BAIL IN FLORIDA
POSTING BAIL IN FLORIDA
Posting bail in Florida allows for your release from jail. If you were arrested and booked into your county jail, chances are you want to get out as soon as possible. In this blog post, I will discuss the arrest process and the corresponding bonding process.
WHAT IS BAIL IN FLORIDA?
The concept of bail is mentioned in the Eighth Amendment to the U.S. Constitution. It states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The purpose of requiring a defendant to post bail is to ensure their appearance at all court proceedings. If you fail to appear at a court proceeding (unless waived by counsel pursuant to a procedural rule) your bail will be revoked. You should also be aware that some crimes are not eligible for bail.
THE FIRST APPEARANCE
When you are arrested and booked into your county jail, you must have your first appearance before a judge within 24 hours. The purpose of your first appearance is to establish whether probable exists to bind you over and to set a bond or order you released on your own recognizance (ROR). ROR does not require posting a bond.
If a bond is set in your case, you can either post it yourself or hire a bondsman to post it on your behalf. A bondsman will typically charge you 10% of the value of the bond. If your bond is high and you cannot post it, a lawyer can file the appropriate pre-trial motion seeking a reduction in the bond’s value.
In addition to posting bond, the court will order certain pre-trial release conditions that you must obey. If you fail to comply with any pre-trial release conditions, you will be violated and rearrested. One pre-trial release condition that is often violated is committing a new crime while out on bond. If you are rearrested for a new crime, your original bond will be immediately revoked. In most cases, once a bond is revoked because of a new crime, the judge will not issue a new bond for that charge and you will be incarcerated until your charges are resolved through a plea or trial. A lawyer can file a motion seeking a bond reinstatement, but these motions are rarely successful.
CAPIAS FOR FAILURE TO APPEAR
If you fail to appear at any court proceeding, the judge will issue a capias (often referred to as a bench warrant) for your arrest for failure to appear. If this happens, a lawyer can draft and file a Motion To Recall Capias. If the court finds your failure to appear was not willful and you did not intend to abscond, the judge will enter an order recalling the capias and reinstating the original bond. However, the capias must be recalled before you are arrested for failing to appear.
