Bail In Criminal Proceedings In Florida

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Multi-State
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Understanding the New Law: This means that judges are now required to consider alternatives such as pretrial supervision, electronic monitoring, or personal recognizance before resorting to monetary bail. The aim is to ensure that pretrial release decisions are based on risk assessment rather than financial ability.

(5)(a) Beginning January 1, 2024, and annually thereafter, the Supreme Court must adopt a uniform statewide bond schedule for criminal offenses not described in subsection (6) for which a person may be released on bail before and in lieu of his or her first appearance hearing or bail determination.

Criminal Rehabilitation; Specifying that to rehabilitate the offender to transition back to the community successfully is one of the primary purposes of sentencing; reducing the minimum sentence that must be served by a defendant from 85 percent of the sentence to 65 percent; revising provisions concerning gain-time to ...

Understanding the New Law: This means that judges are now required to consider alternatives such as pretrial supervision, electronic monitoring, or personal recognizance before resorting to monetary bail. The aim is to ensure that pretrial release decisions are based on risk assessment rather than financial ability.

Florida's new statewide bond schedule, introduced under House Bill 1627, is a significant reform aimed at standardizing bail practices across judicial circuits. Effective January 1, 2024, the law seeks to establish consistency and equity in pretrial release decisions.

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.

First-degree misdemeanor & non-felony DUI – $500.00. Third-degree felony – $2,000.00. Second-degree felony – $7,500.00. First-degree felony – $15,000.00.

Third-degree felony – $1,500.00. Second-degree felony – $7,500.00. First-degree felony – $20,000.00.

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Bail In Criminal Proceedings In Florida