Bail With No Conditions In Florida

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Multi-State
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US-00006DR
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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

As opposed to conditional bail, unconditional bail is simpler and a bit unstructured. An unconditional bail is usually applied when the accused person is a no–flight-risk, their charges are relatively insignificant, they don't seem like a danger to society, and they have a clean criminal record.

Some of the characteristics of bonds include their maturity, their coupon (interest) rate, their tax status, and their callability. Several types of risks associated with bonds include interest rate risk, credit/default risk, and prepayment risk.

Defendants out on bond are often required to remain within a certain geographic area, usually within the state or county where the case is being prosecuted. Travel outside of this area is typically prohibited unless explicitly permitted by the court.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

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.

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.

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 ...

(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.

Certain Violent Felonies and Crimes In addition to capital, life, and first-degree felonies, certain other felonies and dangerous crimes could disqualify someone from being granted bail. These include violent crimes in Florida such as: Arson. Aggravated armed burglary.

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.

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Bail With No Conditions In Florida