CONTACT YOUR LAWYER BEFORE YOU BAIL OUT
The Law Office of Carlos M. Fleites P.A. can help guide you through the bond process to ensure that it runs smoothly and most importantly quickly. In Florida, defendants are entitled to a first appearance before a magistrate judge within 24 hours of an arrest. At this hearing, one of our Criminal Defense Attorneys can negotiate a lower bond or a release without the necessity of bond altogether.
WHAT IS BAIL AND HOW IS IT SET?
The amount of bail money or other security deposited with the court to insure that you will appear is set by a schedule in each county. When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense with which you are charged, whether probable cause for this charge appears on the arrest affidavit, any prior failures to appear (even for traffic tickets), any previous criminal record and your connections to the community, as well as the probability that you’ll appear in court. Generally, the amount of bail is set according to a written schedule based on your charges.
WHY NOT USE A BAIL BONDS TO GET SOMEONE OUT OF JAIL IMMEDIATELY?
The answer, Bail is not simple and fast, IT’S COSTLY! It could also be a complete waste of money. An attorney can negotiate to lower the bail or remove it completely, saving you money. Most bail situations require money, property, and collateral and more to get the bond approved. And if the person you bail out fails to appear you could lose your money, property and other collateral forever. Your Criminal Defense Attorney should have good relationships with several reputable Bail Bonds company that will not cheat you and will stand by you as you go through the criminal case process. Beware of Bail Bondsmen who call you from jail saying that they spoke to your loved one and can bail them out immediately. What they are doing is called “Hustling a bond.” It is a practice that is not only unethical, it is also generally illegal. These bondsmen are generally untrustworthy and should be avoided.
Instead of paying bail, you might be released on your own recognizance or “R.O.R.” This means that you do not have to pay bail because the judge believes that you will show up for your court appearances without bail.
Alternatively, it is possible to post the entire bail amount without the use of the bondsman. In this instance, the entire amount will be refunded by the Clerk of Courts at the conclusion of the case. It is important to note, however, that in certain instances, the Court may keep some of the bond money to pay for court costs.
In some cases the court will attach a Nebbia requirement as a condition to the bond. We generally see this in drug trafficking cases and cases dealing with fraud or theft of a large sum of money. A Nebbia requires that the person posting the bond show that the money being used for the bond premium, (the money paid to the bondsman for his services) as well as the bond collateral comes from a legitimate, legal source that is unrelated to the alleged crime.
To satisfy the Nebbia, your attorney prepares a Nebbia proffer, a document that includes copies of bank statements, pay stubs, tax returns, deeds, mortgages, etc. to show where the money and collateral is coming from. This document then gets presented to the State Attorney and Judge for the Court’s approval. It is only after the Court deems the Nebbia requirement satisfied that bond can be posted and the Defendant released.
If you or someone you care about is arrested, call us immediately! We will start the process of getting the Defendant released immediately. We are available 24 hours a day, seven days a week. Unlike some bail bondmen, who only care about making money at your expense, we only have your best interest in mind. Let us guide you through the process and provide you a list of reputable bondsmen to choose from.