What Is a Fair Bond Amount?
When someone is arrested in the state of Florida, often one of the first objectives for an individual charged with a crime is accessing release from custody while awaiting trial. This can happen through the bail and bond process. Bail is an amount of money set by a court to ensure a defendant’s appearance at future court proceedings, and bond refers to the process of posting bail.
A Clearwater criminal defense lawyer can help if you are seeking to secure a fair bond or are interested in learning more about bail and bond in order to help someone you love. An attorney can also inform you of how to access the resources you need, including using cash, property, or through an agreement with a bail bond company.
Understanding How Amounts Are Determined
Bail is a form of financial security intended to ensure that the accused person will return for their court appearances. It is a tool to make sure the individual does not flee from justice. The court sets the bail amount based on various factors, including the potential danger the defendant may pose to the public.
Once the bail amount is set, the defendant can post the full bail amount or obtain a bond. In most cases, particularly when a bail amount is high, individuals seek the assistance of a bail bond company to obtain a bond, which typically requires paying a percentage of the total bail amount.
Determining a fair bond amount is a crucial aspect of the criminal justice system. The purpose is to strike a balance between safeguarding the defendant’s constitutional rights and protecting public safety. A fair bond amount will consider the following.
- The defendant’s flight risk. To set a fair amount, a Florida court will assess the defendant’s likelihood of fleeing the jurisdiction. Some of the factors that will be analyzed are the person’s ties to the community, employment stability, family relationships, and past criminal record.
- Their financial resources. In order for the process to be just, bail should be set at an amount the defendant can reasonably afford. This is because imposing an excessively high bond that the accused cannot pay effectively denies their right to pretrial release.
- Concerns for public safety. When the defendant poses a threat to public safety, the court may impose additional conditions such as house arrest, electronic monitoring, or mandatory counseling. These additional restrictions provide more public safety without setting an unreasonably high financial amount.
Representation and Advocating for Bond Reduction
A Clearwater criminal defense lawyer knows how to represent defendants at the bond hearings, presenting persuasive arguments to the court for a reasonable bond amount. And if the initially set bond amount is unaffordable or excessive, an attorney can file a motion requesting a bond reduction.
Has your bond hearing been set? A skilled Florida defense attorney can provide invaluable assistance. The legal team at King Law Group has experience representing defendants at bond hearings, advocating for bond reduction, and negotiating appropriate conditions for release. Schedule your free consultation today.
