Knowing about the legalities can go a long way if you reside in Florida or plan to start operating out of the state. The exact law is not a requirement for staying in Florida, just enough to keep out of trouble.
Things can get a bit complicated once you have posted bail after being arrested. There are quite a few things that you may not be allowed to do out in public on bail. But first, let’s dive into the Florida Bail System and figure out what it is.
The term ‘bail’ refers to the money that courts keep as collateral to release a defendant from jail.
It is an insurance policy of sorts, ensuring the defendant returns to court for their hearings. The defendant must appear before a judge forty-eight hours after being arrested and processed. This appearance is referred to as the ‘First Appearance.’
At this point, the judge informs the defendant of the allegations against them, makes a probable cause decision, and determines whether or not to release the defendant on bail and at what amount.
Once the defendant makes the bail payment, the court releases them from custody. This money is reimbursed once the offender attends all proceeding court dates.
However, if the defendant has any overdue court fines, the court has the authority to deduct them before reimbursing.
People usually receive easy bails for minor offenses. For severe violations, bail is hard to obtain. Bail will be rejected if the court considers the offender a flight risk or releasing them from prison may harm public safety.
Upon posting bail, you sign a bail bond that outlines the terms of your release. The bond essentially means you are free but must follow specific rules and keep within boundaries.
The police, like the courts, have the authority to set bail restrictions. To gain more perspective, let’s look at what a defendant can do after posting bail:
You can continue to work if you already have a job. Instead of stopping work because of a case, it is better to resume work so you have money to spend on your case.
You may also lose your job if you stop working or have already taken leaves because of the arrest. Furthermore, continuing to work tells the courts that you are less likely to flee because of your ties to the community.
Focusing on your employment lowers your chance of committing minor offenses or engaging in activities that might result in your bail being revoked.
Start looking for work if you don’t already have one. Finding a job and retaining it before your court date demonstrates to the court that you are attempting to take control of your daily life productively.
It also depicts that you are now establishing a favorable pattern for yourself in the future, which your defense counsel can later transmit to a court on your behalf at trial.
You can travel within the state with written permission from the court if you’re out on bond. However, subject to conditions surrounding your offense, past criminal history, physical and mental status, and the nature of the request, your permission to travel out of state may be accepted or rejected.
Even after a formal authorization from the court, your bail bond agency maintains the right to prohibit out-of-state travel based on your case and bail bond amount.
All bailed suspects are required to follow “conditions of release.” If a suspect breaches a condition, the court can revoke bail and re-arrest the culprit.
Some bail terms are standard, such as requiring a suspect to “follow all laws.” Other terms are related to the offense.
A condition may, for example, prohibit a domestic violence suspect from contacting the alleged victim. Other examples of what a defendant can’t do after posting bail are as follows:
Once you have posted bail, don’t give local law enforcement any excuse, big or small, to penalize you or jail you. It would help if you were a role model for others.
While you’re out on bail, the court has the authority to conduct a random drug test. Furthermore, you will be subjected to drug testing in court before your trial, so abstain from alcohol and drugs.
While the definition of a weapon might vary depending on who you ask, you’re better off avoiding any kind. Blunt items, bladed weapons, and guns- all of them are weapons as long as you are out on bail.
Avoid using big knives outside the kitchen, don’t carry a gun, and leave the baseball bat at home.
Make it to your house well before the designated curfew hour set out in your bail. Violating a condition of bail can be a valid cause for arrest.
The court decides on the nature of travel limitations depending on the nature of the crime. In the case of a severe offense, the court will prohibit any travel outside the country.
Some courts, on the other hand, may be more forgiving. For example, you may be urged not to leave the state, but nothing will be strict.
It’s worth noting that the court may not impose all of these requirements. Physical and mental health, criminal history, the nature of the offense, the possibility of an escape attempt, and any history of drug addiction are all considered before imposing a restriction.
The judge can be harsh or lenient based on this information.
In everyone’s best interests, the defendant must adhere to their bail terms to prevent any issues with the court or local enforcement agencies. Doing so helps the court see the case favorably.
If you require legal assistance or need help getting out of jail, feel free to contact Your Way Out Bail Bonds to get the best team available capable of dealing with the Florida bail system.
Your Way Out Bail Bonds is more than equipped to deal with the bail laws in Florida, so much so that we take care of everything for you.