While some people can post a deposit themselves, for others the deposit amount may be beyond their means. One option for these defendants is bail. Bail works by having a third party post the full bail on behalf of the defendant. This is usually done for a fee paid by the defendant to the third party. Courts set large bonds to force the defendant to appear in court or risk losing a significant sum of money. As a result, bail amounts can be significant, and many defendants have no choice but to purchase the bond.
In Florida, a third party, usually a guarantor, posts bail on behalf of the defendant. A bond is a contract between the defendant, the third party, and the court. The court agrees to release the defendant, the defendant agrees to pay the debtor, and the debtor agrees to arrange for the defendant to appear on all dates prescribed by the court. Once the bail is paid, the defendant will be released. Bail can be issued for a variety of criminal charges, including:
What happens when you first appear in court?
If you are arrested in Florida, a judge can post bail on the warrant.
What is the deposit?
Bail is an amount of money that the defendant gives to the court to ensure that he will return if the judge releases him. The words bail and surety are often used interchangeably, but there is a slight difference. Bail is money given to the court, and bail is a loan obtained by the defendant or a third party to pay that bail. The principle behind bail is that the defendant returns to court instead of losing the money the court keeps for them, but of course, that doesn’t always happen. If the defendant does not appear in court, the court may revoke the release and issue a warrant for his arrest. Also, bail money can be lost in court, which is why bailout agencies often post rewards for unruly defendants.
By law, the defendant has the right to a bond hearing within 48 hours of arrest. However, that does not mean that they are guaranteed to be released. During the bond hearing, the judge reviews the probable cause affidavit, informs the defendant of his charges, and advises him of his right to an attorney. If the defendant already has a criminal defense attorney, the attorney can argue on the defendant’s behalf for a small amount of bail. Likewise, the state can advocate for more compromise or allow no compromise at all. When setting bail, the judge may consider the following factors:
If you post bail, do you get it back?
If cash payment is made to Florida bond courts and all bail release conditions are met, the bond will be returned, less administrative fees and court costs, once the bond is close the case. This means after the case has gone to court and the judge or jury has reached a verdict. For Florida escrow guarantees purchased through an escrow broker, the 10% deposit and any premium paid are non-refundable.
Florida bail statutes provide that the bond is good for 36 months after it is issued and the defendant is released. If after 36 months the case has not reached the courts and a verdict has not been entered, a new bond will be required in Florida.
Conditions of release before trial
A defendant who is released on bail (or recognition bond or other arrangement) pending trial, subject to conditions. Under Florida law, a person released pending trial must:
- not engage in any criminal activity
- refrain from contacting the alleged victim if the court determines the warrant no contact
- Compliance with any additional court-ordered release conditions