Bond Reduction Motions in Hillsborough County and all of Florida

When a person is arrested in Hillsborough County, Florida, their initial bail amount is typically determined by a standard bond schedule or set during a first appearance advisory hearing. In many cases, however, that initial bond is set far beyond what the defendant or their family can afford to post, resulting in unconstitutional pretrial detention.

Under Florida law, an accused has the constitutional and statutory right to an individualized determination of bail based on the specific facts of their background and situation. An attorney familiar with these issues can often get the bond set significantly lower.

Pursuant to Administrative Order No. S-2013-008, signed by the Chief Judge on February 1, 2013, from the Thirteenth Judicial Circuit, the court has established certain procedures in the criminal justice divisions for bond reduction motions or motions to reinstate the originally post bond. The most recent administrative order supersedes Administrative Order S-2012-052.

Although that order for bond hearings is particular to Hillsborough County, FL, the rules are similar in all counties in Florida.

When the criminal defense counsel in Tampa or other parts of Florida seeks either the reduction of bond or release on recognizance (ROR), then defense counsel will contact the assistant state attorney (the prosecutor) assigned to the case or the prosecutor’s immediate supervisor.

If the criminal defense attorney and prosecutor are able to stipulate to the conditions of a defendant’s release, such stipulation will be reduced to writing and delivered to the office of the presiding judge of the division where such motions are heard. In Hillsborough County, FL, for example, such motions are funneled to Division “O” for consideration and approval.

If the presiding judge of Division “O” in the Tampa Courthouse is not available, the stipulation will be presented to the administrative judge of the Criminal Justice Division or the administrative judge’s designee for consideration and approval.

When the criminal defense attorney and assistant state attorney are unable to come to an agreement and stipulate to the conditions of a defendant’s release, then the criminal defense counsel may schedule a hearing with the presiding judge of Division “O” and file an application for modification of bail with notice of hearing in accordance with Florida Rule of Criminal Procedure 3.131(d)(2).

Finding an Attorney for Bond Reduction Motions in Tampa

When monetary bail operates as a de facto detention order because of an inability to pay, an experienced criminal defense attorney can file a formal Motion for Bond Reduction or an Application for Modification of Bail to seek a substantially lower monetary amount, release on recognizance (ROR), or reasonable nonmonetary release conditions.

Contact a criminal defense attorney at the Sammis Law Firm to discuss your case and a motion to reduce bail or bond, including a motion for ROR. The state attorney’s office takes the first 21 days after the arrest to make a filing decision.

We represent clients throughout the greater Tampa Bay area including Hillsborough County, Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, and Polk County, FL.

The attorneys at Sammis Law Firm have offices conveniently located in Tampa for Hillsborough County, Clearwater for Pinellas County, New Port Richey in Pasco County, and Winter Haven in Orlando County, FL.

Hiring an attorney during this critical time in the case can often lead to a better result in the case, especially for serious felony charges. Contact us to speak with an experienced attorney today.

Call (813) 250-0500.

Statutory Factors for Modifying Bail in Florida

Setting conditions of release and determining bail amounts is a matter of judicial discretion, but that discretion is strictly governed by Florida law. Under Section 903.046(2), Florida Statutes, and Florida Rule of Criminal Procedure 3.131(c)(3), the court must consider the following factors when determining pretrial release and bond amounts:

• Nature and Circumstances of the Offense: The nature of the charge, including whether it involved violence or physical harm.
• Weight of the Evidence: The strength and weight of the evidence presented against the defendant.
• Community Ties: The defendant’s length of residence in the community, family ties, and living situation.
• Employment and Financial Resources: The defendant’s employment history, income, financial obligations, and verifiable inability to afford the existing monetary bail.
• Prior Criminal Record and Appearance History: Past record of convictions, history of responding to court process, or any previous failures to appear (FTA) or flight to avoid prosecution.
• Danger to the Community: The probability of danger that the defendant’s release poses to the community.
• Source of Bail Funds: Whether the funds used to procure the bond come from lawful, noncriminal sources (preventing Nebbia holds).
• Release Status: Whether the defendant is currently on probation, parole, community control, or pretrial release for another pending offense.

