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What is bail?:  Bail is any form of pre-trial release after a criminal arrest.  Typically, Florida Courts will set monetary bail bonds for criminal offenses that result in arrest.  Bail bonds can usually be posted at the jail, or through a licensed bondsman.  The purpose of bail is to ensure the defendant’s appearance in court and to protect the community.

How are bail bonds set?:  Every county has a standard bond schedule.  Depending on the type/level of the offense, a predetermined bond amount is set for most criminal charges.  In Florida, criminal defendant’s are entitled to a reasonable bond in most cases.  However, bond is not always set immediately upon arrest.  For instance in domestic violence cases, the Defendant must go before a judge to get a bond.  Every Defendant is entitled to be brought before a first appearance Judge within 24 hours of arrest pursuant to Florida Rule of Criminal Procedure 3.130.

Bond Motions:  Bond motions are the legal mechanism by which a defendant can request the court to lower his or her bail bond.  In evaluating a bond motion, Judges will consider many factors including:

  • The nature of the offense.
  • The Defendant’s criminal record.
  • The Defendant’s history of failing to appear in court.
  • The Defendant’s ties to the community?
  • Whether the Defendant is a danger to the community.
  • Whether the Defendant is a flight risk.
  • The Defendant’s employment.
  • The Defendant’s financial situation.

If you have additional questions about bond or bond motions contact The Lambert Law Firm for a free consultation.