Bail Bonds and Bail Bondsman
How does the bail bond process work?
If you have been arrested in Florida, you generally have the right to a reasonable bail bond pursuant to the Florida and U.S. constitutions. In Miami-Dade, Broward, and Palm Beach counties there is a standard bond schedule which allows somebody who has been 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 schedule is generally determined by the seriousness of the crime alleged to have been committed. For example, a simple misdemeanor charge like trespassing carries a low bond amount because it is not deemed a very serious crime.
If the crime alleged is not on the bond schedule, meaning a bond is not automatically set by the courts, the defendant will be brought in front of a judge within 24 hours. At this bond hearing, sometimes referred to as a magistrate hearing, the court has the duty to determine whether the probable cause affidavit (arrest affidavit) supports a finding of probable cause. If there is no finding of probable cause, the judge must order that defendant be released on his/her own recognizance. If the magistrate or judge finds probable cause, he must then set a reasonable bail bond.
The magistrate or judge is supposed to consider a number of factors in setting a reasonable bail bond. These can include:
• the nature and the circumstances of the offense charged and the penalty provided by law;
• the weight of the evidence against the defendant;
• the defendant's family ties, length of residence in the community, employment history, financial resources, and mental condition;
• the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings;
• the nature and probability of danger which the defendant's release poses to the community;
• the source of the funds used to post bail;
• whether the defendant is already on released pending resolution of another criminal proceeding, or on any probation, parole, or other release pending completion of sentence;
• the nature and probability of intimidation and danger to victims;
• any other facts that the court considers relevant.
This bail bond can be posted in one of two ways. You can post the entire amount in which case it is called a cash bond, or you can use the services of a bail bonds agency. The majority of individuals charged use a bail bonds agency. The bail bondsman receives a premium - a fee of 10% of the bond amount. For example, if the bond is $10,000 dollars then the bail bondsman’s fee would be a $1,000. Additionally, when you contract with the bondsman you must collateralize the bond, meaning you give the bondsman something that covers the entire value of the bond. Therefore, in the above example where the bond is $10,000 you must be prepared to give the bondsman something that values that amount. Speak to your bondsman for further details.
Although there is right to a reasonable bond in most cases, there are certain offenses where a person can be denied bond to the severity of the offense. These types of crimes are often referred to as "non-bondable offenses" and include crimes such as murder, armed drug trafficking, and burglary with a battery. In very serious cases like this your attorney has to request what is referred to as an “Arthur Hearing.” An Arthur Hearing is often like a mini-trial whereby the state has the burden of proving that the proof is evident that the crime was committed by the defendant and the presumption of guilt is great. In other words, the state must demonstrate that the there is an abundance of evidence and that there is a likely possibility that the defendant will be convicted.
If you have further questions regarding bail bonds, please contact our office so we can be of further assistance.
If you have been arrested in Florida, you generally have the right to a reasonable bail bond pursuant to the Florida and U.S. constitutions. In Miami-Dade, Broward, and Palm Beach counties there is a standard bond schedule which allows somebody who has been 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 schedule is generally determined by the seriousness of the crime alleged to have been committed. For example, a simple misdemeanor charge like trespassing carries a low bond amount because it is not deemed a very serious crime.
If the crime alleged is not on the bond schedule, meaning a bond is not automatically set by the courts, the defendant will be brought in front of a judge within 24 hours. At this bond hearing, sometimes referred to as a magistrate hearing, the court has the duty to determine whether the probable cause affidavit (arrest affidavit) supports a finding of probable cause. If there is no finding of probable cause, the judge must order that defendant be released on his/her own recognizance. If the magistrate or judge finds probable cause, he must then set a reasonable bail bond.
The magistrate or judge is supposed to consider a number of factors in setting a reasonable bail bond. These can include:
• the nature and the circumstances of the offense charged and the penalty provided by law;
• the weight of the evidence against the defendant;
• the defendant's family ties, length of residence in the community, employment history, financial resources, and mental condition;
• the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings;
• the nature and probability of danger which the defendant's release poses to the community;
• the source of the funds used to post bail;
• whether the defendant is already on released pending resolution of another criminal proceeding, or on any probation, parole, or other release pending completion of sentence;
• the nature and probability of intimidation and danger to victims;
• any other facts that the court considers relevant.
This bail bond can be posted in one of two ways. You can post the entire amount in which case it is called a cash bond, or you can use the services of a bail bonds agency. The majority of individuals charged use a bail bonds agency. The bail bondsman receives a premium - a fee of 10% of the bond amount. For example, if the bond is $10,000 dollars then the bail bondsman’s fee would be a $1,000. Additionally, when you contract with the bondsman you must collateralize the bond, meaning you give the bondsman something that covers the entire value of the bond. Therefore, in the above example where the bond is $10,000 you must be prepared to give the bondsman something that values that amount. Speak to your bondsman for further details.
Although there is right to a reasonable bond in most cases, there are certain offenses where a person can be denied bond to the severity of the offense. These types of crimes are often referred to as "non-bondable offenses" and include crimes such as murder, armed drug trafficking, and burglary with a battery. In very serious cases like this your attorney has to request what is referred to as an “Arthur Hearing.” An Arthur Hearing is often like a mini-trial whereby the state has the burden of proving that the proof is evident that the crime was committed by the defendant and the presumption of guilt is great. In other words, the state must demonstrate that the there is an abundance of evidence and that there is a likely possibility that the defendant will be convicted.
If you have further questions regarding bail bonds, please contact our office so we can be of further assistance.
