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.