Bond Reduction Motions in Violation of Probation Cases in Hillsborough County, FL

The administrative order in Tampa, Hillsborough County, FL, provides that if the case involves a violation of probation (“VOP”), then the application for a reduction of bail or a modification of bail will be submitted to the judge assigned to the division in which the alleged violation is pending or scheduled.

Applications for reduction of bail or modification of bail in these violation of probation (VOP) cases will not be heard at first appearance or in Division “O” without the specific concurrence of the judge assigned the violation, or in that judge’s absence, the administrative judge of the Criminal Justice Division, an associate administrative judge or the chief judge.

If the criminal defense attorney in Tampa schedules a hearing for the reduction of bond or release on recognizance, counsel will notify the defendant’s probation officer of the scheduled hearing so that probation information can be made available for the hearing.

Motion to Set Aside Bond Forfeiture and Reinstate Bond

If you bond was revoke because of a failure to appear in court, but that failure to appear was not willful, then your bail bond agent or your attorney with permission of your bail bond agent can file a motion to set aside bond forfeitures and reinstate bond.

The motion requests the court court to set aside the bond forfeiture(s) and reinstate the bond(s), and as grounds therefore alleges:

1. The bail bond agent posted the following bond(s) for the above-named defendant: _____________
2. On ____________________ ____, 2026, the defendant failed to appear, and said bond(s) were forfeited on ____________________ ____, 2026.
3. A copy of the Notice(s) of Forfeiture is/are attached as Exhibit “____.”
4. On ____________________ ____, 2026, a capias was issued for the defendant, but was recalled by the court on ____________________ ____, 2026.
5. The bond(s) is/are still forfeited and has/have not been sent to final judgment.
6. Proper evidence of the recalled capias is attached as Exhibit “____.”
7. The bail bond agent on the original bond approves of the set aside of the forfeiture and the reinstatement of the forfeited bond.
8. This motion is filed within sixty (60) days after the notice of forfeiture was mailed or electronically transmitted.

Statutory Provisions and Authority for Bond Determinations under Florida Law

Pursuant to Rule 3.131(f), Fla. R. Crim. P., the court has discretion, for good cause, to order “revocation of bail,” for a defendant who “appears for trial” but the revocation is only authorized where the Court properly elects to “commit the defendant to the custody of the proper official to abide by the judgment, sentence, and any further order of the court.”

Rule 3.131(b)(1), Florida Rules of Criminal Procedure establishes a presumption in favor of release on non-monetary conditions for any person who is granted pretrial release.

The purpose of the bail is not to punish an accused nor to detain an accused in custody prior to disposition of the case. The purpose of bail, commensurate with the presumption of innocence, is to insure an accused’s appearance in court. Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990); State ex re Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966); Stack v. Boyle, 342 U.S. 1 (1951); Pugh v. Rainwater, 572 F.2d 1053 (5th Cir. 1978).

Every person charged with a crime has an absolute right a reasonable bail until a court adjudges that person guilty, unless the state has charged that person with a capital offense punishable by life imprisonment and the State demonstrates that the proof is evident or the presumption is great. Article I, Section 14, Florida Constitution; State v. Arthur, 390 So. 2d 716 (Fla. 1980).

An accused has the right to an individualized review of his bail on the facts and circumstances of his situation and alleged offenses. Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990); Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989).

If you need an attorney to file a motion for a bond reduction or release on recognizance then contact an experienced criminal defense attorney at the Sammis Law Firm. Our offices are located in Tampa, FL.

Our attorneys are experienced in handling these types of case. In many cases, seeking a bond reduction actually saves the client money. Call us to discuss your case today with Jason Sammis or Leslie Sammis at (813) 250-0500.

Courts Cannot Deny Bond Reduction Based Solely on the Nature of the Charges

Trial courts frequently commit reversible error by denying a bond reduction motion solely because the alleged offense is serious or because the defendant faces mandatory or guideline prison time. The Florida Second District Court of Appeal firmly addressed and repudiated this practice in Miller v. State, 51 Fla. L. Weekly D1937a (Fla. 2d DCA Sept. 18, 2026).

