What Is Bail, and How Does it Work in Florida?

Bail is a sum of money the court requires a person charged with a crime (the defendant) to pay so they can be released from jail after being charged and before going to court. The term “bail” is often used interchangeably with “bond,” but in fact, they’re two different things with different consequences.

  • Bail. When the court sets bail, the defendant must pay the total amount ordered to be released from jail pretrial. The local jail holds the bail money. If the defendant obeys all requirements to attend court and isn’t charged with any additional crimes, they’ll get the money back after the court proceedings.
  • Bond (or bail bond). When the defendant can’t afford the total amount of bail, they may pay a bail bondsman (also known as a surety agent) a small percentage of the bail amount (usually 10%). The bondsman then puts up the rest of the bail so the defendant can be released. This can help in the short term, especially if the defendant needs to return to their job or family. However, unlike bail money, bonds are not refundable. Once the bond funds are given to the bondsman, the bondsman keeps them, regardless of whether or not the defendant follows all the court’s requirements. Even if the case ends up being dismissed, they won’t get the bond funds back.

Is Bail Always Required When Someone is Charged with a Crime in Tampa?

No. There are times when someone is released from jail pretrial without having to pay bail or a bail bond. The legal term for this is being released on their own recognizance or on a personal recognizance bond. It means the court is willing to believe that the defendant will obey the court’s requirements for court appearances and won’t flee or commit additional crimes.

What Factors Are Considered when Tampa Courts Consider Setting Bail?

Every criminal charge and case is unique, with myriad factors affecting every aspect. The same is true for the amounts the court sets for bail. This is not an exhaustive list; it’s meant to be representative of the significant considerations the court looks at when setting bail.

  • Type of crime. Someone charged with a minor crime (known as a misdemeanor) would likely be expected to pay a much lower bail than someone charged with one of the worst felony categories. They may also put weight on the financial value of some crimes, including the value of drugs in a drug crime or items stolen in a theft or burglary.
  • Previous convictions. A first-time offender will likely not be assigned as much bail as someone who’s had a previous conviction or multiple convictions.
  • Previously failed to appear in court. This applies to defendants who have had previous charges and didn’t follow the court’s requirements for court appearances.
  • Weight of evidence. If the prosecution has significant evidence (for example, a video clearly showing the defendant robbing a bank at gunpoint), that can cause higher bail amounts than evidence that’s more circumstantial.
  • Danger to the community. The court considers whether releasing the defendant from jail before the trial poses a danger to the community. This is especially weighty in cases involving violence.
  • Community ties. The court looks at the defendant’s ties to the community, including whether they have family locally, a job, and how long they’ve lived there.
  • Flight risk. No bail may be assigned for a defendant who’s considered at high risk of trying to flee once released from jail.
  • Finances. The court considers what financial resources the defendant has access to, including how they would come up with the money necessary to post bail or pay a bondsman.
  • Mental faculty. If the defendant appears to have mental health issues, that could negatively affect their ability to behave safely and abide by the court’s requirements.

Again, this is not every factor. The court can look at nearly anything when considering assigning bail amounts. This is one reason it’s crucial to contact an experienced criminal defense attorney as soon as you’ve been charged with a crime. A good defense attorney may be able to have an impact on whether or not bail is assigned or how much.

What Happens if I Pay Bail or a Bail Bond and Don’t Show up in Court in Tampa?

The instinct to panic after being charged with a crime and put in jail can be strong. Once bail or a bail bond is posted, the temptation to flee and not face the court can be overwhelming. But it’s highly advisable not to do that. The consequences of being caught are significant, including losing the entire bail amount, being tracked and arrested without a warrant, and potentially facing additional charges on top of the original charge.

The same consequences apply for fleeing after posting a bail bond, except in those cases, the bail bondsman will likely hire a bounty hunter to track down the defendant.

What Should I Do if I’ve Been Charged with a Crime in Tampa?

Call Patrick B. Courtney as soon as possible at 813-252-1529 to request a free case evaluation. This is a stressful and serious situation. As an experienced criminal defense attorney, I understand what this could mean for you. I can review the specifics of your case and its charges and help you understand what strategies might be best for your defense.