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Suppose that you have been arrested, perhaps following a car accident. Whether a warrant was issued for your arrest or an officer believed they had probable cause to arrest you without one, you are now in jail.
Even though you may not have been convicted of any crime yet, you can be held in custody until your trial date — unless you are able to make bail.
Your bail is an amount set by the court that you must pay yourself or through a bondsman to secure your release from custody. The court has considerable flexibility in setting the amount of bail you will have to pay and other conditions of release. Both of these topics are the subject of a bail hearing.
Here is what you need to know about bail hearings in Florida.
What Is a Bail Hearing?
A bail hearing is simply a hearing in which the court sets your bail amount and conditions of release. Although these hearings are usually quick, they can have a significant impact on your life.
If you cannot make your bail, you will remain in custody until either you can or until your case is completed. This can cause hardships for your family and result in the loss of your job.
Although you have the right to an attorney in criminal matters, you may not have an attorney at your first bail hearing. If you do not and if your bail is initially set at an amount you cannot afford, you or your attorney can always request another bail hearing to have your bail amount reviewed.
You have a constitutional right to a reasonable bail amount, so you and your attorney can repeatedly raise the issue if you cannot make bail.
What Happens at a Bail Hearing?
Bail hearings are designed for individuals who are in custody awaiting trial or disposition of their cases. You will be notified when your initial bail hearing is scheduled, although you may not be given much advance notice.
Once you are notified of when your hearing is scheduled, you can expect the following to take place:
You Will Appear Before a Judge
You will need to first appear in court before a judge. This judge may not be the judge assigned to hear your case. Furthermore, the judge may have little information about your case beyond your charges and some basic information about you.
The hearing may be conducted in person or using a two-way camera system. In either event, you are still considered in custody and so will be in restraints and in your jail attire. Your hearing will typically be one out of many that are held in quick succession, one after the other. In all, your hearing may last five minutes or less.
The Court Will Review Your Charges
If you have not yet been told what charges you are being held on, the court will inform you of those charges. To get a better idea of what bail amount is appropriate, the court may review any affidavits or reports that were submitted along with your charging document.
Factors the court will be looking for are evidence of violent behavior or attempts to flee from law enforcement. The presence of either of these two elements can result in a higher bail amount, as they indicate that you may pose a safety risk to the community and might not be willing to come back to court voluntarily for future hearings.
The Court Will Consider Other Information About You
In addition to your charges, the court may also consider evidence presented to it concerning your past criminal activity, previous failures to appear in court, and ties to the community. This evidence may be presented to the judge in affidavits, by a prosecutor, or by your attorney.
In receiving all of this information, the court is attempting to gain as clear of a picture as possible as to who you are and the risk you represent to the community. In deciding on a bond amount, the court will need to set an amount that can help guarantee you will appear in court and will not present a further danger to society if you are released.
You May Be Allowed to Speak
Before making its decision, the court may ask you if you have any information to share with the judge. You are not obligated to tell the judge anything at your bail hearing. If you choose to do so, some things that may be helpful would include:
- Your longstanding ties to the local community
- Your employment history, if you have worked for a local employer for a long time
- Other family members you have in the local community
- Contributions you have made to the area
- Your lack of criminal history
- Special obligations you have, such as if you are caring for a sick relative
Make certain that whatever information you tell the court is accurate. Lying to the court is never a good idea, even if it is done so you can get released from jail.
The Court Will Issue a Ruling
Once the court believes it has enough information, it will issue a decision and set a bail amount for your case. The court may also impose other conditions on your release, such as requiring you to report for regular drug or alcohol testing.
Once the court sets your bail, you can then post your bail or go through a bail bondsman to secure your release.
Bail Bonds Now Is Here for You When You Need Us
If you are in custody and need to make bail, turn to Bail Bonds Now, Florida’s preferred bail bondsman for over ten years. We are available to serve you 24/7 and provide service to all Florida counties.
In most cases, collateral is not needed for our bonds. We also offer flexible payment plans. After your bail has been set in Florida, call Bail Bonds Now for assistance so that you can return to your family as soon as possible.
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