Category: Bail & Bond · Statute: F.S. 903.011 · Source: Florida Legislature
How Bail Works in Florida
When someone is arrested in Florida, bail serves as a financial guarantee that the defendant will return to court for all scheduled proceedings. If the defendant appears at all hearings, the bail is returned (cash bail) or the bond is exonerated (surety bond). If they fail to appear, the bail is forfeited.
Types of Bail
- Cash bail — The defendant or someone on their behalf pays the full bail amount to the court. Refundable when the case concludes.
- Surety bond — A bail bondsman posts the full amount and charges a non-refundable 10% fee.
- Property bond — Real estate is pledged as collateral for the bail amount.
- ROR (Release on Own Recognizance) — No money required; the defendant signs a promise to appear.
Constitutional Right to Bail
Article I, Section 14 of the Florida Constitution guarantees the right to bail for all non-capital offenses. This means a judge cannot deny bail for most charges — they can only set the amount.
Practical Application in Florida Courts
From a practical standpoint, an arrest involving this charge triggers an automatic review by the State Attorney's Office. They have 21 to 33 days to file an 'Information' (formal charges). If they decline to prosecute, a 'No Information' is filed and the bond is immediately discharged.
Case Law & Legal Precedent
The Florida Supreme Court has established strict parameters regarding how law enforcement can gather evidence for this charge. If officers violated the defendant's Fourth Amendment rights during a search and seizure, any evidence obtained may be suppressed under the exclusionary rule.
When applying Bail in a real-world scenario, defense strategies often pivot on procedural technicalities. A thorough review of the arrest affidavit is the first step in determining if the state's application of the law is valid.
How Bail Affects Bail & Pretrial Release
If the defendant is currently out on bail and is subsequently charged with this offense, the presiding judge will likely revoke their previous bond. This is known as a bond surrender, and the defendant will be remanded to custody until the resolution of the new charges.
If you have questions about how Bail specifically applies to a pending case, or if you need to secure a release from a county jail in Florida, contact a licensed bail bond professional immediately.