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The most common phone call I received from former clients after a No Information was filed was not a thank-you call. It was an angry call demanding a refund. "The charges were dropped. I want my money back." I understood the frustration. A person is arrested, posts a $5,000 bond through my agency (paying a $500 premium), complies with every condition of release, shows up for every court date, and then the State Attorney decides not to prosecute. The case ends. But the $500 premium is gone. The co-signer paid $500 for a service that, from their perspective, turned out to be unnecessary.
Except it was not unnecessary. The bail bond secured the defendant's release from jail within hours of arrest. Without the bond, the defendant would have remained in custody until the State Attorney made their charging decision, which can take 21 days for a misdemeanor and 33 days for a felony under Florida's speedy trial rules. The bond bought freedom during that waiting period. The premium paid for that service, and the service was delivered.
What a No Information Actually Means
In Florida's criminal justice system, an arrest does not automatically create a criminal case. The arrest is an action by law enforcement. The criminal case is created by the State Attorney's Office when they file a formal charging document. For misdemeanors and most felonies, this document is called an "Information." For capital offenses that go through a grand jury, it is called an "Indictment."
After an arrest, the State Attorney reviews the case file, which includes the arrest affidavit, witness statements, physical evidence, the defendant's criminal history, and any other relevant information. The prosecutor then makes one of three decisions:
- File charges (Information): The case proceeds through the criminal justice system toward trial or plea.
- Decline to prosecute (No Information): The State Attorney determines that the evidence is insufficient, the case lacks prosecutorial merit, or prosecution is not in the interest of justice. No formal charges are filed.
- Defer the decision: The State Attorney may delay the charging decision while awaiting additional investigation, forensic results, or witness cooperation. The case remains in limbo.
A No Information is the prosecutor's official statement that they are not going to pursue the case at this time. It is recorded in the case management system and communicated to the court and the defendant.
How a No Information Affects Your Bail Bond
The Bond is Discharged
When a No Information is filed, the criminal case effectively ceases to exist. There are no pending charges, no future court dates, and no need for a bail bond to guarantee the defendant's appearance. The bond is discharged by the court, meaning the bail bond agency's financial liability to the court ends. The surety company's guarantee is released. The bond is closed.
The Premium is Not Refunded
The 10% bail bond premium is a non-refundable fee for service. This is true regardless of the case outcome. Whether the defendant is convicted, acquitted, has charges dismissed, or receives a No Information, the premium is not returned. This is established by Florida Statute 648.44, which governs bail bond premium rates and terms. The premium was earned at the moment the bond was posted and the defendant was released from custody.
Collateral is Released
If the co-signer pledged collateral (real estate, vehicle title, jewelry, or other assets) to secure the bond, that collateral is released when the bond is discharged. The bail bond agency must return the collateral within a reasonable time after the bond's discharge. If the agency delays returning collateral after a No Information, the co-signer should contact the agency in writing and, if necessary, file a complaint with the Florida Department of Financial Services.
No Information vs. Dismissal: The Critical Difference
Families often use "charges dropped" to describe both a No Information and a dismissal, but they are legally distinct:
- No Information: Charges were never formally filed. The State Attorney reviewed the arrest and decided not to prosecute. There was no case, no arraignment, no formal charges on record with the court.
- Dismissal: Charges were formally filed (an Information was entered), but the State Attorney later moved to dismiss them, or the court dismissed them for legal reasons. A dismissal means there was an active case that was terminated.
The practical difference matters for the arrest record. Both a No Information and a dismissal leave the arrest on the defendant's record. The arrest itself is a documented event that appears in background checks. To remove the arrest from the record, the defendant must pursue an expungement (if eligible) through a separate legal process under Florida Statute 943.0585.
Can the State Attorney Refile After a No Information?
Yes. This is the fact that catches most defendants off guard. A No Information is not an acquittal. Because the defendant was never formally charged, tried, or adjudicated, double jeopardy protections under the Fifth Amendment do not apply. The State Attorney can refile charges at any time before the statute of limitations expires.
Statutes of limitations for common Florida offenses:
- First-degree misdemeanor: 2 years from the date of offense
- Second and third-degree felonies: 3 years
- First-degree felonies: 4 years
- Capital offenses and life felonies: No statute of limitations
The most common reason for refiling after a No Information is new evidence. DNA results that take months to process, a witness who was initially uncooperative but later decides to testify, financial records obtained through subpoena, or digital forensics from seized devices can all provide the evidentiary basis the State Attorney needed to move forward. A defendant who received a No Information in January could face formal charges in October if the lab results come back incriminating.
If charges are refiled, the defendant may need to post a new bail bond. The previous bond was discharged when the No Information was issued. A new arrest or summons on the refiled charges creates a new case with a new bond requirement and a new premium.
The Timeline: How Long Does the Decision Take?
Florida's speedy trial rules establish deadlines for the State Attorney's charging decision:
- Misdemeanors: The State must file charges within 33 days of arrest if the defendant is in custody, or within 90 days if the defendant is on bond.
- Felonies: The State must file charges within 40 days of arrest if the defendant is in custody, or within 175 days if the defendant is on bond.
During this waiting period, the defendant is on bond, making court appearances, complying with conditions of release, and waiting for the State Attorney to decide whether to file. The bail bond remains active throughout. If the decision deadline passes without charges being filed, the defendant or their attorney can file a motion to dismiss, which effectively forces the No Information.
In practice, No Information decisions often come much faster than the deadlines suggest. The State Attorney reviews cases on a rolling basis, and straightforward cases with weak evidence may receive a No Information within days or weeks of the arrest. Complex cases involving forensics, multiple witnesses, or co-defendants may take the full period.
What Families Should Know
- The premium is gone. Do not call the bail bond agent demanding a refund. The premium is a non-refundable fee under Florida law, regardless of case outcome. This applies to every bail bond agency in the state.
- Collateral should be returned promptly. Contact the bail bond agency after receiving the No Information and request the return of any collateral. If the agency delays, put the request in writing and set a deadline. File a complaint with the Florida Department of Financial Services if necessary.
- The arrest record still exists. A No Information does not erase the arrest. It remains visible in background checks until you pursue and obtain an expungement order. Consult with a criminal defense attorney about expungement eligibility.
- Charges can be refiled. A No Information is not a permanent resolution. The State Attorney can refile within the statute of limitations. Do not destroy evidence, celebrate publicly, or make statements about the case that could be used against you if charges are later filed.
- Cash bail is refundable after a No Information. If you posted the full cash bail directly with the court, contact the clerk of court to request the refund. Processing times vary by county but typically take 4 to 8 weeks.
- Keep all paperwork. The bond receipt, the No Information notification, court records, and any communication from the bail agent should be retained until the statute of limitations on the original charges has expired.
Frequently Asked Questions
What does "No Information" mean in a Florida criminal case?
It means the State Attorney's Office has decided not to file formal charges. The arrest occurred, but the prosecutor determined there is insufficient evidence or other reasons not to prosecute. No criminal case is created, and the defendant has no pending charges from that arrest.
Do you get the bail bond premium back if a No Information is filed?
No. The 10% premium is a non-refundable service fee regardless of case outcome. Cash bail posted directly with the court is refundable after a No Information, minus court costs. The bail bond premium paid to an agent is gone permanently.
Can the State Attorney refile charges after issuing a No Information?
Yes. Because the defendant was never formally charged or tried, double jeopardy does not apply. The State Attorney can refile at any time before the statute of limitations expires (2-4 years for most offenses, no limit for capital crimes). New evidence is the most common reason for refiling.
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