Bail In Criminal Antecedents In Palm Beach
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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.
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.
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.
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.
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.
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.
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.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
