The first question most people have after they’ve been arrested is when they can post bail. The state of Florida, like the rest of the nation, allows offenders to post bail if they’re eligible after their first appearance. The bail amount will be determined by several factors and the defendant will have the option of paying the bail in full or finding a bondsman. Once the bail has been posted, the defendant can leave jail as long as they attend all their upcoming court dates.
The bail bond process can at times be complicated and stressful. It’s important you educate yourself thoroughly on the bail bonds process before you try to post bail for another person. If you’ve recently posted bail, then you will have to follow certain conditions until your upcoming court date. Failure to follow these conditions will result in a revocation of your bail, which will mean you must go back to jail for the entirety of the trial.
If you or someone you know must post bail for a crime, it’s imperative you find experienced legal representation to assist you.
Overview of the Bail Bond Process in FL | Gainesville Defense Attorney
Facing a criminal charge isn’t a cheap process. You’ll be required to pay court fees, conviction fees, administrative fees, and even possible restitution to complete your sentencing. The first financial step in the Florida judicial process is posting bail. A judge will issue a bail amount to you that must be paid if you don’t want to remain in jail for the entirety of the trial.
To learn more about the bail bonds process in Florida, contact Galigani Law Firm. Our criminal defense attorneys at Galigani Law Firm have years of experience assisting people accused of all types of crimes with posting bail. We can even negotiate with the judge on your behalf in an effort to reduce or get rid of your bail altogether.
Set up your first consultation by calling our office at (352) 375-0812. Galigani Law Firm accepts clients throughout the greater Gainesville and Alachua County area including Micanopy, La Crosse, Hawthorne, Waldo, Archer, and Newberry.
Information Center:
- Different Types of Bail Bonds in FL
- How Much to Bail Someone Out of Florida?
- Can Bail Be Posted at Any Time?
- Additional Resources
Different Types of Bail Bonds in Florida
The state of Florida allows defendants to post bond in several ways. Understanding the different types of bonds and how they function may give you a good idea on which option is best for your financial health. Listed below are the three types of bail bonds a person can use to be released conditionally from state or county jail.
- Release on Recognizance (ROR) – There are some cases where the judge will not assign a bond amount. This usually happens when the defendant’s crime isn’t violent in nature, they have a low flight risk, and may be struggling financially. To obtain an ROR bond, the defendant will have to sign a court agreement that promises they will appear at all scheduled court dates.
- Cash Bonds – Defendants who pay the full bond amount from their own pocket are supplying a cash bond. They can be paid in either cashier’s check, money order, or in cash itself.
- Surety Bonds (Bail Bonds) – Easily the most common type of bond is referred to as a “bail bond” also known as a surety bond. The surety bond involves a third-party company who will pay the full amount for a fee. Usually, the fee will be 10 to 20 percent of the actual bond amount. The bail bonding company must be approved by the court for the surety bond to be valid.
How Much to Bail Someone Out of Jail in Florida?
The actual amount to your bail will depend on several factors. Some crimes have a straightforward bond amount that may even be posted before their first upcoming court appearance. This is especially common with misdemeanors or municipality violations.
However, some criminal charges are incredibly complicated, so bail amount is determined may be withheld until the defendant’s court appearance. In these cases, the judge will weigh several factors before coming up with a bond amount they believe is appropriate for the crime and situation. The following are some elements the judge may consider when issuing a bond:
- Nature of the crime
- The role the defendant played in the community
- If they pose a danger to the general public
- If a controlled substance was involved, the value of said drugs
- Whether the offense was related to gangs or gang activity
- If the defendant is a sex offender or predator
- Probable cause exists showing the defendant committed a new crime
- The amount of evidence the prosecution has of a crime
- Whether the defendant is a flight risk
- Whether the funds were from criminal activity or not
- If the victim could be in danger by the defendant posting bail
- Did the crime cross state lines
- If the defendant is on release, probation, or parole for something else
Can Bail Be Posted at Any time?
Under Florida law, the judge must determine a bail amount on the defendant’s first appearance in court. The first appearance also is where the defendant pleads “guilty,” “not guilty,” or “no contest” for their crimes after their charges have been read out to them. After these procedures are finished, the judge will end the hearing with the bond amount they determined is appropriate for the crime.
In some cases, a person can post bail before their first appearance. This usually occurs for minor misdemeanors or other smaller crimes where the bond amount is predetermined. It’s also common for those without any criminal history to receive a bond faster than those with one.
Some crimes, however, will never qualify for a bond before the first appearance. These include:
- Burglary with assault or battery
- Possession of a firearm by a convicted felon
- Felonies involving the use of a firearm
- DUI manslaughter
- Fourth DUI offense or more
- Those arrested for a felony while released on bail for a separate felony
- Armed burglary with a deadly weapon
- Armed robbery with a deadly weapon
- First-Degree Felony Punishable with Life
- Violent First-Degree Felony
- Violent Second-Degree Felony (The offender must have at least one prior violent felony conviction in the past)
- Carjacking
- Armed home invasion
- Attempt to Commit First-Degree Murder
- Solicitation to Commit First-Degree Murder
- Conspiracy to Commit First-Degree Murder
- Aggravated stalking
- Domestic violence crime
- Violation of a protective order injunction
- Violation of any Condition of Release where the offense is domestic violence
- Drug trafficking or conspiracy to traffic drugs
- Kidnapping
- Third offense for sale or delivery of a controlled substance
- Methamphetamine manufacturing
- Escape from a correctional facility
- Violations of probation or community control for a felony offense
- Any crime occurring while the defendant is on probation or community control for a felony level crime
- Defendants labeled as a “Violent Career Criminal,” “Three-Time Violent Felony Offender,” “Habitual Violent Felony Offender,” or “Prison Releasee Reoffender.”
Additional Resources
Laws for Bail in Florida | FL Statutes– Visit the official website for the Florida Statues, a collection of state laws where you can learn more about the criminal judicial process. Access the site to learn more information surrounding bail bonds, how the value is determined, the purpose for bonds, and how to qualify as a bail bondsman in the state of Florida.
List of Certified Bail Bondsmen | U.S. Department of Treasury – Visit the official website for the United States Department of Treasury to access a list of approved surety bond providers in the nation. Access the site to find a bail bondsman approved by the state and federal law so you or your loved one can finally leave the confines of jail.
Bail Bonds Defense Attorney in Gainesville, Florida
Were you recently charged with a crime? Were you bestowed a large bond you’d like to reduce? If so, then we urge you to contact the attorneys at Galigani Law Firm. We have over three decades of collective experience reducing bond amounts through negotiations. Our attorneys can use the facts of your case and character to advocate for your release from jail.
Call (352) 375-0812 now to set up your first consultation free of charge. Galigani Law Firm accepts clients throughout the greater Gainesville and Alachua County area.
