Posting a Bail Bond in Pasco County, FL
After some is arrested, the family often retains an attorney to help them through the earliest stages of the case including appearing at the first appearance and during the time that a bail bond is posted to secure the person’s release from jail.
An attorney can help make sure that that the pretrial release conditions are favorable. We can help to make sure a SCRAM or CAM monitor is not required and eliminate any “no contact” provision with any alleged victim so that the defendant can return home after being released from custody.
Pretrial release, or bail, allows an arrested defendant to be released from jail while he or she awaits disposition of the criminal charges. The Florida Constitution generally provides a right to pretrial release to persons charged with a non-capital offense not punishable by life imprisonment, subject to exceptions.
As a general rule, pretrial release is granted by releasing a defendant on his or her own recognizance, by requiring the defendant to post bail, or by requiring participation in a pretrial release program.
Attorney on Posting a Bail Bond in Pasco County, FL
After an arrest, contact an experienced attorney at Sammis Law Firm about posting a bail bond. Our criminal defense attorneys for Pasco County, FL, can visit a person immediately after their arrest and represent them at the first appearance hearing.
We can argue for a lower bond or more favorable pre-trial release conditions. Our main office is located in downtown Tampa, FL. We also have a second office located in New Port Richey in Pasco County, FL,
What is Bail or Pretrial Release?
So what is bail? Bail requires a defendant to pay a set amount of money to secure release. Under Section 903.011(1), F.S., the term “bail” and “bond” are defined to include “any and all forms of pretrial release.”
If a defendant released on bail fails to appear before the court at the appointed place and time, the bail amount is forfeited.
Pretrial release or bail is an alternative to incarceration that allows an arrested defendant to be released from jail while he or she awaits disposition of the criminal charges.
Art. I, s. 14, of the Florida Constitution provides a right to pretrial release on reasonable conditions to persons charged with a noncapital offense not punishable by life imprisonment.
Section 903.046, Florida Statutes provides that the defendant may be detained if no conditions of release can reasonably protect the community from harm, assure that the defendant will attend trial, or otherwise ensure judicial integrity.
Pretrial release is granted by releasing a defendant on his own recognizance, requiring the defendant to post bail, or requiring the defendant to participate in a pretrial release program.
The purpose of a bail determination in a criminal proceeding is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.
How is the Bail Amount Determined?
After an arrest in Pasco County, FL, bail requires an accused defendant to pay the Pasco Sheriff’s Office a set amount of money to secure release. If a released defendant fails to appear before the court at the appointed place and time, the bail amount is forfeited.
When determining whether to release a defendant on bail, and what the bail amount should be, a court must consider, in addition to any other factors it deems relevant:
- Favorable information concerning the defendant’s ties to the community including:
- Past and present conduct;
- Mental condition;
- Financial resources;
- Employment history;
- Length of residence in the community; and
- Family ties.
- The weight of the evidence against the defendant.
- The nature and circumstances of the offense charged.
- Whether there is probable cause to believe the defendant committed a new crime while on pretrial release.
- Potential intimidation and danger to victims.
- The street value of any drug or controlled substance connected to the criminal charge.
- Whether the defendant is already on release pending a criminal proceeding.
- The source of funds used to post bail.
- The danger that the defendant would pose to the community if released.
Under Section 903.046(2)(l), F.S., if the alleged crime is gang-related, the defendant must be held without bail until his or her first appearance to ensure the full participation of the prosecutor and the protection of the public.
Likewise, under Section 903.046(2)(m), F.S., a sexual offender or sexual predator is not eligible for release on bail or surety bond until first appearance, unless the charge is a misdemeanor offense under ch. 316, F.S. (relating to traffic offenses).
This article was last updated on Friday, June 19, 2020.