How do bond hearings work in Florida?<\/strong> What are \u201cNo Bond\u201d cases? <\/strong> What happens if the bond is set too high? <\/strong> What can I do if I have no bond, or my bond is too expensive? <\/strong> BOND HEARINGS UNDER FLORIDA LAW How do bond hearings work in Florida? The right to be released on bail\u202for other pretrial release is found in the US Constitution in the 8th Amendment and it is found in the Florida Constitution in Article 1, Section 14 in that portion of the Florida Constitution known as the … <\/p>\n
\nThe right to be released on bail<\/a>\u202for other pretrial release is found in the US Constitution in the 8th Amendment and it is found in the Florida Constitution in Article 1, Section 14 in that portion of the Florida Constitution known as the \u201cDeclaration of Rights.\u201d Florida Statute Chapter 903 describes the bail bond process and procedures. Chapter 907 covers \u201cPretrial Release.\u201d The procedures for Pretrial Release are found in Rule 3.131 of the Florida Rules of Criminal Procedure. This is complicated.
\nIn practice, every county establishes a \u201cStandard Bond Schedule\u201d where the Chief Judge for the county signs an Order advising the jail personnel to set and accept bail bonds in accord with a \u201cschedule.\u201d A little like a menu, the schedule lists nearly every offense in Florida and then sets a \u201cstandard\u201d bond for that offense.<\/p>\n
\nOffenses for which the maximum penalty is life imprisonment (or death) are not entitled to immediate bond. They are initially booked in as \u201cNo Bond\u201d cases. The arrestee will then see a judge at \u201cFirst Appearance\u201d that takes place within 24 hours of the person\u2019s arrest. If the judge finds that there is probable cause and the offense is punishable by life or death, then the person remains jailed without bond until and unless an attorney files a motion to set bond and there is a hearing. If the State is able to show enough proof to the Court at this bond hearing that the Court finds that the case is proven by more proof than would be required for a conviction (a\u202fvery high burden)\u202fthen the Court may leave the person in jail without bond or the judge can exercise the discretion to set a bond anyhow.\u202fThe Defense Group\u202fis frequently called upon to file motions to set bond in cases like this.<\/p>\n
\nIn other cases, the bond schedule may call for a very high bond or a judge may set a very high bond on a warrant or at First Appearance. For the average working family, a bond in excess of $250,000 is tantamount to no bond. It would require 10% of the bond as payment to a bondsman\u202fand\u202fsufficient collateral so that the bondsman can recover\u202f his loss in the event the person fails to appear in court.\u202fThe Defense Group\u202fis frequently retained to try to get such bonds reduced so that the family can get their loved one out of jail.
\nIt is also common for judges to put \u201cNo Bond\u201d on warrants for Violation of Probation. The Defense group often files motions to set bond in such cases even though the person\u202fis not entitled to\u202fbond\u202fas a matter of law for violations of probation.\u202fSometimes we use this hearing to seek a release on bond. Other times we are successful in resolving the entire violation at the proceeding that was scheduled for the bond hearing. This has the effect of getting the person out of jail faster.<\/p>\n
\nCall one of our two locations at (407) 831-1956<\/a><\/b> <\/b>or <\/b>(352) 742-9090<\/a><\/b>, for a prompt and\u202ffree consultation<\/b><\/a> with an experienced Central Florida criminal defense attorney at The Defense Group<\/b>. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.<\/p>\n","protected":false},"excerpt":{"rendered":"