BOND HEARINGS

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Successfully defending a criminal case takes more than just calling the State Attorney and ending your case with a plea bargain. Having practiced law for more than 35 years, I believe in practicing uncompromising defense strategies while focusing my personal attention to every aspect of your case. The Law Office of Lee Meadows will make sure ALL possible defenses are explored in your case. This will allow me to work for the best possible outcome for each client and help protect your future.

                 The Law Office of Lee Meadows has over 36 years assisting people needing guidance regarding Bond Hearings.     

              If you or someone you know has been arrested, here is information to assist you in understanding the bond process in Florida,

What is Bond?

In Florida, the legal term Pretrial Release is synonymous with the words bail and bond. Technically, bail or bond is just the monetary amount that must be posted before a person can be released from jail pending trial. However, even if you post the monetary amount (bond) you may also have to agree to other conditions before the jail will actually release you. Collectively, these conditions (including the bond amount) are known as Pretrial Release.

The Basic Principles of Bond

You have a right to bail unless you are charged with a capital crime (i.e. carries a penalty life imprisonment or death) or you are facing a violation of probation.

In Florida, non-monetary conditions of release are supposed to be imposed if possible, but judges almost always require that a monetary bond be posted. In setting the bail amount, the judge must be convinced that you will appear in court when required and generally makes this determination by weighing your ties to the community versus the likelihood you would flee if released.

If the court finds your charge is not a serious crime, or that you will appear in court when required, or that you have a responsible person in the community who will guarantee your appearance in court, the judge has the option of releasing you without bail. This is called release on your own recognizance (ROR).

If the Judge imposes bail in an amount you cannot afford, I can file a motion to reduce your bail. However, you do not have a right to multiple bond hearings unless there are significant changes in circumstances, so it is important that we provide a strong showing of your ties to the community and your willingness to appear at all scheduled court dates during the first bond hearing.

How a Bond Hearing is Scheduled

At a bond hearing a judge will determine whether the:

  • Bond should be lowered, or
  • Conditions of release should be modified.

Scheduling a bond hearing is no simple task. First, a Motion to Set Bond must be prepared and filed with the Clerk of the Court. Then the bond motion must be scheduled in front of the correct judge. And determining the correct judge can be difficult depending on whether charges have formally been filed, whether the case is a misdemeanor, felony, or violation of probation charge.

Finally, once the correct judge has been identified, it is necessary to coordinate hearing time with the clerk of the court, the judge, the judge’s assistant, and the prosecutor.

How a Reasonable Bond is Determined

Once a bond hearing is scheduled, the judge will consider how long you have lived in the area, whether you have family in the area, whether you are working, whether you have been allowed out on bail before and appeared in court when required, and whether you have a criminal record.

Additionally, the court can consider any of the following information in determining reasonable conditions of release:

  • The nature of the crimes,
  • The amount of evidence,
  • Community ties, including:
    • Local Family Members,
    • Length of Residence,
    • Employment History,
    • Financial Resources, and
    • Mental Condition
  • Past and Present Criminal History, including:
    • Any Criminal Convictions,
    • Past Failures to Appear, and
    • Previous Flight from Prosecution.
  • The source of funds to post bail
  • Whether a danger to the community or victim exists

 

For more information please visit the link below:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0903/Sections/0903.046.html

 

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Fax: (850) 681 0139
24/7: 1 800 681 0139
Email: info@meadowslaw.com

403 North Calhoun Street
Tallahassee, Florida 32301

Meadows Law

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