I am in jail. Am I entitled to bond?. | Orlando Criminal Defense Attorney

I am in jail. Am I entitled to a bond? Will I get my bond back?

The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal accused at subsequent proceedings and to protect the community against unreasonable danger. Article I, § 14 of the Florida Constitution states as follows:

Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.

Thus, for most criminal offenses the accused is entitled to be released on reasonable conditions. A court has many options in deciding under what conditions an accused should be released pending trial. The following are some of the available options to a court:

Releasing the accused on his or her own personal recognizance;
Having accused post an unsecured appearance bond in an amount specified by the judge;
Placement of restrictions on the travel, association, or place of abode of the accused during the period of release;
Placement of the accused in the custody of a designated person or organization agreeing to supervise the accused;
insisting upon execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; provided, however, that an accused who is required to meet monetary bail or bail with any monetary component may satisfy the bail by providing an appearance bond; or
Imposing any other condition deemed reasonably necessary to assure the appearance of the accused as required, including a condition requiring that the accused return to custody after specified hours.

There are certain offenses for which a court may refuse to allow the accused to be released pending trial. For example, a court does not have to allow the release of someone who has been accused of a capital (death penalty) offense or an offense that is punishable by life imprisonment. However, the court can deny a person accused of such a crime from being released only if the State of Florida can prove at a hearing that the "proof of guilt is evident or the presumption is great." That standard is a very high standard, perhaps even higher than the standard necessary to convict a person of a crime. However, even if a person is accused of a capital offense or one that is punishable by life imprisonment, and the proof of guilt is evident or the presumption is great, the court still has the discretion to allow the person to be released on reasonable conditions.

Courts also have discretion to refuse to allow the release of someone who has been accused of violating their probation. Despite having that discretion, however, courts do frequently allow people who have been accused of violating their probation to be released on reasonable conditions.

Our attorneys are experienced in filing the appropriate motions necessary to ask a court to allow a person's release on reasonable conditions. Once a bond motion has been filed, a hearing regarding the motion may be necessary. Our attorneys are also experienced in handling such bond motion hearings. Sometimes, even when a court has previously denied a person's release pending trial, a subsequent attempt to obtain the person's release may be successful if changed circumstances can be shown.

Will I get my bond back?

One of the questions our attorneys are frequently asked is "When will I get my bond back?" If an accused has posted bail through a bail bondsman, the person will be required by the bondsman to pay a fee, often 10% of the bond amount. Such fees are usually nonrefundable. If an accused has posted his own money for bail, then the accused will usually receive that money back once his or her case has been resolved. However, courts sometimes will apply a person's bail money towards court costs and fines that may be imposed as a result of this sentence imposed upon the person.

If you or one of your family members or friends is incarcerated pending trial without having been granted reasonable conditions of release such as a bond, contact Faulkner Legal Group, P.A. today for a FREE CONSULTATION so that we may further explain the bail process and the rights that an accused is entitled to.