Bail/Bond Hearing in Criminal Cases
Everybody is entitled to a reasonable bond when arrested and accused of a crime. In Florida the law requires that the less intrusive means necessary to ensure the attendance at court by the accused coupled with the protection of the rest of society should determine what that bail bond should be.
Monetary bail bonds are customary but not required. Often the courts use a supervisory program called "pretrial release" instead of a monetary bond. But other times the bail is set as a monetary obligation.
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When the Bail Amount is Too High
The court sets a bail amount according to a published bond schedule unless unique circumstances apply to your case. The bond schedule is set up to categorize bond amounts to the crime charged. This ensures fairness in the criminal justice system. However, often times the standard bail amount is still too high for the accused to pay. Therefore it is necessary to have a bail bond hearing before the court.
The purpose of a bail bond hearing is to have the court reduce the amount of the bail bond to an amount that the defendant can afford while still ensuring the integrity of the criminal justice system and protection to the public.
When a Defendant Fails to Appear
After being given notice of a court date you forget to go to the court the judge will find that you failed to appear and issue a capias (think "warrant"). If you voluntarily turn yourself in you will still be eligible for a minimal bond. If you are arrested after you have failed to appear you will be required to have a monetary bond at a minimum of $2,000.00.
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