Bail Forfeiture In Palm Beach
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(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.
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.
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.
Under Florida Rule of Criminal Procedure 3.134, state prosecutors generally have up to 30 days to file charges against someone following their arrest. If the defendant remains uncharged, the court must release them on their own recognizance by the 33rd day following their initial arrest.
The maximum stay depends on the court system. Typically you will be held until your trial, also called "pretrial detention." While you have the right to a "speedy" trial, the definition of this is up to the court and can vary. This means you might be kept in jail for anything from a few weeks to several years.
Both the Indemnitor and the bail bondsman are responsible for your appearance in court until the case has been completed and the bail bond is discharged. Once your case is over and the bond discharged, any collateral which was put up for the bond will be returned to the indemnitor—minus potential fees.
The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.
