a threat to the community or a flight risk, bail may not be granted. 

When determining eligibility for bail, the judge will consider several factors. These include the defendant's criminal history, their age, employment status, and any history of substance abuse. All these elements—and others—help the judge to assess whether bail should be granted and at what amount. 

How Is the Amount of Bail Determined?

The amount of bail in Florida is typically determined by a bond schedule. This schedule sets standard bail amounts for different types of crimes. However, the judge certainly has the authority to alter or restrict the bail amount based on various factors. 

These influencing factors can include the defendant's criminal history, risk of flight, involvement in society, and history of substance abuse. It's a multi-faceted approach that aims to balance the rights of the defendant with the safety and well-being of the community. 

What Are Bail Bonds?

Bail bonds are another vital aspect of the bail process. They provide a way for individuals to secure their release from jail without having to pay the full bail amount. A bail bond is a legal document provided by a licensed bondsman that assures the courts that the defendant will appear in court as scheduled. 

In Florida, the bail premium for a state bond is typically 10% of the bail amount, while for a federal bond, it's usually 15%. By utilizing a bail bond, individuals can seek to avoid paying the full bail amount upfront and instead pay a smaller fee to the bondsman. 

The Bail Process in Florida

So, how does the bail process work? In Florida, after an arrest, the defendant is taken to jail, where mugshots and fingerprints are collected, and a statement is taken. At some point, bail may be granted at a set amount. It's important to remember here that not every single crime is eligible for bail, and that several factors come into play when determining the bail amount.  

If the defendant is unable to pay the full bail amount determined by the judge, they can seek the services of a bail bondsman. The bondsman will require the defendant or their loved ones to provide collateral or a fee in exchange for a bail bond. The bondsman then posts the bail bond with the court, and the defendant is released from jail. However, it's crucial for the defendant to appear in court as scheduled, as failure to do so can result in the bail being forfeited and the defendant being returned to jail. 

The Importance of Strong Legal Advocacy

An attorney plays a pivotal role in the bail process, providing skilled guidance to the defendant. They can advocate for a reduced bail amount or even request a release without bail during the bail hearing. Attorneys are familiar with the local justice system, including the judges and prosecutors, and can use this knowledge to the defendant's advantage. They can also provide insight into bail bondsmen and help in selecting a reputable one.

Furthermore, a criminal defense attorney can explain the legal implications of failing to appear in court and help the defendant understand the conditions of their bail. Reaching out to a local attorney during the bail process can be an absolutely vital step in defending your rights.  

Don’t Face Your Charges Alone

Navigating the bail process in Florida is possible, but you’ll need strong legal guidance on your side. Let’s work together to find a path forward when you need it the most. If you or a loved one is in need of bail assistance in Daytona, don't hesitate to reach out. Our attorney is proud to assist clients anywhere in Florida, including  DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact us today to start moving forward.