The Florida Bail Process
When a person is arrested for a crime, the jail or a magistrate may set bail, which must be paid for the person’s release. The accused has two options for paying bail: they can pay the full amount directly to the court or use a bail bondsman. If they choose the latter, they will pay 10% of the bail amount to the bail bond agent, who will then provide the full bail amount to the jail as a bail bond. The 10% fee paid to the bail bondsman is non-refundable, as it compensates them for covering the bail amount on behalf of the accused.
Once the payment is submitted, the court holds the bail amount, either in cash or as a bond, and it does not earn any interest until the case is resolved. When the judge issues a final ruling, the bail amount will be returned to the person who deposited it. However, this process can sometimes take months or even years. If the accused fails to appear on a required court date, the bail is forfeited and retained by the court.
Additionally, it is not uncommon for courts to impose a surety bond along with a Statement of Reasons (SOR).
What is Bail?
Bail is a way to allow a defendant to return home while awaiting trial. By posting bail, you secure the accused person’s release. When determining bail amounts, judges typically consider two main factors: whether the defendant poses a danger to the community and the likelihood that the defendant will flee. If the judge believes the court’s criteria are met, bail will be granted.
1. The potential crime is not one that the defendant is likely to commit again.
2. The defendant does not pose a danger to the community.
How Bail Bonds Are Calculated When There Are Multiple Charges
In Florida, bail bond agents are regulated by state law and must charge a premium, typically 10 percent of the bail amount set by the court, for each bond written. The Florida Department of Financial Services explains that the premium for a state bail bond is set at 10 percent of the total bail amount, which serves as the nonrefundable fee paid to the bail bond agent to secure the defendant’s release.
Bonds Set At Less Than $1000
If the bail amount for a charge is less than $1,000, most bail bond agreements follow a $100 minimum premium per bond, because the 10 percent calculation would otherwise be too small. For example, if a charge has a bail amount of $250, the 10 percent calculation would only be $25, but the required minimum fee would still be $100. The same applies to a $500 bond, where the 10 percent calculation would be $50 but the premium would still be $100 due to the minimum requirement.
It is also important to understand that each charge usually has its own bond amount, and bail bonds are generally written per charge rather than combined into a single total before calculating the fee. For example, if someone has two charges with bonds set at $500 each, those are typically treated as two separate bonds, meaning the minimum premium would apply to each one individually. In that scenario, the premium could be $100 for the first charge and $100 for the second charge, rather than combining the $1,000 total and calculating a single 10 percent fee.
$1000 or More Bail Bonds
When bail amounts are $1,000 or higher, the standard 10 percent calculation is normally used. For example, a $1,000 bond would require a $100 premium, while a $5,000 bond would require a $500 premium. This percentage-based fee structure is widely used in Florida and is part of how licensed bail bond agents guarantee the full bail amount to the court in exchange for the defendant’s release while the case proceeds.
Key Factors a Judge Considers When Setting Bail
Character References
Mandatory Monitoring
Employment History
Community Support
Electronic Monitoring
Surrender Passport
Florida Jail Release Options
Surety Bond
A surety bond is an agreement between a bail bondsman and a person to secure a defendant’s release from jail. The bail agent then guarantees to the court that they are responsible if the defendant fails to appear for their court hearings.
Cash Bail
The defendant is required to pay the full bail amount in cash to the clerk of courts. This amount will be refunded upon the completion of all scheduled court appearances. It is important for defendants to keep all court dates to ensure the return of their bail.
Release on Own Recognizance (ROR)
If the judge is convinced the defendant is not a risk, he or she may release the defendant on his or her own recognizance. This is a signed agreement by the defendant, promising they will appear for all future court appearances and will not engage in any illegal activity.
Supervised Own Recognizance (SOR)
If you accept SOR, you will be interviewed at the jail and, upon signing the paperwork, begin the release process.
Supervised Own Recognizance does require a personal visit to the SOR office once a week, and they monitor your compliance. You are required to meet conditions imposed by the court, as well as ensuring that the Court is aware if you violate any of your conditions, miss an SOR meeting or pick up a new criminal charge. Every week, there is a $10 SOR fee. Failure to pay this fee can put you back in jail for not complying.
We Process Bail Bonds 24/7 For Fast Jail Release
Call any time of day or night, we’re here to help. Our experienced bail bond agents will post bail on behalf of your family member or friend in the State of Florida. We can help speed up the release process, which makes this stressful experience a bit easier for you and your loved one in jail.
Bail Bond Conditional Release
A bail bond conditional release permits a defendant to exit jail prior to their trial by adhering to specific court-imposed restrictions instead of paying a cash amount. This option is typically reserved for lower-risk individuals or aimed at safeguarding community interests. Conditions may involve travel bans, mandatory drug testing, or prohibitions on contacting certain people.