Bond Hearings
A bond hearing in Florida is a legal proceeding where a judge determines whether to grant bail and, if so, the amount of bail for a person who has been arrested and is awaiting trial. The purpose of a bond hearing is to balance the interests of the accused's freedom before trial with the need to ensure their appearance in court and protect the community.
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Timing
The bond hearing usually occurs shortly after the arrest. It is an opportunity for the judge to review the circumstances surrounding the arrest and consider factors that may impact the decision on bail. Most arrestees will be granted a bond at or before their first appearance. However, some arrestees are not entitled to a bond.
Types of Bonds
Cash Bond: The defendant pays the full bail amount in cash. Surety Bond: A bail bondsman posts the bail on behalf of the defendant for a fee. Property Bond: The defendant or a third party uses property as collateral to secure the bail amount.
Factors Considered
The judge considers various factors when determining whether to grant bail and the amount, including the nature and severity of the charges, the defendant's criminal history, ties to the community, employment status, and the risk of flight. Florida Statute 907.041 governs pretrial detention and release. The judge refers to this statute when determining the conditions to impose and the amount to set bond at.
Pretrial Release Programs
In some cases, the judge may consider alternatives to traditional bail, such as pre-trial or supervised release programs, which may involve conditions like electronic monitoring or regular check-ins. Pre-trial release programs are often used in instances where there is an alleged victim the accused should not contact or a place of business that the accused should not return to pending resolution of the case.
No Bond
In certain circumstances, especially for serious offenses or if the defendant poses a significant flight risk, the judge may order the defendant held without bond. There are few, very limited circumstances where a defendant is not entitled to bond, mainly when they have violated probation.
Defense Attorney's Role
The defendant has the right to be represented by an attorney at the bond hearing. The defense attorney may present arguments and evidence in favor of granting bail and may challenge the prosecution's arguments.
Subsequent Bond Hearings
If circumstances change, the defense may request a subsequent bond hearing to seek a modification of bail conditions. This modification could seek to reduce the bond amount in order to get the accused out of custody or to modify the conditions of pre-trial release if the accused is out of custody.
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It's important for individuals facing a bond hearing to consult with a criminal defense attorney who can advocate on their behalf during the hearing. The specifics of bond hearings can vary greatly depending upon the county the case is in and the judge the case is in front of. If you or someone you know has questions about bond or bail, contact attorney Madison Howeller at 386-846-6043. Consultations are always free.
If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at 386-846-6043. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.