In Miller, the petitioner was charged with six counts of promoting content depicting child sexual conduct and two counts of animal sexual abuse material based on allegations that he transmitted videos over a mobile messaging application. The court set bond at $10,000 per count ($80,000 total) alongside supervised release conditions. At the subsequent bail modification hearing, the defendant testified that:

• He had lived in the community his entire life (29 years) and graduated high school locally;
• He resided with his mother and older brother, contributing $1,600 monthly toward the household mortgage and utilities;
• He worked 58 hours per week at an hourly wage, had zero personal savings, and could afford no more than a $2,800 total bond with financial assistance from his employer; and
• He possessed reliable transportation to court, held no passport, and had no prior criminal record.

Despite this evidence, the trial judge denied the reduction, ruling that the bonds were “more than reasonable, given the nature of the charges involved” and noting that the defendant would likely “score to prison.”

The Second District Court of Appeal granted Miller’s petition for writ of habeas corpus and vacated the ruling. The appellate court held that the trial court erred by focusing exclusively on the allegations and expected prison sanctions while ignoring the defendant’s undisputed financial inability to pay, lack of criminal history, community ties, and appearance record under Section 903.046(2).

Instead, a court evaluating a motion to modify bail cannot ignore evidence demonstrating that monetary bail is unobtainable. The trial judge must weigh all statutory factors and make specific findings on flight risk, danger to the community, and financial resources.

Unless an offense is specifically enumerated as a “dangerous crime” under Section 907.041(5)(a), Florida Statutes, there is a strong statutory presumption in favor of release on nonmonetary conditions.

“The trial court erred by basing its decision entirely on the nature of the alleged offenses and not considering any other factors…. In setting bail and conditions of release, the court must consider the factors listed in section 903.046(2), Florida Statutes… which are mirrored in Florida Rule of Criminal Procedure 3.131(c)(3).”

See Miller v. State, 51 Fla. L. Weekly D1937a, D1937b (Fla. 2d DCA Sept. 18, 2026).

When the State or the court relies merely on the severe nature of the allegations to keep bail out of reach, Miller provides controlling Second DCA authority to challenge the ruling by filing an emergency petition for writ of habeas corpus.

Bond Reductions in Violation of Probation (VOP) Cases

Special restrictions apply when a defendant is arrested for an alleged Violation of Probation (VOP) or Violation of Community Control. In Hillsborough County:

• Applications for bail reduction or modification will not be heard in Division “O” or at first appearance without the specific concurrence of the judge assigned to the division where the violation is pending.
• All VOP bond reduction motions must be submitted directly to the division judge presiding over the underlying probation case, or, in their absence, the administrative judge of the Criminal Justice Division.
• When defense counsel schedules a VOP bond reduction hearing, counsel must provide timely notice to the defendant’s probation officer so a formal supervision and compliance report is available to the court at the hearing.

Motions to Set Aside Bond Forfeiture and Reinstate Bail

If a bond was forfeited because the defendant missed a scheduled court date, Florida law provides a remedy if the failure to appear was not willful. With the agreement of the surety or bail bond agent, defense counsel can file a Motion to Set Aside Bond Forfeiture and Reinstate Bond.

Under Florida Rule of Criminal Procedure 3.131, the court retains discretion to revoke bail for good cause when a defendant appears for trial, but arbitrary revocations or forfeitures caused by medical emergencies, clerical errors, or lack of notice can be vacated so the original bond remains valid without incurring new premium expenses.

Finding an Attorney for Bond Reduction Motions in Tampa, FL

Every accused individual has the constitutional right to an individualized review of bail based on the actual facts and circumstances of their case. See Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990); Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989).

If your loved one is being detained on an excessive bond in the Hillsborough County Jail (Orient Road or Falkenburg Road), hiring private counsel early can save thousands of dollars in commercial bail bondsman fees or secure release through nonmonetary conditions. Contact Sammis Law Firm at our central Tampa office at (813) 250-0500 to discuss scheduling an emergency bond reduction hearing.

This article was last updated on Friday, September 18, 2026.