Understanding Bail and Bond Hearings: How to Protect Your Freedom Early in the Criminal Process
An arrest can turn your life upside down in a matter of minutes. One of the first (and most important) questions people have after being taken into custody is whether they will be able to go home while their case is pending. In Florida, that decision is often made at a bail or bond hearing. What happens at this early stage can significantly affect your freedom, finances, and ability to fight the charges.
What is a bail or bond hearing?
A bail or bond hearing is when someone who’s been arrested goes before a judge to find out if they can be released from jail before their trial–and under what terms. The main idea is to make sure they’ll show up to court later while also keeping the community safe. Sometimes, depending on the charges, bail is set automatically based on a standard schedule. Other times, the judge holds a hearing to figure out how much bail should be or if the individual can be released at all.
Factors judges consider
Judges do not choose bond amounts at random. Florida law requires them to weigh several factors, including:
- The seriousness of the alleged offense
- Whether violence was involved
- The defendant’s prior criminal history
- Ties to the community, such as family, employment, and length of residence
- Risk of flight
- Any danger the defendant may pose to others
For certain offenses, such as domestic violence or serious felonies, judges may impose additional conditions like no-contact orders, travel restrictions, or electronic monitoring.
Bail vs. Bond: What’s the difference
A lot of people use the terms “bail” and “bond” like they’re the same thing, but there’s actually a small difference between them. Bail is the amount of money the court says someone has to pay to get out of jail before their trial. A bond usually means a bail bond company steps in and pays that amount for the person, usually for a fee that you don’t get back, even if everything goes smoothly.
In some cases, the judge might decide the person doesn’t have to pay anything at all to be released. That’s called release on recognizances or ROR. This just means they’re trusted to come back on their own, without putting up any money.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of those who have been charged with serious crimes. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
