Bail Bonds in Florida: Everything You Need to Know About

If you are ever arrested for a crime, you will be thrust into the Florida bail bonds system. You will be faced with situations and choices that can have a tremendous impact on your future and family. Understanding the system will prepare you to make the best decisions possible. To help you best understand bail bonds in Florida, imagine that you have, in fact, been arrested for a crime.

What is ‘Bail’ and How Does it Work?

Within 48 hours of being arrested and processed in Florida, you will appear before a judge in what is appropriately named the “first appearance.” At that time, the judge will advise you of the charges against you and conduct a probable cause determination. The judge may also offer you an opportunity to be released from jail pending further action by the court.

In return for your freedom, the judge will set an amount of money you must provide to the court to ensure that you will return to court for all appearances you are required to make. This money is called “bail.” As long as you attend all required court dates, the bail money will be refunded to you. However, the court can withhold any unpaid court costs or fees.

Bail is available for most offenses but may not be granted for particularly serious crimes. If the judge believes you are a flight risk or that releasing you from jail could jeopardize public safety, bail will likely be denied.

The justice system in Florida has many reasons for offering bail. Clearly, the state incurs costs for housing, feeding, and otherwise caring for defendants in jail. But also, according to the New York City Criminal Justice Agency, Inc., August 2012, “Defendants who are detained pretrial are more likely to be convicted, if convicted, they are more likely to be sentenced to incarceration, and if incarcerated, their sentences are likely to be longer.” That finding is not surprising. If you are in jail, you will not be able to work easily with an attorney to build a solid defense. Moreover, if you are behind bars, you will be much more likely to accept a plea offer.

Bail Vs. Bail Bonds: What’s the Difference?

Bail is the amount set by the court for the defendant’s (your) release. The bail bond is the amount of money held by the court to ensure you appear when required. Since (for the purposes of this discussion) the bail amount is outside of your means, you are facing the possibility of remaining in jail as your case progresses.

However, you do have an option: a bail bond in the full amount of the bail posted by a third party, a bail bondsman, on your behalf. You will likely have to pay a fee, 10% of the bail amount, to the bail bondsman for this service. This fee is not refundable.

Types of Bail Bonds

In Florida, there are several types of bail bonds used for the release of the defendant, the most frequent being surety bonds and cash bonds:

• Surety Bonds —Also known as a bail bond, a surety bond results from a contract involving you, the court, and a third-party agent, known as the surety. The surety agrees to pay the full amount of your bail if you do not appear in court as required.
• Cash Bonds — Bail can always be paid in cash, but for certain crimes or defendants with a problematic criminal history, the court may require that bail be paid in cash (as opposed to a surety bond). The cash payment is made to the clerk of courts and held until the case or cases are resolved. The cash bond may be returned at that time, though the court may withhold administrative fees, and the return may take some time.
• Property Bonds — If the defendant has property with a value at least as much as the bail amount, the court may allow the property to be used as collateral to secure the defendant’s release from jail. If the defendant fails to appear in court as required, the court can seize the property and use it to pay the bail amount.
• Immigration Bail Bonds — Immigration bail bonds, a type of surety bond, can be used for the release of an immigrant being held by immigration authorities.
• Federal Bail Bonds — Federal bail bonds are used when the defendant is charged with a federal crime, such as kidnapping or drug trafficking. Usually more expensive than state or local bonds, federal bonds often involve a more complex process because of federal courts and agencies.

Collateral Requirements

The bail bondsman may require that the defendant provide collateral to help ensure the defendant’s compliance with required court appearances and court orders. In general, collateral tends to be demanded with higher bail amounts. Whatever the defendant uses for collateral must be owned by the defendant and free of liens or encumbrances. Items typically used for collateral include:

• Real estate
• Motor vehicles
• Jewelry
• Stocks and other financial assets

Is Bail Always Required in Florida?

In some cases, the court releases a defendant without bail. Such releases are generally limited to defendants the court deems as low risk of not appearing or who have been arrested for minor offenses. The court will take into account such considerations as the details of the offense, the evidence in the case, the defendant’s criminal history, and the defendant’s community ties. The court may also impose restrictions on the defendant, such as travel limits and a curfew.

• Recognizance Release (ROR) — The defendant signs a document promising to appear when required, to comply with any other conditions the court may set, and not to engage in any illegal activity.
• Supervised Recognizance Release (SOR) — The defendant must appear in person or call the court once a week, appear when required, comply with any other conditions the court may set, and not engage in any illegal activity.
• Citation Release — Also known as a “cite-out,” this pre-trial release allows a defendant in a minor offense to be given a citation or written order to appear instead of going to jail. The defendant must sign a document promising to appear in court at a specified date and time.

How is Bail Determined in Florida?

When setting bail, the court’s goal is to ensure your return to court. The first ten factors the judge will consider, according to the 2024 Florida Statutes (including 2025 Special Session C), 903.046, are (in brief) as follows:

1. The nature and circumstances of the offense charged.
2. The weight of the evidence against you.
3. Your family ties, length of residence in the community, immigration status, employment history, financial resources, and mental condition.
4. Your past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings.
5. The nature and probability of danger that your release poses to the community.
6. The source of funds used to post bail or procure an appearance bond, particularly whether the proffered funds, real property, property, or any proposed collateral or bond premium may be linked to or derived from the crime alleged to have been committed or from any other criminal or illicit activities.
7. Whether you are already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence.
8. The street value of any drug or controlled substance connected to or involved in the criminal charge.
9. The nature and probability of intimidation and danger to victims.
10. Whether there is probable cause to believe that you committed a new crime while on pretrial release.

