Written by Kenneth L. Foote
Bonds, Bond Reduction and Pre-Trial Release
Before you pay any bond or bail call 1-877-903-6683 to speak with one of the expericed bond reduction attorneys at K.L. Foote who may be able to reduce the bond or have you or your loved one released on their on their own recognizance, without paying bond.
If you are arrested in the state of Florida, you havethe right to a reasonable bailbond before conviction, pursuant to the Florida and U.S. Constitutions. An arrest due to a dui, felony or misdemeanor in Florida means you will be taken to jail and "processed." Being arrested or knowing you are going to be arrested and not knowing how to negotiate the fairest possible terms can be one of the most stressful and frightening events in your life. Knowing about your right to bail and bond is your first step in your fight for your freedom. The experienced bond reduction attorneys at K.L. Foote are prepared to assert your rights and fight the claims of prosecutors who try to inflate bonds or even convince the court to deny them.
With a credible, skilled lawyer at your bond hearing, the judge generally takes your bond request more seriously. Since you are paying an attorney, it is assumed that you are not as likely to flee.
A lawyer can often compel the judge to reduce a high bond or to release you on your own your recognizance. Your attorney can gather testimony that will demonstrate the unlikelihood of you fleeing the state.
Without a lawyer to request a bond motion for you, you will be waiting until the public defender gets to your case. Rather than waiting a few days, you could be waiting up to a few months in jail, simply for a bond hearing.
If you or a loved one is in jail and needs to have their bail or bond reduced please call 1-877-903-6683 to speak with an experienced bond reduction attorney immediately.
Standard Schedule for Bond
Typically, after you've been arrested and "processed" you will be given a bail amount, which is also called bond, unless you are charged with a very serious crime or a non-bondable offense. In most Florida Counties there is a standard bond schedule that allows a person who is arrested to "bond out" without going to court or seeing a judge. The schedule is based on a predetermined amount set by the court system. The amount of bond is generally determined by the seriousness of the crime alleged to have been committed.
If the crime you have allegedly committed is not listed in the standard bond schedule of the county you were arrested in, you will be brought in front of a judge within forty-eight hours. At this hearing the court has the duty to determine whether the arrest affidavit supports a finding of probable cause. If there is no finding of probable cause, the judge must order that the defendant be released on their own recognizance. If the magistrate or judge finds probable cause, the judge must then set a reasonable bail bond. Once the judge determines the bail bond, the defendant must pay the bail bond in order to be released from jail.
Reducing Bail Bond
Generally, the nature of the particular crime charged is what primarily determines how much bond you will need to post. However, if you cannot afford the scheduled bond, the experience bond reduction lawyers at K.L. Foote, can request bail bond reduction and present to the judge certain factors to consider in your particular case for the purpose of negotiating the reduction of your bond. For example, our bail and bond reduction attorneys may request the judge to consider your lack of any prior criminal record, your standing in the community, your family ties, your employment, along with many others, that may be helpful in getting the judge to reduce your bond. If you or a loved one is in jail and needs to have their bail or bond reduced please call 1-877-903-6683 to speak with an experienced bond reduction attorney immediately.
Cash Bond and Non-Cash Bond
Certain factors are considered in determining whether a bond is in cash or non-cash. More serious offenses typically require cash bonds. Non-cash bonds typically involve the use of collaterals such as cars or homes or other valuables, in addition to the 10% fee that you have to pay the bondsman for coming up with the bond for you.
In Florida, a bail bond can be posted in either one of two ways:
- You can post the entire amount, which means you post a full cash bond. This amount must be paid in cash or a cashier's check. Credit cards and personal checks are not accepted.
- You can use the services of a bail bonds agency and buy the bail bond for 10% of the bond amount. The majority of individuals charged with a crime in Miami, West Palm Beach, Ft. Lauderdale, Broward County, Dade County and Palm Beach County use a bail bonds agency.
The bail bondsman typically receives a premium - a fee of 10% of the bond amount. For example, if the bail bond is $10,000 dollars, then the bail bondsman's fee would be a $1,000. You still have to pay this amount in cash or cashier's check, not with a personal check or credit cards. In addition, you must collateralize the bond. This means you have to give the bondsman something as collateral that covers the entire value of the bond. If the bond is $10,000 you must be prepared to give the bondsman something that is valued at that amount or give the bondsman some financial interest on collateral, if the collateral's value is more than that of the bond. If you cannot afford bond at all and no friend or relative can come up with the bail bond for you, this may be the only way for you to post your bail bond. Speak to your bondsman on the details regarding contracting with their agency.
Violation of Probation Bonds
If you are arrested for a violation of probation (VOP), generally your bond is not set until you appear before the judge that senteced you to probation. However, we understand that there are emergency issues that come up and require you to be with you family. We can file an emergency motion for bond under certain circumstances on your behalf and/or ask a judge to allow a furlough.
Contact one of our Florida Bail Bond Defense
Attorneys for a FREE consultation.