Bail Versus Bond Forfeited In Florida

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

The Bail Bond Agreement is a legal document used in Florida that outlines the responsibilities and obligations of the Applicant (person requesting the bond) to the Bail Bonding Company (BBC) and the Surety. It establishes the conditions under which a bail bond is executed and highlights the key concept of bail versus bond forfeiture, detailing what happens when the terms are not met. The document includes instructions for filling out relevant information, such as the names and addresses of parties involved and the premium amount to be paid. The form emphasizes the Applicant's commitment to indemnify the BBC and Surety against any expenses or liabilities that may arise due to the execution of the bail bond, including any fees incurred if the Defendant must be apprehended. It also contains provisions for the immediate payment upon forfeiture of the bail bond and the necessity of cooperating with the BBC or Surety to mitigate any potential liabilities. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a structured approach to securing bail for defendants, clarifying responsibilities, and ensuring compliance with Florida's legal stipulations regarding bail bonds.
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FAQ

Committing a New Crime – If a defendant is arrested and charged with a new crime while out on bail, their original bond is likely to be revoked. Engaging in criminal activity while on bail demonstrates to the court that the defendant is a risk to the community and is not adhering to the terms of their release.

Grounds for Revoking Bond in Criminal Action The court explained that while Florida law generally allows pretrial release unless there's strong evidence of guilt, Section 903.0471 permits courts to revoke pretrial release if there's probable cause that the defendant committed a new crime while on release.

Understanding the Process Typically, a cosigner can withdraw from a bail bond by demonstrating to the court or bail bond company that they no longer wish to be responsible. This process may involve legal proceedings and requires cooperation from the bail bond company and sometimes the defendant.

The court has required the bond, and only the court is able to cancel the bond by issuing a “release” stating the bond is no longer needed.

(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book.

Understanding Bail and Bond in Florida: Key Takeaways While the terms “bail” and “bond” are often used interchangeably, understanding the distinction is important. Bail refers to the full amount set by the court, while a bond is a financial arrangement, typically with a bail bondsman, to meet that bail requirement.

Forfeiture is when refuse or try to refuse to appear in court by becoming a fugitive while out on bail. You don't get that back. Cancellation: Confronted someone you had a restraining order against while out on bail.

Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...

If the prisoner is admitted to bail and fails to appear and surrender ing to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state.

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.

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Bail Versus Bond Forfeited In Florida