How is the Bail Amount Determined for a Felony in Florida?
Florida defines a felony offense broadly as any criminal offense that is punishable by imprisonment in state prison for more than one year. Notably, most people who are charged with felony offenses are required to post bail in order to secure their release while they await a trial. At The Law Office of Denise Miller, PA, our Stuart criminal defense attorney explains how bail is determined for a felony offense in Florida.
What is Bail in a Felony Criminal Case in Florida?
Under Florida law (Florida Statutes § 903.046), “the purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.” In other words, bail is a monetary amount set by the court to allow a defendant’s release from jail while awaiting trial. It serves as a guarantee that he or she will return.
Note: If the defendant cannot afford full bail, they may seek the services of a bail bond agent. In Florida, a bail bond agent charges a non-refundable fee, often around ten percent of the total bail amount, to post a bond with the court on behalf of the defendant. Bond can secure release.
The Factors that Determine How Bail is Set in Florida
With many misdemeanors in Florida, a person is released on his or her own recognizance. Though there are some exceptions, that means that they may not need to post any bail at all. However, that is often not the case for felony charges. With felonies in Florida, bail/bond is often required. How much bail will be required depends on a number of different case-specific factors, including
- Nature and Circumstances of the Charges: The seriousness of the alleged crime plays a major role in determining bail. The degree of felony matters.
- Likelihood of Danger to the Community: If releasing the defendant could pose a risk to public safety, bail may be denied or set very high. Indeed, in Florida, one of the court’s main concerns is preventing further harm.
- Weight of the (Preliminary) Evidence: In Florida, courts consider how strong the evidence is that the defendant committed the offense. If the evidence appears to be overwhelming, bail may be set higher.
- Signs of a Flight Risk or Lack Thereof: Long-term residency in the area suggests a lower risk of fleeing. Other factors, like steady local employment, may also be relevant.
- Defendant’s Financial Resources: Courts in Florida are empowered to assess the defendant’s ability to pay bail. A defendant who has financial challenges may be able to get lower bail.
- Past and Present Conduct (Criminal Record): A history of criminal activity, particularly failures to appear in court, weighs heavily in bail decisions. Courts are more cautious with defendants who have a record of disregarding the law, especially missing court dates.
Speak to Our Stuart, FL, Criminal Defense Lawyer Today
At The Law Office of Denise Miller, PA, our Stuart criminal defense attorney is a knowledgeable, justice-focused advocate for clients. If you have any questions about bail for a felony case, please do not hesitate to contact us today for a fully confidential case review. With an office in Stuart, we defend felony criminal charges in Martin County and throughout the region.
