When someone is arrested, they typically are entitled to have a bond set. A bond often refers to the amount of money that a person could pay to be released from jail. A person placed under arrest may be able to pay the cash for their release in full or could potentially seek the services of a bail bond company. Whatever the case may be, a Ft. Lauderdale bail/bond defense lawyer may be able to intervene early on in your criminal case and get a reasonable amount set for your release.
A legally valid defense often starts at the beginning of a case and a skilled defense lawyer from Leifert & Leifert could help. Schedule a meeting to discuss your case and possible legal strategies today.
How Do Bonds Work in Ft. Lauderdale?
When you are arrested for a criminal offense, you are typically entitled to have a bond set. Local bail schedules in each jurisdiction frequently determine the type and amount that a Judge sets in each case, although a Judge does usually have the discretion to increase or decrease the amount of bail in any case.
In some cases, when you are accused of committing a felony offense that is punishable by life in prison and they believe there is sufficient proof of guilt, the Judge may rule that you are not entitled to have a bond set. This also may be the case when the State Attorney’s office files a proper motion for pre-trial detention based on proof of guilt beyond a reasonable doubt or when the safety of the community is at issue. One of our Ft. Lauderdale defense lawyers could help present an argument on why you should be entitled to a bond.
What is the Procedure for Setting Bail?
After you are arrested, you typically must appear before a Judge within 24 hours. This hearing is commonly referred to as an initial or first appearance hearing. At this hearing, the Judge may review the information in the arrest affidavit and potentially determine probable cause. The Judge also may adjust the amount of the bond set at the time you were arrested as appropriate. They generally have the authority to increase, decrease, or keep the bond the same.
Following the initial appearance, if the Judge has set no bail or a bond that is in an unreasonable amount, you could request that a hearing to determine whether the amount should be lowered. A Ft. Lauderdale defense attorney could help you determine whether it is necessary to have this hearing about your bail/bond.
What are the Types of Bail/Bonds?
In some cases, you may be able to post the entire cash bond that the Judge has set. This generally remains held in trust until the resolution of the case. If you meet all your conditions of pre-trial release and appear at all Court dates, you typically should be entitled to a refund of any bond paid.
More often, individuals hire a bail bond company to secure their pre-trial release from jail. The company generally is permitted to charge a 10 percent fee for guaranteeing the bond to the Court and ensuring that the person appears at all Court dates as scheduled. This could mean a person may need to pay 10 percent of their bonds to the bail company and the company would issue the amount for release to the court.
In this situation, if the person does not appear as required, the bail bond company could attempt to take them into custody and produce before the court. Individuals also may be required to pay 100 percent of the loss of bond due to their failure to appear.
Discuss Your Situation with a Ft. Lauderdale Bail/Bond Defense Attorney
The amounts of bond can differ widely from case to case. This could result in you being unable to post bail pending your criminal charges or not have a bond set at all.
In this situation, you may find that a Ft. Lauderdale bail/bond defense lawyer could help. Our Attorneys could advocate for your right to a reasonable bond. Call today to learn more.