Bail Hearings in The State Of Florida
The Right To Bail Is A Critical Early Step In Each Criminal Case
The right to bail is a critical early step in each criminal case; after a defendant is arrested a skilled lawyer should seek bond for his client at the earliest opportunity. This is accomplished by filing a motion for bond which should consider some or all of the following factors.
The right to bond in the State Courts are governed by Fla. Stat. 903.011 et. seq. Bail and Bond include all forms of pre trial release. Each charge requires a separate bond. In some cases where a defendant is not considered to be a flight risk he can be released on his own recognizance; In other cases a bond can be set by the court or the court may refuse to set a bond and hold the defendant in pre trial detention.
An application for bond modification must be heard at a hearing where the defendant is present with a minimum of three hours notice given to the State Attorney's Office.
In instances involving violations of community control or felony probation bond pending final hearing on the violation will not be granted in certain serious cases; this rule does not apply to a violation based on failure to pay financial obligations during the term of community control or probation.
Surety bonds may be posted by bonding agents (bondsmen) once a surety bond is set by the court or a cash bond equal to 10% of the total set may be paid by the defendant to secure the defendant's release after a bond is set.
When determining whether to release a defendant on bail the court shall consider the the following factors set forth in Fla. Stat. 903.046; the nature and circumstances of the offense charged,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 flight to avoid prosecution or failure to appear at court proceedings, the nature and possibility of danger which the defendant 's release poses to the community, the source of funds used to post bail whether the defendant is already on release for another criminal matter, the street value of any drug charged in a narcotics case, the danger release may pose to victims, whether the defendant committed a new crime while on pre trial release or any other facts the court considers relevant.
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