A defendant facing criminal charges may request release from jail in exchange for posting bail, an amount of money that serves as an effective insurance policy against the defendant’s flight risk. When a court sets bail, it is usually at a high amount that the defendant cannot afford. Bail bonds are a solution for this situation.
A bail bondsman works with a surety bond company to secure a bail bond. The defendant must pay the bail bondsman a premium, typically 10% of the total bail amount, in order to purchase this “insurance.” The bail bondsman guarantees payment of the bond in exchange for this fee and possibly additional payments in the form of collateral.
The Florida Bail Bondsman will use the collateral to pay the remaining 10% of the bail if the defendant does not appear in court as required by the bond.
Federal Bail Bonds
Bail must be secured with a federal bond if you face federal charges. Vandalism of federal property, tax evasion, and drug trafficking are all examples of serious federal offenses.
There is a higher premium for buying federal bonds, and in some cases the federal courts will require a Nebbia Hearing to determine where the money and collateral came from. According to Nebbia, the burden of proof falls on the defendant to show that the money for the bail bond was obtained lawfully.
Unlike state bail bonds, federal bail bonds ensure not only court appearance but also compliance with bail conditions. Forfeiture of the bail bond and full restitution may be ordered by the court if the defendant is found to have disregarded drug testing requirements, evaded travel restrictions, or otherwise broken the terms of bail.
It is common practice for federal bail bond premiums to reflect the greater liability incurred by the bail bond company as a result of the more severe penalties associated with federal offenses and the stricter bail conditions they guarantee. While 10% is the standard in most states, 15% is the norm for federal bonds.
What is a Personal Surety Bond?
You can think of a personal surety bond as a bail bond in which the surety company or bail bondsman are unnecessary. You can ask a friend or family member to post bail for you if you don’t have enough money to cover the full amount yourself. There may be a fee or interest charged by this person if they post bail for you. A personal surety loan does not require a bondsman as you are responsible for paying 100% of the bond amount.
What is a Property Bond?
There can be no partial use of property rights with respect to property bonds. Bonds secured by real estate are the most widely recognized type of property bond. Even so, this is not the only kind of asset that can secure a bond of this sort.
The most notable distinction between surety bonds and property bonds is the length of time it takes to secure a property bond. The process of inspections and paperwork can take several weeks.
What Cash Bail?
What is commonly referred to as “cash bail” is actually a bail bond that is paid in full with cash. As a defendant, if you have the means to do so and the funds available, this is your best course of action. Reason being, your trial is over once you’ve made it to all of your scheduled court appearances. The entire amount of the bond will be refunded to you by the court. With cash bail, therefore, there is no financial risk.
What is a Recognizance Release (ROR)
A defendant who signs a release on their own recognizance (ROR), also known as an own recognizance (OR) or personal recognizance (PR), swears that they will appear in court for all of their scheduled court dates and will refrain from any further criminal activity while they are out on ROR.
Shoplifting, traffic infractions, technical offenses, and first-time offenders are all examples of the types of cases where an ROR may be requested. A judge will typically consider your community ties, family in the area, employment, the nature of the crime you’re accused of, your flight risk, and your criminal record when deciding whether or not to grant the ROR.
What is the Difference between Bail and Bond?
The judge determines the bail amount. If the court refuses to release an arrested person on bail, the bail bondsman will post a bond. For a 10%, a bondsman will put up the full amount of bail (the amount set by the judge). The State Insurance Commissioner in Florida sets the 10%. Bonds can be obtained for a wide variety of alleged criminal offenses, including drug crimes, immigration violations, driving under the influence, parole violations, disorderly conduct, failure to appear, probation violations, theft, domestic violence, and drug trafficking.
Bail Bondsman near me in Tallahassee, FL
Harrison Bail Bonds has been putting families back together since 1995! Call us to get your loved one freed ASAP. Harrison Bail Bonds specializes in servicing Bail Bonds in Leon County Florida, including Tallahassee, Jefferson County, Live Oak, Suwannee County, Liberty County, Calhoun County, Gadsden County, Wakulla County, Taylor County, Madison County, and Franklin County.