Have you ever been placed behind bars in Florida? Do you remember the bail laws that were in place? Well, there are various bail laws set in each country. It is essential to understand their bail laws to know what to do if you, your friend, or a family member, get arrested. This article will specifically discuss all that you need to know concerning bail laws in Florida. Let’s dive in.
What does bail mean?
Bail refers to the terms, conditions, or a given amount of money that the court sets to the arrestee to be given as an assurance that the person will appear before the court on the set a date for trial. The bail can be either cash bail or bail bond. A cash bail applies when the arrestee deposits money or property with the court to ensure that they comply with all the court requirements. A bail bond or simply a “bond” is an assurance that the bail bondsman will pay the entire bail of the arrestee if he or she fails to appear for a court hearing. A bail bond can be paid using money or other property of the set monetary value.
How are Bail Bonds set in Florida?
Each of the criminal violations has a preset monetary value to be given as bail bonds. The court is responsible for setting bail bonds for each crime based on the severity of the crime. But, bail bonds can change depending on the judge dealing with the case. The judge can either increase or reduce the amount based on the assembled facts.
If you are faced with several charges, each of the charges can attract a different bail bond that you will be required to post. You will require a bail bond lawyer to take you through the process since many factors determine the bond. There are criminal offenses regarded as non-bondable in Florida due to their ability to cause harm to society. If you find yourself in the hands of police from such cases, you are likely to stay behind bars until the trial is heard because there is no predetermined bail bond for such offenses. But, you can opt to find an experienced criminal defense lawyer who will help you by setting a bond motion asking the court to allow you to be out of court through bail.
What usually happens with the bail bonds?
You can use a bail bond firm to offset the entire bail bond to the court in Florida. You are responsible for finding your preferred bail bond company that usually asks for a non-refundable fee of 10% of your set bail bond. The fees could change if the bail bond company were to post a federal bond. If this were to occur, you would be required to pay the company a 15% fee of the total bail bond amount.
The same bail bond amount will be refunded if you follow the court rules by attending all your court hearings. Your bail bond company will benefit from the ten percent commission that you offer. If you fail to appear for the hearings, you or your bail bond company will lose the bail bond to the court. However, the bail bond companies do not usually want to lose their money due to your failure to appear in court. They can sue you if you fail to appear before the court and get their refunds.
What happens when you don’t attend court proceedings?
The bail bond company can ask you to place security on the bail bond amount, especially if it’s enormous. You could place any of your assets such as a house, car, or any other item worth the bail bond amount. For this to happen, you need to have signed an agreement showing that you allow your asset to be used as security for the bail bond. Once you sign the agreement, the bail bond company has more authority over your undertakings. They can ask you to stay in a particular location, be available, or regularly inform them of your location.
Additionally, the company can decide to come after you and put you behind bars if you fail to appear for your court proceedings. The court will also issue an arrest warrant for consecutively missing your court proceedings. Florida’s good thing regarding the bond dealers is that the bail bondsmen are not allowed to hunt you if they are not authorized bail agents as outlined in the Florida Statutes, Section 648.30.
What is the time expected for the bondsmen to post your bond?
A booking process usually begins immediately after your arrest, and it could take between one to three hours, depending on the jail activities at that time. The longest it could take can be twelve hours. The only exception with the process is when you are taken in due to a DUI case whereby you’ll have to stay in until your blood alcohol level drops to a certain level. A rapid intake is an available option whereby the person can quickly place their bond through their lawyer as soon as they know they have a warrant of arrest to avoid inconveniences such as staying in jail and the embarrassments involved.
How is a Florida bail bond taken?
After your arrest, your family member or a friend looks for a trusted bail bondsman who will be issued with your details such as name, birth date, and the detention county. The bail bondsman can then work on the necessary bond forms, and it will be required of you to hand in your Florida driving license. When all paperwork is completed, the bail bondsman can then post your bond, and you’ll be allowed out of jail.
This process takes approximately five hours. The bail bondsman and Indemnitor will take charge of your appearance for your court appearance until the day when the bail bond is discharged. At the end of the suit, the bail bond is terminated, and the Indemnitor gets back the collateral for the bail bond, less the attracted fees.
Florida’s bail laws are clear and straightforward. In case you or have your friend, family member, or any of your acquaintances get arrested in Florida, be sure to abide by the bail laws and have an experienced lawyer. We hope the article has enlightened you on matters regarding the bail bond.