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Hillsborough
Motion to Release Defendant and Set Reasonable Bond

Hillsborough Florida Motion to Release Defendant and Set Reasonable Bond

State:

Multi-State

Category:

Criminal - Motions

County:

Hillsborough

Control #:

US-02735BG

Format:

137 downloads

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 bond 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 second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Typically, when a citizen is arrested for a criminal charge, they can only be held for 30 days without being charged before they must be released. A charge is necessary for a bond hearing to take place in these scenarios, which essentially means that they can be held for 30 days without bond in Florida.

Most of the states in the US, including Florida, have a stay-out-of-jail period that ranges from 90 days to 120 days. These range of days varies according to the nature and severity of the crime committed.

When the bond is set too high, a criminal defense attorney can file a motion asking the court to set a substantially lower bond or release the defendant on his or her own recognizance (often called the ?OR? bond or the ?ROR? bond). Each judicial circuit has its own procedures for requesting a reduction in bond.

In Florida, particular crimes are ?non-bondable? offenses, meaning that the defendant will probably remain in custody until the case is concluded. Certain sex crimes, murder, and armed burglary, for example, are non-bondable charges.

Generally, the defendant can request a lower bond and release from jail by motion. A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail).

At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the judge may appoint an attorney from the Public Defender's Office to the case.

If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.

A Bond Hearing is a procedure for those accused of committing a capital felony in which the defense can present their case to prove that either a) the charges do not come with enough evidence to prove their guilt or b) that the defendant is not a danger to the community at large nor do they risk flight.

Hillsborough Florida Motion to Release Defendant and Set Reasonable Bond

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How long can you be held without bond Florida?

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How do I get a bond reduction in Florida?

What charges have no bond in Florida?

How do you reduce a bond?

What does arraignment mean in court for a felony in Florida?

What is motion to reduce bail?

What is a bond hearing in Florida?

What does no bond mean in Florida?

Interesting Questions

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Hillsborough Florida Motion to Release Defendant and Set Reasonable Bond

Description

Related forms

Get your form ready online

Looking for another form?

Viewed forms

How to fill out Motion To Release Defendant And Set Reasonable Bond?

Form popularity

FAQ

How long can you be held without bond Florida?

How long can you be on bond in Florida?

How do I get a bond reduction in Florida?

What charges have no bond in Florida?

How do you reduce a bond?

What does arraignment mean in court for a felony in Florida?

What is motion to reduce bail?

What is a bond hearing in Florida?

What does no bond mean in Florida?