Bond Reduction Motions in Hillsborough County, FL
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.
When the criminal defense counsel in Tampa 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 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
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.
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.
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:
- The bail bond agent posted the following bond(s) for the above-named defendant: _____________
- On ____________________ ____, 2026, the defendant failed to appear, and said bond(s) were forfeited on ____________________ ____, 2026.
- A copy of the Notice(s) of Forfeiture is/are attached as Exhibit “____.”
- On ____________________ ____, 2026, a capias was issued for the defendant, but was recalled by the court on ____________________ ____, 2026.
- The bond(s) is/are still forfeited and has/have not been sent to final judgment.
- Proper evidence of the recalled capias is attached as Exhibit “____.”
- The bail bond agent on the original bond approves of the set aside of the forfeiture and the reinstatement of the forfeited bond.
- 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.
This article was last updated on Tuesday, June 30, 2026.