You may struggle to make a strong argument on your own to have bail set at a fair and reasonable amount. Since you, like many criminal defendants, will not likely have the financial means to afford bail, you will need experienced legal counsel by your side. An experienced criminal defense attorney can properly articulate your position and present you and your case in the best possible light.

At the Law Office of Nayib Hassan, P.A., we fight effectively and persuasively for defendants and their right to receive reasonable bail amounts. Contact a Florida criminal defense attorney today for a free and confidential consultation about your case.

Florida’s Uniform Bail Bond Schedule:

• First degree felony — $20,000
• Second degree felony — $7,500
• Third degree felony — $1,500
• First degree misdemeanor — $500
• Second degree misdemeanor or ordinance violation — $120

Non-Bondable Offenses include:

• Any capital felony
• Any life felony
• Any first-degree felony punishable by life
• Armed Kidnapping
• Armed Robbery
• 1st or 2nd Degree Murder
• Burglary with an Assault or Battery
• Armed Sexual Battery
• Armed Burglary
• Armed Trafficking
• Lewd or Lascivious Battery on a Child Under 12

What are the Conditions of Bail in Florida?

If you are offered bail, you will not only be expected to appear when required but also adhere to conditions the court may set to ensure that you do not get into more trouble while you are out on bail. Such conditions may include:

• Travel restrictions, including the revocation of your passport
• Drug testing
• Reporting to a supervising officer
• Working or attending school full time
• Avoiding association with certain persons
• Completing an anger management class
• Not engaging in any illegal activity

What Are the Consequences of Violating Bail?

If you fail to adhere to the conditions imposed on you by the court:

• You may have your bail revoked.
• Your bond may be forfeited.
• The judge may return you to jail.

Common bail violations include failure to appear, a positive test for drugs or alcohol, associating with someone you were directed to avoid, and arrest for another crime. Generally, any violation will likely result in bail revocation and bond forfeiture. In some cases, such as a first violation that does not involve committing another crime, a judge may choose to modify your bail conditions instead of sending you back to jail.

What Happens if You Can’t Afford Bail?

The court will set your bail amount at your first appearance, frequently based on the standardized schedule. Unless you can post bail or a bond in the amount set by the court, you will have to stay in jail until the resolution of your case. You do, however, have the right to ask for a bail reduction hearing. According to Florida statute 903.011 (4), “Except as authorized in subsection (5), only a judge may set, reduce, or otherwise alter a defendant’s bail. Upon motion by a defendant, or on the court’s own motion, a court may reconsider the monetary component of a defendant’s bail if he or she is unable to post a monetary bond.”

What Happens During a Bail Reduction Hearing?

During the hearing, the prosecutor and your attorney will argue whether the bail amount the court has set is reasonable for your case. They will both present evidence. Typically, your attorney will need to demonstrate that:

• The amount the court has set poses a financial hardship on you.
• Your alleged crime is non-violent and minor.
• You are not a flight risk.

Since bail reduction is not guaranteed, your success in having the bail amount reduced depends on having a skilled, experienced Florida defense attorney make your case.

What Happens if You Skip Bail?

Skipping or jumping bail can create serious consequences. If you fail to appear in court as scheduled, you will have violated Florida and federal law. Consequences of skipping bail can include:

• You will likely forfeit any money you paid toward bail or the bail bond.
• A licensed bond agent may track you down (bounty hunters are not allowed in Florida).
• You could face new charges.
  • If you were out on bail for a felony, you could be charged with a third-degree felony.
  • If you were out on bail for a misdemeanor, you could be charged a misdemeanor of the first degree.
• The judge in your case could issue a warrant for your arrest. Police officers could go to your home or workplace to execute the arrest warrant.
• The amount set for your bail could be increased.
• You may be required to stay in jail until the resolution of your case.

How Should You Select a Bond Agent in Florida?

If you cannot post bail yourself, selecting a good bondsman is important. Look for a bonding agent who:

• is licensed and insured and in good standing with the state’s Department of Insurance;
• has a solid reputation for helping clients, with positive reviews online;
• has substantial experience with a record of success;
• is transparent about their fees and willing to take the time to explain the bonding process to you;
• is available around the clock, including weekends, and is easy to reach; and
• offers competitive (not necessarily the cheapest) fees.

What Can I Expect from a Lawyer?

An experienced Florida defense lawyer can provide you with invaluable support and counsel from the time you are arrested until your case is concluded. Your interests will best be served by hiring a lawyer as soon as possible after you are arrested. With an extensive knowledge not only of the law, but also of the practical procedures of the court, your lawyer can:

• Prepare yourself for your first appearance in court.
• Present you and your case in the best light to the court to obtain the lowest possible bail at first appearance. Depending on the charge against you and other factors, your lawyer may also argue for release on recognizance (ROR), supervised recognizance release (SOR), or citation release.
• Recommend a reputable bail bond agent.
• If you are unable to post bail, represent yourself effectively in a bail reduction hearing.
• Once you have been released, remind you of court dates you must attend and of any restrictions to which you have agreed.
• If you violate your bail, argue on your behalf to minimize whatever consequences you may face.
• Work with you throughout the process to prepare the very best defense if and when your case goes to court.

Reach out to us for skilled legal defense

If you have been charged with a crime and are facing bail, the legal team at the Law Office of Nayib Hassan, P. A can help. Our team of experienced, highly skilled defense attorneys will investigate your case, determine if your rights were violated, gather relevant evidence, and advocate for you throughout the entire process. We have an impressive track record of getting clients’ charges reduced or dismissed entirely, and we will ensure that you fully understand your rights and options before moving forward with any legal strategy. Contact the Law Office of Nayib Hassan, P.A., today at 305-403-7323 for a free and confidential consultation about your case.