Sitting in jail waiting weeks, maybe even months, for your trial date is probably the last thing you want to do. Time in jail means time away from work and family; it could even lead to a termination of your employment depending on your job and the severity of the charge. Fortunately, there is a way to avoid this scenario through something called bail.
Bail is a sum of money that a defendant must pay to be released from jail prior to the trial. Bail can vary wildly in many different cases, as setting bail is almost entirely at the presiding judge’s discretion. When deciding the amount to set bail, judges will look at a list of criteria that can be found in §903.046 of the Florida statutes. Below are the different factors that judges will look at:
- The nature of the charges
- The weight of the evidence against the defendant
- The defendant’s family ties, employment, and connection to the community
- The defendant’s past and present conduct, including prior convictions or failures to appear at court
- Probability of danger that the defendant’s release poses to the community
- The source of funds the defendant would use to post bail
- Whether the defendant is already on bail, parole, or probation for another criminal proceeding
- The street value of drugs or controlled substances connected to the case
- Probability of intimidation and danger to victims in the case
- Whether there is probable cause to believe that the defendant has or will commit a new crime when released
As an example, let’s compare two different hypothetical cases. In one case, we have a 19-year-old defendant who currently lives with his parents and has a part-time job at a local retail chain. He is being charged with criminal mischief after vandalizing a government building. In another case, we have a 35-year-old defendant who has recently divorced and is currently unemployed. She is being charged with attempted voluntary manslaughter.
In the first case, the judge may be more lenient on bail. The defendant is unlikely to be a flight risk (meaning someone who could potentially flee the state or even country to avoid charges), since he is living with his family and has a part-time job in the community. Additionally, his charge is typically punished as a misdemeanor. Thus, the judge would probably set bail at a relatively low amount.
In the second case, however, the judge will likely be stricter with setting bail. The defendant has no personal ties to the community in which she is being charged and is also being charged with a more severe crime. As a result, the judge may look at these circumstances and decide that a higher bail amount would be more appropriate. If the circumstances appear especially severe, the judge may even deny bail altogether.
The bond money is used to ensure that the Defendant will appear in court and not flee. If the Defendant, however, complies and appears in court as required, the bond money is returned to whomever paid it. In the event that the Defendant complies and resolves the case – there will likely be court fees and other fines that need to be paid to the Clerk of Court. In this situation, these costs and fines are taken out of the bond money being held by the Clerk. The remainder, if any, is distributed back to the payor.
Once the bond amount is set by the judge, the Defendant, or someone on the Defendant’s behalf, can pay the amount to be released. If the Defendant is unable to pay the full amount, they can consult with a bail bondsman. The bondsman will usually require the Defendant to pay 10% of the bond amount, and then the bondsman pays the full amount so that the Defendant can be released. This money is not recoverable and the bondsman keeps this money even if the Defendant is fully compliant with court. Once the case is resolved properly, these monies are returned directly to the bondsman and the Defendant is responsible for paying costs, fines, or fees to the court directly.
Because there are many moving parts, bond amounts can be unpredictable. Depending on the judge, the defendant’s behavior, and numerous other elements in play, the bail amounts in the previous examples could be completely different. To help ensure a bail amount that is fair for you, you will need an experienced criminal law attorney who can advocate for you in court. Call Hendry & Parker, P.A., in Dunedin, at 727-205-5555 today for a free consultation.