What Is The Purpose Of Bail In A Florida Criminal Case?
The purpose of bail in a Florida Criminal case is to ensure the appearance of a criminal defendant at subsequent proceedings and protect the community against unreasonable danger at the hands of the defendant. Criminal defendants are given the opportunity at a bail hearing to present to a judge reasons why they should be released on bail. There are a number of things the court shall consider when making a bail determination.
Some of the considerations the court must consider are: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's toes to the community; the defendant's prior record; and what the probability of danger the defendant poses to the community. Once the court has taken all of these factors into consideration it will set a bail amount. Generally criminal defendants hire a bail bondsman to pay the bail on their behalf. Most bail bondsmen require the defendant to pay at least 10% of the bond amount. In addition, they may require you to put up some other form of collateral depending on the bail amount. If you show up to trial when you are supposed to the bail will get returned to the bail bondsman after the case is over. The fee you pay to the bail bondsman is not returned to you.
If you have been charged with a crime you need to hire an attorney who can handle your bail hearing. An experienced Florida Criminal Law Attorney can help you get your bail reduced or set at a lower amount so you can get out of jail pending your trial. If your bail hearing is not handled properly you could be incarcerated the entire time your case is being litigated.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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