The Cost of Posting Bail and Using a Bondsman in Florida
Getting arrested and taken to jail can be a scary and overwhelming experience. Many people find themselves struggling to come up with the money to post bail so they can get out of jail while their case moves through the criminal justice system. Bail is a monetary amount set by the court that allows a defendant to be released from jail until their trial date. This article will explain how bail works in Florida, factors that determine bail amounts, options for posting bail, and the typical costs associated with using a bail bondsman.
How Bail Works in Florida
Once someone is arrested in Florida, they will go before a judge for a first appearance hearing within 24 hours. At this hearing, the judge will consider factors like criminal history, flight risk, and danger to the community when deciding on an appropriate bail amount. Defendants can be released in one of three ways:
- Released on Own Recognizance (ROR) – The defendant is released without having to pay bail, usually because they are low risk.
- Cash Bail – The defendant pays the full bail amount directly to the court in cash. The money will be returned at the end of the case, minus any court fees.
- Surety Bond – The defendant obtains a bond from a licensed bail bondsman who charges a non-refundable fee, usually 10% of the full bail amount.
Bail acts as collateral to ensure a defendant appears for all required court proceedings. If they miss a court date, the bail will be forfeited to the court. With a surety bond, the bondsman is then responsible for paying the full bail amount and will seek to apprehend the defendant.
Factors That Determine Bail Amounts
Florida judges use the following factors to determine appropriate bail amounts:
- Risk of flight – Defendants with minimal ties to the community, prior failures to appear, active warrants, or citizenship issues may be deemed high flight risks with higher bail.
- Danger to the community – Those accused of violent crimes or who have a history of violence may have higher bail to protect public safety.
- Nature of the charges – More serious felonies typically warrant higher bail than misdemeanors. Capital offenses may not be eligible for bail.
- Criminal history – Repeat offenders are seen as higher risk with potentially higher bail amounts. First time offenders often get lower bail.
- Ability to pay – While not required, some judges factor in a defendant’s financial resources when setting bail.
Bail amounts can range from a few hundred to hundreds of thousands of dollars depending on the severity of charges and risk factors. Florida’s Constitution prohibits judges from imposing “excessive” bail solely to detain defendants pretrial.
Options for Posting Bail
Defendants who cannot afford the full bail amount have a few options:
- Cash Bail – Defendants can pay the court the full bail amount in cash. The money will be returned at the end of the case, minus any court fees. Courts may allow installment plans.
- Property Bond – Florida allows real estate to be used as collateral for bail. Requirements vary by county. If the defendant misses court, the property can be seized.
- Surety Bond – This involves a contract with a licensed bail bondsman who posts a bond for the full bail amount in exchange for a non-refundable fee. This is the most common option.
- Bail Funds – Some non-profit groups offer assistance by posting bail for those in need, usually with little or no upfront cost. Availability is limited.
- Pretrial Services Program – In some counties, defendants are screened for this program allowing release without posting bail and under court supervision.
Using a Bail Bondsman
Commercial bail bondsmen are the most widely used option for posting bail in Florida. Here is an overview of how bail bonds work:
- After arrest, the defendant or a family member contacts a local bondsman to start the bail process.
- The bondsman gathers information and runs a background check on the defendant. Factors like criminal history, ties to community, and employment are considered to evaluate flight risk.
- If approved, the defendant or cosigner signs a contract and provides collateral like property or a consigned negotiable instrument. This guarantees payment if the defendant misses court.
- The fee is typically 10% of the full bail amount for state charges and 15% for federal charges. Fees are set by Florida statute
1
. So for a $10,000 bail, the premium would be $1,000.
- The bondsman posts a surety bond with the court for the full bail amount. This allows the defendant to be released from jail to await trial.
- If the defendant misses a court appearance, the bondsman is responsible for paying the full bail amount. They will seek to apprehend and surrender the defendant back into custody.
- After the case concludes, the bail bond is exonerated and collateral is returned, minus any fees owed. If properly completed, the bondsman keeps the premium payment.
Bondsmen need to be properly licensed and regulated. Florida also prohibits bondsmen from paying any kickbacks to inmates, jailers, police, lawyers, or anyone else related to a bond.
Typical Bail Bond Costs in Florida
While bail bondsman fees are set by law, there can still be additional costs:
- Bond Premium – The upfront, non-refundable fee is 10-15% of the total bail amount, with a minimum of $100. This rate is set by Florida statutes.
- Collateral – Bondsmen may require collateral like property, cash, or bank accounts to secure the bond and ensure payment if the defendant flees. This money is returned after the case.
- Cosigner – Some bondsmen require a cosigner to guarantee payment of the bond if the defendant misses court. The cosigner is liable for the full bail amount.
- Home Visits – Expect at least one home visit to verify information and check on defendants periodically until the case ends. Some bondsmen charge small fees for each visit.
- Paperwork Fees – Bondsmen may charge for paperwork processing, typically $20-$100.
- GPS Monitoring – High flight risk defendants may be required to wear ankle monitors. Daily monitoring fees apply.
- Apprehension – If a defendant misses court, bondsmen can charge fees associated with locating, apprehending and surrendering the defendant back into custody.
While bail bonds allow faster release from jail, they are not without costs. Still, for many defendants and families, coming up with 10-15% of the bail amount is more feasible than paying the full amount upfront.
The Bail Bond Process
Working with a licensed, professional bondsman can make the bail process smoother. Here are the typical steps:
- Initial consultation over the phone to gather information on charges, bail amount set, and background details.
- In-person meeting to collect all required paperwork and documentation, sign contracts, provide collateral, and pay fees.
- The bondsman posts the surety bond with the court, securing the defendant’s release. This often occurs within hours.
- Check-ins occur during the pretrial period. Defendants may be required to install GPS monitoring equipment.
- The bondsman monitors court dates. If a defendant misses court, recovery and surrender processes start immediately.
- Once the case concludes and court obligations are fulfilled, the bond is exonerated. The bondsman returns collateral and closes out the contract.
Bail bonds are regulated at the state level in Florida. Reputable bondsmen are licensed, transparent about fees, and have strong processes to manage flight risk. Getting bail assistance from a trusted professional can provide significant peace of mind for defendants and their families during a challenging time.
The Bottom Line
- Bail allows pretrial release but defendants risk losing money or collateral if they miss court.
- Bondsmen provide a valuable service but charge a non-refundable fee for posting bail bonds.
- Typical bail bond costs include a 10-15% premium, collateral, cosigners, monitoring fees and potential apprehension costs if defendants flee.
- Reputable bondsmen are licensed, transparent and take steps to mitigate flight risk until the case concludes.
- An experienced criminal defense lawyer can help advise on bail options and proactively preserve defenses in a case.
Getting arrested is uncharted territory for most people. Understanding bail options, costs and processes in Florida allows defendants and families to make informed choices during a difficult time. Reputable bail bonds professionals, coupled with strong legal advocacy, can provide critical support until the case is resolved.