The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint. Once a complaint has been investigated, and the complaint is found to have probable cause, a crime can be charged either by information or indictment.
In Florida, bail is determined by the judge based on factors like the severity of the charges, your criminal history, and whether you are considered a flight risk. The judge may also consider community ties and the potential danger to the public.
Yes, you can bail yourself out of jail if you have the financial resources to cover the bail amount set by the court.
The uniform bond schedule The new law mandates the Florida Supreme Court to establish a uniform schedule for specific offenses not included in the “dangerous crime” category. This schedule became effective on January 1, 2024, outlining set bond amounts for various felonies and misdemeanors.
Bail bond fees are set by the state When bond is set for someone who was arrested in Florida, the amount is not made up. The bond is set based on pre-determined criteria depending on the crime. The criteria can include previous convictions, the likelihood of appearance, and the severity of the crime.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
If you can't afford bail, you will remain in jail until your court date, which can range from weeks for minor offenses to months or even years for serious charges. The timeline largely depends on the complexity of the case, the court's schedule, and whether there are any delays in the legal process.