Understanding the bail system in Florida is essential when you or a family member has been arrested for a crime. After your arrest, a judge typically sets bail to release you from jail as you await your trial. It is a guarantee you will return for your scheduled court appointments or lose the money or property you used to cover your bail. Like most states, Florida has its own set of laws and regulations surrounding bail bonds. Contacting a criminal defense lawyer with knowledge of how bail bonds work in Florida is vital before you post bail for yourself or a family member.
With over two decades of experience in Florida’s criminal courts, The Wiseman Law Firm brings a deep understanding of how bail works and what options may be available to reduce or eliminate it. As a former prosecutor, Attorney Wiseman knows the tactics used by the prosecution and how to strategically fight for the best possible outcome. Our firm’s commitment to personalized representation ensures you’ll receive the attention and guidance needed to navigate the complexities of the bail process effectively.
What Is Bail and How Does It Work in Florida?
When someone is arrested in Florida, they are typically taken to jail to be booked. A judge will then decide if you are eligible for bail based on why you were arrested, your past criminal history, and if you are a flight risk. If you are eligible, the judge will then set your bail based on a standard list of bail amounts for common crimes. They can adjust this number depending on your unique circumstances.
There is also an option for the judge to release you on your own recognizance. This means you promise to appear for your future court appointments without posting any money as a guarantee. A criminal defense attorney can play a critical role in your bail hearing and secure the best possible outcome for your release.
What Are the Types of Bail in Florida?
There are three main types of bail bonds in Florida: cash bonds, surety bonds, and property bonds. The surety bond is the most common type. Here is a description of each kind of bail and how it can relate to your release:
- Cash bond: A cash bond is used when you are able to post the entire amount of your bail in cash alone. You are given your money back once your trial concludes and you have met all your scheduled court appearances.
- Surety bond: When your bail is too high to pay in cash, a bail bond agent will post your bail for you for a non-refundable fee of 10% of the bail amount. They are now responsible for the entire bail amount if you do not appear in court on your scheduled dates.
- Property bond: In this case, you are able to put up property, like your home, as collateral to cover the bail amount. The value of your property must be equal to or greater than the amount set for your bail.
A criminal defense attorney can help you choose which option is best for you and guide you through posting bail for you or your family member.
What Happens if You Don’t Appear in Court After Posting Bail?
After you are released on bail, you are obligated to return for any scheduled court appearances. If you do not appear for your court dates, there is a chain of events that might occur:
- Bail is lost: A judge can order that you forfeit any cash or property you used to cover your bail. If your family member puts up their home as collateral, they run the risk of losing that home.
- Arrest warrant: A warrant for your arrest can be issued to ensure you are brought back to jail and appear in court.
- Bondsman’s responsibility: If you used a bail bond agent to cover your bail, they are now responsible for the total bond amount. Because of this, they might try to find you and bring you back to appear in court.
It is essential you hire a criminal defense lawyer to help you keep track of your scheduled court hearings and ensure you appear when required.
Why Should You Contact The Wiseman Law Firm Before Posting Bail?
At The Wiseman Law Firm, we understand that navigating the bail process can be overwhelming, especially when it involves significant financial decisions and potential legal risks. Whether you are considering a cash bond, surety bond, or property bond, our firm provides personalized advice tailored to your circumstances.
With our prior experience, we can fight for lower bail amounts, advocate for release on recognizance, or help you avoid unnecessary financial burdens. We are here to guide you through every step of the process, ensuring that you understand your rights and responsibilities. Contact us today if you or a family member needs help posting bail. Call us at (407) 420-4647 or fill out our contact form.
