FAQs

How Does The Bail Bonds Process Work?

Bail, also called a “surety bond”, is the monetary amount assigned by the courts that acts as type of insurance policy to ensure an arrested person will return for their scheduled court appearance if freed. As bail can be expensive, the defendant, or someone working on their behalf, may reach out to a bail bondsman for assistance.

The bondsman pledges to pay the bond in full if the defendant fails to appear in court. In exchange for making this promise to the court, the bondsman collects a non-refundable fee from the defendant.

Since the bondsman is taking responsibility for the defendant’s appearance, a thorough consultation will be conducted, collecting basic information about the situation, in order to determine the risk involved before accepting the case.

If accepted, the bondsman posts the bond and makes the proper arrangements for the defendant’s release. The entire bail bond process may take between two to three hours, and is completed only after all arrest and booking procedures have concluded.

The bondsman remains responsible for the defendant until all legal proceedings pertaining to the specific charges have been resolved.

It is important to employ only a state-licensed bondsman. The Florida Department of Financial Services can provide further information on the qualifications and licensing of bondsman in the state.

For more information on the bail bonds process, click here.

What Do Bondsmen Accept As Collateral?

Collateral is commonly in the form of cash, credit or debit cards, or titles for houses, cars and other types of real estate.

Other forms of personal property, such as jewelry, electronics, antiques, or firearms, may also be accepted. Always check with an individual bond agency to see what forms of collateral they may accept.

Only items for which one holds the deeds or are fully paid off can be used.

Collateral is returned once the case is complete regardless of the outcome. However, if the defendant fails to appear in court as agreed, the collateral will be seized by the bail bond agency. Collateral will also be kept if the responsible party defaults on any financial arrangements made with the bondsman.

Who is an Indemnitor/Guarantor?

An indemnitor, or guarantor, is the individual who can establish credibility and is willing to guarantee the defendant’s appearance in court as required under the terms of their release. The indemnitor signs the contract and agrees to be financially responsible to the bondsman if the defendant fails to appear.

How is Bail Determined?

The court sets the monetary value of the bail. Several factors will be taken into consideration when a defendant’s bail amount is set including the defendant’s criminal history, the severity of the charges, the defendant ties to the community and whether or not the judge determines the defendant to be a flight risk.

How Much Do Bail Bonds Cost?

The Florida Department of Financial Services regulates all bail bond agencies which are required to charge 10% on all state bonds and 15% on all federal bonds. This is a fee and is not returnable.

If the bond amount is below $1000 then a flat fee of $100 is typically charged. If the defendant resides outside the bondsman’s operating county, an additional transfer fee of $100 is allowed to be added to the bond payment.

Some bond agencies may accept payment plans.

What Are Some Average Bail Amounts?

When setting bail, the nature of the crime will be taken into consideration by the courts. The more serious the crime, the higher the bail will be posted. In Florida, some serious offenses, like first-degree murder, are deemed “non-bondable” and the defendant would be unable to bond out immediately.

To give a general idea of what a Florida bond may cost, the standard bond amount for a person arrested for DUI can range from $500 to $1000, while the standard bond amount for a person charged with aggravated battery can be upwards of $7,500 or more.

How Long Does it Take to be released from Jail after Posting Bail?

Jail facilities vary in the amount of time required to process the bond and can take anywhere from two to eight hours or longer, depending on the charges, to release the defendant.

Local police stations generally take an hour. County jails can range from three to eight hours. Immigration may take up to six hours. Federal facilities may take two to three hours.

What Happens if a Defendant Fails to Appear in Court?

If the defendant fails to appear, the bondsman may then act as a bounty hunter to track the defendant down. Florida requires all “bounty hunts” to be conducted by a licensed bail bondsman.

The bondsman also has the right to collect all monies offered to the court for the defendant’s bond. This could mean the seizure of any and all assets owned by the defendant or by those individuals who have put up collateral to financially assist the defendant.

What Happens at an Arraignment?

Generally, the defendant will appear before the assigned judge where the charges against them will be read. This reading may also include information such as the date, time, and place where the offense was committed and any pertinent evidence, if applicable .

The defendant will then be asked how they plea; guilty, not guilty or no contest (meaning the charges are not contested but the defendant does not admit guilt).

If the defendant has an attorney, the attorney will be present at the arraignment and may appear in place of the defendant if the charges are misdemeanor in nature. If the defendant is unrepresented, a request can be put to the judge to allow time to retain counsel or have a public defender assigned to the case.

If the defendant is not ready to enter a plea, a continuance may be requested of the court.

What Happens After an Arraignment?

If a plea of guilty or no contest is entered, the judge will rule on the case. Depending on the charges and the court, penalties may be entered immediately or a court appearance for future sentencing may be scheduled.

If a plea of not guilty is entered, a trial date will be set. Over the course of several weeks or months, as the prosecution and defense prepare for trial, a number of scenarios could happen, including the possibility of a settlement or plea agreement.

In either case, the defendant should prepare for future court appearances until the matter is concluded.