Bail Without Charge In Florida
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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 ...
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.
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.
In Custody Defendants: If the state attorney hasn't filed charges within 30 days and no 10-day extension is granted, the defendant must be released. If charges aren't filed by day 40, the defendant may not be held in custody for that offense any longer.
Paying Cash Bail to the Court In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.
The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).
Companies can issue bonds, but most bonds are issued by governments.
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.