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Bond Hearings/Bail Bonds
Most felonies and some but not all misdemeanors result in an arrest of some kind. Within 24 hours of arrest all Defendant’s are taken before a judge which is called first appearance. You want your personal defense attorney helping you at first appearance. Hiring Matt Landsman expert defense attorney to assist you before you are taken to first appearance can help you be prepared to present the best evidence and argument for your release without the setting of bond. At first appearance the judge will determine if there is probable cause for your arrest based on the documentation presented to them by the State Attorney, and then proceed to determine the conditions of release or set a bond. If you are unable to post the bond amount given by the judge you will remain in custody pending the outcome of your case.
What is a Bail Bond? Cash vs Surety
A cash bond is a cash amount paid to the judicial system to bail someone out of jail. If the person does not show up for court when required, the system may keep the cash. The benefit of a cash bond is that it is a direct, generally fast way of bailing someone out.
A surety bond for jail serves as a guarantee for the court that the defendant will fulfill their obligations. Unlike a cash bond where you pay the court directly, a surety bond is one in which you enlist the help of a bail bond company. That bail bond company acts as a surety, covering the defendant’s bail amount in full.
If you use a bondsman to post a surety bond, then you don’t show up for Court, the bondsman now has to pay the entire bail bond. In theory this creates an incentive for the bondsman to make sure the person subject to the bond shows up in Court.
Bond Reduction in Florida – Lowering or Releasing Bond
If you remain in jail and are awaiting trial or some other outcome to your case, you still have the opportunity to have your bond amount lowered or convince the judge in your case to release you on your own recognizance. Experienced Bond Reduction in Florida Defense attorney Matt Landsman has been successful with countless clients getting released by convincing the judge their bond was improperly set too high and they should be given an opportunity to be released pending the outcome of their case. Florida bond reduction is an area your lawyer should know. Matt Landsman is a Board Certified Criminal Trial lawyer who can help you address your pretrial release.
The 5th DCA summarized the law in this matter in Rawls v State 540 So2d 946 (5th DCA 1989 when it stated an excessive bail was tantamount to no bail, and the proper consideration of release factors under Florida Statute 903.046 must be made on a case-by-case basis with full consideration of the legally relevant factors and such factors include an accused’s financial resources, family ties, employment history, length and stability of his residence in the community, past criminal convictions, and record of appearing or failing to appear at prior court proceedings. Rule 3.131(b)(3), Fla.R. Crim.P.
If you have family ties to the community, long-term residence in the community, and lack of a criminal record and you are still held in jail, call Bond Reduction in Florida lawyer Matt Landsman regarding reducing your bond or bail now. Florida Bond reduction is important to you, and an experienced Lawyer can help.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.