Glenn R. Roderman Criminal Law Blog on Lawyers.com

The Right to Bail

Bail is the money or bond paid by persons charged with crimes in order to ensure that they will appear in court for scheduled criminal proceedings.  If the defendant shows up for all scheduled court appearances, then the bail is returned after the verdict (even if the verdict is guilty).  If, on the other hand, the defendant fails to appear in court as scheduled, then the posted bail is forfeited.

The idea behind bail is to preclude the state from holding innocent people in jail.  In our judicial system, in which the accused are ‘innocent until proven guilty’, people accused of crimes have certain guaranteed protections, as outlined in the Bill of Rights:

• 6th Amendment: the right to prepare a defense
• 6th Amendment: the right not to be punished prior to a conviction
• 8th Amendment: the right not to have to pay excessive bail

How bail works in Florida

Different states and jurisdictions have different procedures regarding the administration of bail. For example, in Florida, individual counties determine the deadline for the state to notify defendants of bail amounts.  In Florida, as elsewhere, several factors are used by court-affiliated bail investigators in determining the bail amount:

• Personal records: names, addresses, dates of birth, employment, criminal record, mental health and drug abuse history
• Seriousness of the offense: the bail amount tends to correspond to the seriousness of the offense and the severity of the punishment if convicted, with more serious crimes resulting in higher bail amounts.
• Financial status: the defendant’s ability to pay a proposed bail amount is considered.
• Other factors: other factors, such as family ties and community relationships, may be considered.

There are several common forms of bail payments in the United States, which may vary in details from jurisdiction to jurisdiction:

• Recognizance:  This takes the form of an affidavit by the defendant promising to appear in court. Sometimes, a monetary amount is set but not paid unless the defendant fails to appear in court.
• Surety:  When third parties, such as a bail bondsmen, take responsibility for the bail by pledging their property or security to guarantee the bail bond to the court. Only approved corporate sureties can issue bonds.
• Cash:  Defendants can pay their bond in cash and in some cases, pay the court 10% of the fixed amount.
• Property:  A pledge of property may be permitted, depending on the jurisdiction.

If you are unsure about how your bail was determined or if you have questions about your bail options, do not hesitate to contact a criminal defense lawyer in Fort Lauderdale.

Article By Fort Lauderdale criminal lawyers:

Glenn R. Roderman
200 SE 6th Street Suite 201
Fort Lauderdale, FL 33301
954-764-6800