When a person gets arrested and placed in jail, one of the first things they (and often times friends and family) must immediately focus on is how to get out of jail as quickly as possible. Generally, before a person can get out of jail, they must have a bond granted by a judge and pay a bail bond. That’s why it is important to understand exactly what a bail bond is.
A “bail” is the monetary amount set by a judge as a security measure to ensure the arrestee’s appearance at future court dates. Once this amount is set and paid (in cash or through a bail bondsman), the arrestee may be released. “Bail” also refers to the actual cash payment paid by the arrestee or their designated bail bondman.
A “bail bond,” or “bond,” is the actual assurance provided by a bondsman that the bondsman will pay the entire amount of the arrestee’s bail should he or she fail to appear at a mandatory court hearing. Either money or property is required by a bail bond system for the assurance of the appearance of the arrestee at required court dates.
Setting of Bail Bonds
In general, each criminal violation has a preset bail amount, set forth by the court system in an administrative bail schedule, and based upon the severity of the crime that was committed. Although the amount assigned to each offense is predetermined, a judge does have the right to increase or decrease that predetermined amount based on the specific facts of each case.
Additionally, in Florida, certain crimes that the legislature has deemed extraordinarily heinous or by nature present a danger to society are designated as “non-bondable” offenses, meaning that no bail will be set and the arrestee will likely remain in jail while awaiting trial.
Murder, certain sexual battery crimes, and armed burglary are examples of criminal offenses that are considered non-bondable in Florida.
If you have been arrested on a non-bondable offense, you will need an experienced criminal defense attorney to set a bond motion in your case to argue that you should be granted bail and permitted to return home while awaiting the resolution of your case.
Types of Bail Bonds in Florida
Although there are several types of bail bonds, the two most common are cash bonds and surety bonds.
Cash Bond
A cash bond is when the arrestee pays the full bail amount in cash. A cash bond is most effective when the judge has set a very low bail amount.
For example, someone arrested on suspicion of DUI is likely to have a bail set at around $500.00. If that arrestee can pay that amount, it makes sense to pay the $500.00 in cash. Once the criminal case is resolved, the $500.00 will be applied to any applicable fees, and any remaining amount will be returned.
Surety Bond
A surety bond occurs when the arrestee uses a bail bondsman who agrees to be responsible for the arrestee's debts or obligations. Here, the bail bondsman pays the full bail amount.
In return, the arrestee pays the bail bondsman a percentage of the assigned bail. It is common for bail bondsmen to charge a fee of 10% of the total bail amount.
After the bail bondsman posts the bail, the arrestee is released from jail. At the conclusion of the case, the bail is returned to the bail bondsman, assuming the arrestee appeared at all required court dates.
The 10% paid by the arrestee to the bail bondsman is kept by the bondsman as their fee for doing business; this is why it makes sense to pay a cash bond if you can.
A surety bond makes the most sense where the assigned bail is very high. For example, someone arrested for delivery of fentanyl (or a fentanyl derivative) could likely have a bond set at $25,000.00 or higher. In that case, it makes sense to retain the services of a bondman, who would front the full amount to the court upon receipt of the arrestee's 10% fee, or $2,500.
Bail Bondsmen
Bail bondsmen are a necessary component of the criminal justice system and often help ensure a speedy release from jail.
Bail bondsmen help attorneys by getting their clients out of jail, regardless of the arrestee's financial status. Bail bondsmen and attorneys often work together to ensure a client’s appearance at required court hearings, which is a mutual benefit to both parties. Additionally, should an arrestee wish to travel out of state or out of the country while awaiting trial, a bail bondsman can help in assuring the court of the arrestee’s guaranteed return.
Contact an Experienced Criminal Defense Attorney
If you are facing criminal charges and are not sure how bail bonds work, contact the defense criminal attorneys at O’Mara Law Group today. We can help you understand the bail bond process, get you in contact with a reputable bondsman, and help represent you in your criminal case so that you get the best possible outcome.
