The Differences Between Bail & Bond In Florida

Whether or not you’ve ever been arrested in Florida, you’ve still likely heard the terms “bail” and “bond” in relation to pre-trial release.

Although closely related and often used interchangeably, they serve different purposes in the criminal justice system and, ultimately, determine your financial burden for release. Keep reading to learn more about the key differences between the two terms and what’s required to qualify for each.

Empty Jail Holding Cell

What Is The Difference Between “Bail” And “Bond”?

When you secure “bail” or a “bond” after an arrest, the outcome is effectively the same—you are released from jail until your trial date. However, there are a few key differences that can make a big difference to you or the family member attempting to secure your release.

Bail is the money paid to the court to be released from jail while awaiting trial. It is used to guarantee the defendant's appearance in court.

For example, if the judge at your initial hearing sets your bail at $10,000, you will be required to pay the total amount to secure your release. This money guarantees that you will show up to your court date once you’ve been released from jail.

What Is A Bail Bond?

In some cases, a bail bond can be secured instead of paying the bail itself. A bail bond is a promise made by a third-party bondsman to cover the bail amount if the defendant fails to appear in court.

The main difference between bail and surety is that bail is the actual cash payment made by the defendant, while surety is a promise by a third party to take over the bail amount if the defendant fails to appear in court.

In Florida, the cost for a bail bond will typically be 10% of the total bail amount, which means instead of paying the entire $10,000 for pre-trial release, you would only need to come up with $1,000. However, this is contingent on finding a bail bondsman willing to put up your bond.

The Bail Process

At a bail hearing, the court decides whether a defendant can be released from custody. The judge presides over the hearing and considers various factors to determine whether the defendant is a flight risk and a danger to the public.

The severity of the alleged crime, the defendant's criminal history, employment, and family ties all affect the amount of bail.

In some cases, the judge may release the defendant on their recognizance, meaning no bail is required. However, if bail is set, the defendant must post the bail amount to secure their release.

Posting Bail And Release Conditions

To post bail, the defendant has two options:

  • Bail: Pay the total bail amount in cash. The amount will be refunded (minus court fees) if the defendant complies with the conditions of release and appears for all court dates.
  • Bond: Using the services of a bail bond company to post bail on behalf of the defendant. The defendant pays a non-refundable fee (usually 10-20% of the bail amount) to the bail bond company, which assumes the risk if the defendant fails to appear in court.

In addition to posting bail, the judge may set specific conditions of release at arraignment. These conditions may include travel restrictions, regular check-ins with law enforcement, or participation in counseling programs. The defendant must adhere to these conditions, as violating them can lead to further legal consequences and possible bail revocation.

Roles And Responsibilities

Understanding the roles and responsibilities of all parties involved in the bail process will help you navigate this complex criminal justice system more quickly and confidently.

The Role Of A Bail Bondsman

A bail bondsman is a professional who helps a defendant obtain release from police custody by providing a financial guarantee to the court. They usually work with a bail company and act as an intermediary in the bail process.

As part of their work, the bondsman assesses the defendant's criminal record and determines the likelihood of the defendant appearing in court. The bail agent charges a fee for this service, usually a percentage of the total bail amount. If the defendant does not appear in court as agreed, the bail agent may use the services of a bounty hunter and request a refund.

Failure To Appear And Bail Jumping

If you are released from jail on bail, you're required by law to appear at all scheduled court dates. Failure to appear is known as bail jumping. In such cases, the court will usually issue an arrest warrant.

In this situation, the bail bond company is now responsible for paying the full amount of your bail to the court or finding you and ensuring you are returned to jail until your trial can be rescheduled.

Recovery And Enforcement

If you fail to appear in court and a warrant is issued, the bond company may involve bounty hunters, also known as bail agents, to secure your return. These professionals are usually former law enforcement or security professionals responsible for locating and arresting individuals who have jumped bail.

They often work closely with the bail bond company and law enforcement to ensure the defendant is taken back into custody.

The Financial Aspects Of Bail And Bond

As a defendant, your bail amount ensures you show up to your trial once released. Whether you choose to pay the entire bail amount on your own or use a bail bondsman, each choice has pros and cons.

Upfront Costs

The upfront costs for a bond are significantly lower than paying your full bail amount. A bond will typically cost between 10% and 20% of the total bail amount. This is known as a premium and is a non-refundable payment.

In some cases, the bail bond company may also require collateral for the bail, such as real estate or other assets, to ensure the defendant's appearance in court.

The up-front costs for bail will be higher than paying for a surety bond, but as long as you show up to your court date, the entire bail amount will be refunded.

Refund Policies And Forfeiture

The refund conditions for deposit payments vary considerably. If you pay bail in cash directly to the court, you are entitled to a refund if you fulfill all conditions imposed by the court and appear at all scheduled court dates. However, the court may deduct certain case costs before refunding you the balance.

As mentioned above, if you use the services of a bail agent, the premium you pay to the agent is non-refundable, even if you fulfill all the conditions imposed by the court. This amount serves as compensation for assuming the financial risk on your behalf.

If you’ve provided collateral, such as real estate, in addition to the bond premium, the bail agent has the right to seize the collateral.

Speak To A Criminal Lawyer About Pre-Trial Release In Florida

If you or a loved one has been charged with a crime in Florida and would like legal representation to assist with pre-trial release, the experienced criminal defense lawyers at Weinstein Legal Team can help.

Our attorneys will advocate on your behalf and ensure you receive the best possible pre-trial release conditions in your case. Click here to schedule a free consultation with an experienced criminal lawyer at Weinstein Legal Team, or give us a call at 888.626.1108 to speak with an attorney right away.

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