Jacksonville Bail Bond Attorneys

Serving Jacksonville, Jacksonville Beach, and clients throughout Florida

The 7th Amendment to the U.S. Constitution and Article I, Section 14 of the Florida Constitution ensure a defendant’s right to bail or pretrial release – with exceptions.

In Florida, 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 a municipal or county ordinance is entitled to pretrial release on reasonable conditions.

In Duval, Clay and Nassau Counties within twenty-four hours of a person’s arrest, they attend “first appearance” where they see a judge who determines whether there is probable cause to detain them and the amount of their bail. If there is no finding of probable cause, the judge must order that the defendant be released on his/her own recognizance. If the judge finds probable cause, the judge must then set a reasonable bail bond unless the defendant does not qualify for a bail bond. Once the judge determines the bail bond, the defendant must pay the bail bond in order to be released from jail.

Bail bond is money that must be deposited with the Court to ensure that an arrested person will appear in court if released from jail. The money that the person has deposited with the Court acts as “insurance” that they will not flee the jurisdiction if released from jail.

Bail allows an arrested person to retain his or her freedom until trial, ensures that he or she shows up at all court proceedings, and protects the community against the probability of unreasonable danger posed by the defendant. Ideally, the amount of bail should be no more than what is reasonably necessary to prevent someone from fleeing before their case is handled.

At times, the Court orders the person released to participate in pre-trial services. This program requires certain conditions such as an electronic ankle bracelet or urine screenings to assure the Court that the released person is not using drugs while released.

If a person attends court as scheduled, at the end of their case their bail is refunded to them. If a person flees their bail is forfeited. At times a person cannot afford to post the entire bail bond and we can help them find a Bondsman who will post the bail bond for a fee. For some offenses, after you’ve been arrested the jail can set a “standard” bail amount, which allows you to bond out without attending the first appearance.

The amount of your bail is primarily determined by the nature of the crime charged and your criminal history. However, if you cannot afford the bond set, your criminal defense lawyer may request bond reduction and present to the judge certain factors (your lack of prior criminal record, your standing in the community, your family ties, and your employment) as reasons to support reducing your bond.

If you do not post bail or cannot post bail you will have to remain in jail.

The Court bases the amount of bail upon the criteria set forth in Rule 3.131, Florida Rules of Criminal Procedure which are as follows:

In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the Court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant’s release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or another release pending completion of sentence; and any other facts the Court considers relevant.