Bail: How it is established in Florida

If you have been arrested in Florida, you may be required to post a bond before being released. Learn how it works and what you need to keep in mind to get out of jail as soon as possible.

What is bail?

Bail is an amount set by the court to grant a pre-trial release. The amount is determined according to certain factors, such as:

• The crime of which he is accused
• Weight of evidence
• If there are past convictions or past dangerous behaviors
• Ties to the community (family, length of residence in the area, employment status, etc.)
• If the release of the person could represent a danger to the community
• If there is a risk of flight
• Financial resources of the defendant
• Defendant’s mental health

What if a person can’t post bail?

If an arrested person is unable to post bail, it is possible to work with a bail bond agent. Typically, the arrangement is for the defendant (or a representative) to pay the bail bondsman 10% of the bail amount.

Once the contract is executed and the fee is paid, the bail bondsman posts the full bail amount with the court, and the defendant can be released. The court holds the funds until the case is concluded unless the defendant forfeits bail by failing to appear in court or violating the terms of the pretrial release.

Is a bond always required?

In some cases, the defendant can be released without posting a bond. This is sometimes called being released on “your own recognizance” or “ROR”. The defendant is simply ordered to return to court at the appropriate time. The court trusts the accused’s word and trusts that he will comply with the pre-trial process. Occasionally, the Court will require a defendant to report to pre-trial release services on a weekly basis to ensure compliance with any non-monetary conditions of release. 

Of course, bail is only the first of many problems facing a criminal defendant. Working with an experienced criminal defense attorney will help you make a better case. Contact us for legal help.

Important note about ICE holds

If the defendant has an ICE hold, posting bond could be disastrous to both the criminal and immigration case. If an ICE hold is in effect, the defendant will not be released upon posting a bond. Immigration Officials will have 48 hours to pick up the defendant once the bond is posted. Therefore, If the defendant is an immigrant, be sure to speak with an attorney prior to posting a bond. The defendant likely will need to stay in jail until the criminal case is resolved.