How Is Bail Determined in Florida?

After being arrested, you will be held in jail until your first court appearance. In Florida, that appearance called a magistrate hearing or bail hearing, is usually within 24-48 hours after the arrest. At that hearing, the judge will determine whether you are eligible for bail. If you are, they will take a number of factors into consideration when setting the bail amount.

How Is Bail Determined?

After being arrested, you will be held in jail until your first court appearance. In Florida, that appearance called a magistrate hearing or bail hearing, is usually within 24-48 hours after the arrest. At that hearing, the judge will determine whether you are eligible for bail. If you are, they will take a number of factors into consideration when setting the bail amount. After bail is set, you or your family will need to begin the bail bonding process. At Bob Barry Bail Bonds, we offer 24-hour bail bonds in Daytona Beach, FL.

How Do Bail Bonds Work?

When a judge sets a bail amount, you can either pay the amount in full to the court, stay in jail, or ask a bail bonding company to help you make bail. A bail bonding company will have you or your family pay a percentage of the total bail amount and put-up collateral. In return, the company will pay bail to the court. A bail bond is a surety bond or guarantee to the court that you will appear in court for your hearings and trial. If you don’t appear, you are considered a fugitive and your bail bonding company will have a vested interest in bringing you back to jail. If they don’t find you, they won’t get their bail money back. They may look for you themselves or hire a Fugitive Recovery Agent to track you down.

For These Crimes, No Bail Is Available

In the state of Florida, some crimes are considered too serious to be eligible for bail. The court doesn’t want to take on the risk of you fleeing from justice, and if you remain in jail until your next hearing or court date, they know you can’t escape. A judge is unlikely to set bail for sex crimes, child abuse or child sex abuse, murder, armed burglary, and assault with a deadly weapon or attempted murder. Even if you are charged with a crime that doesn’t qualify for bail, an attorney can file a bond motion to argue for the granting of bail. An attorney and bail bonds agent might cooperate to get bail granted, paid, and ensure a defendant’s appearance in court.

How Is Bail Amount Determined by Judges?

Each judge is different and might take different factors into account when determining the amount of a defendant’s bail. Their decision might be influenced by the defendant’s countenance and appearance, references from family, friends, and employers, and arguments made by the defendant’s attorney. A judge may grant, deny, or change the amount of bail based on a defendant’s:

• Charges and their severity
• Past & present conduct
• Potential for danger to society
• Age
• Education level
• Employment status
• Involvement in society
• Ties to the community
• Family & friends’ participation in the process
• Criminal record
• Flight risk
• Likelihood of committing a future crime
• Financial status

What Happens at Your First Court Appearance?

Your first court appearance should occur within 24-48 hours after your arrest. This appearance is usually called a first appearance, bail hearing, or magistrate hearing. At this hearing, the judge will inform you of the charges you face and will give you or your attorney a copy of the complaint against you. If you don’t have an attorney, the judge will advise you of your right to have an attorney appointed. The judge will then consider all of the factors listed above to determine what the amount of bail should be.

When Your Bail Is Set, What Are Your Options?

Once bail is set, your options are to pay the full amount of bail yourself, get assistance from a bail bonding company to pay a percentage of the bail amount, have your attorney request a bail reduction hearing, or stay in jail. If you cannot pay the full amount of bail yourself and the court denies your attorney’s request for bail reduction, a bail bonds agent can help you make bail. You or a family member will need to pay a percentage of the total bail amount and put-up collateral. The bail bonding company will then pay the remainder of the bail amount to the court to secure your release.

Can Your Bail Amount Be Reduced?

Yes, your bail amount can sometimes be reduced. Your attorney can file a request for a bail reduction hearing or a motion to reduce the bond. At this hearing, your attorney will argue that you are not a flight risk, you don’t pose a threat to the community, and that the amount of bail is too great a financial burden for you and your family. It will be up to a judge to grant or deny your request.

What Should You Do If the Police Arrest You?

If you are arrested, you should immediately contact an attorney. An attorney can fight for your rights and give you the best chance of a favorable outcome in court. Once your bail is set, you should contact a bail bonds agent or bail bonding company. Your attorney and bail bonds agent can help you navigate the complexities of the legal and bail bonds process.

Contact Bob Barry to Be Your Bail Bonding Advocate

If you or a loved one has been arrested, call our team at Bob Barry Bail Bonds to act as your bail-bonding advocate. We offer 24-hour bail bonds in Daytona Beach, FL and we only charge 10% of the total bail amount. We have extensive experience with law enforcement and the courts, and we can safeguard you from incarceration and protect your rights. Call us today or contact us online to learn more about the bail bonds process and how we can help.