How Bail is Set in Ft. Lauderdale

The vast majority of individuals who are arrested have a bond set for them. This refers to the amount of money you must pay in order to be released from jail pending your criminal charges.

Many different factors may have an impact on the amount of bail or bond set in a particular case. Therefore, it is important to understand how bail is set in Ft. Lauderdale. Our well-versed bail/bond defense attorneys at Leifert & Leifert could make sure your rights are being asserted and protected.

Fort Lauderdale Bail Procedures Explained

The terms “bail” and “bond” are often used interchangeably, but they are not exactly the same thing. Bail is the amount of money the court will accept as security for your later appearance in court to face charges. Bond is the manner in which the bail will be paid. It could be cash only, or a bond paid by a bondsman for a fee. Sometimes people offer property they own as bond collateral. 

When you are arrested, friends and family members can track your location and find information about your bail amount on the website for the county jail. In Fort Lauderdale, you will be held in the Broward County Main Jail. You should be listed on the website within 24 hours of your arrest.

When the bond type is listed as “BD” it means that bond is available—BD stands for “Bond, ” but sometimes people erroneously believe it means “Bond Denied.” If you are being held without the opportunity to post bond, the designation will be “NB” which stands for “No Bond.” The Fort Lauderdale criminal defense attorneys at Leifert & Leifert can assist on all matters relating to bond after an arrest.

Setting Bail

At the time of your arrest, you will generally have bail amounts set by law enforcement based on their initial arrest charges. Within 24 hours, you must have an initial or first Court appearance, at which time a Judge will review the bail amount and determine whether to change the amount of bond or leave it the same. 

In an appropriate case, the Judge may release you on your own recognizance, or ROR. This means that the Judge will not require you to post a bond, but will accept your promise to make Court appearances as scheduled. Our Fort Lauderdale attorneys will argue for ROR rather than bond in an appropriate case, stressing your ties to the community to show the Judge that you are not a flight risk.

Each Court follows a bond schedule that equates certain criminal charges with certain bail amounts. However, Judges may deviate from the schedule as they see fit, which sometimes can result in a much higher or a much lower bail than the schedule prescribes.

Conditions of Release

Your bond is not just the amount of money or value of property you must pay to get released from jail. Bond includes conditions of release that you must follow. If you do not comply with the conditions of release, your bond could be revoked, a warrant issued for your arrest, and you will be returned to jail to await trial.

A Judge may prohibit you from leaving the jurisdiction as a condition of release and could require you to surrender your passport. The Court could issue an Injunction prohibiting you from contacting the alleged victim of the crime. Other common conditions of release include:

• Wearing an electronic GPS device to monitor your location
• Surrendering your firearms
• Refraining from drinking alcohol
• Submitting to drug testing

Judges have broad discretion to set conditions of release that they deem appropriate in a specific case.

The conditions of release often have more of an impact on your life than the amount of the bail. If you violate the conditions, you will not only be returned to jail, but could face additional charges. Leifert & Leifert’s Fort Lauderdale attorneys will ensure that you clearly understand and are able to comply with the conditions of release. If they are overly harsh or unworkable, we can present objections and motions to modifyto the Judge.

What Are Your Options If You Object to the Bond?

Judges have substantial discretion in setting the amount of bail and conditions of release. Many Judges rely heavily on the Prosecutor’s recommendations, but that does not mean they will disregard legitimate arguments in your favor.

When you cannot afford the bail amount that a Judge has set in your case, you can request a bond reduction hearing. At that hearing, the Judge will consider various factors that can impact your requests for lower bonds, as provided for in Fla. Stat. § 903.046 (2018).

While Judges can consider any relevant factors in deciding whether to lower a bail amount, they must take certain factors into account if they apply in the case before them. Some of these factors are:

• The kind of criminal offense involved, as well as whether you already have other pending criminal charges or were on probation for another criminal offense
• Your family, residence, and employment ties to the community, to determine the risk of your flight from the jurisdiction
• The strength of the evidence against you
• Whether your release on bail would be dangerous to the community or threatening or intimidating to any alleged victims

These are just a few of the statutory factors that judges must consider as they determine whether to decrease the amount of bond that already has been set in a particular case.

You can also object to your conditions of release at a bond hearing. For example, if you must travel for work or to see your children who live with a co-parent, a Judge may be willing to modify your conditions of release to accommodate these obligations. For more information about how local bail is determined, work with one of our  knowledgeable lawyers in Ft. Lauderdale.

Exceptions to the Standard Procedure

There are a few exceptions under Florida law in which you may not immediately post bail following your arrest. These include those who are on the sex offender registry. Another case is when someone is allegedly involved with a gang or engaging in gang-related criminal offenses, which potentially could result in penalty enhancements upon sentencing.

In each of these situations, you may not post any type of bond until you appear in Court with the State Attorney’s office. This is to give the State the chance to object to bail for individuals who may pose a threat to the safety of the community.

Likewise, in some cases, a Judge may decline to set any bail amount. First, if you are charged with a felony that carries a potential sentence of life in Prison, and they believe there is substantial proof to support your guilt, the Judge may rule that bond should not be set.

Get a Better Understanding of How Bail is Set in Ft. Lauderdale

When you are arrested for any type of charge, your first inclination is often to secure your release from jail and get back to your family, your home, and your job. Understanding how bail is set in Ft. Lauderdale is important to working towards these goals.

Having a conversation with a Ft. Lauderdale bail attorney may answer your questions and address some of your concerns about the bail process. For answers to your questions, call Leifert & Leifert for a free case review.