Former Prosecutor
Bail Hearings
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 can be achieved by filing a motion for bond; considering all or at least some of the subsequent factors:
The right to acquire bond in the State Court system is governed by Fla. Stat. 903.011 et. seq. Bail and Bond comprise all methods of pretrial 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 pretrial 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 certain serious cases, instances relating to violations of community control or felony probation bond awaiting final hearing on the offense may not be established. This rule doesn’t apply to an offense built on failure to pay monetary requirements throughout the period of community control or a probationary period.
Bonding agents (bondsmen) may be post surety bonds once a surety bond is set by the court or a cash bond equal to 10% of the total agreed upon 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 failure to appear in court when summoned, their history of convictions, their past conduct as well as their recent behavior, fleeing the jurisdiction for the purpose of avoiding prosecution, 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.
Read more about Bail Hearings in the State of Florida
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Contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954.928.0059 in Dade & Broward or 561.366.8200 in the Palm Beaches.