Tampa Bail Information After an Arrest

Explaining Bail Information Just in Case You’re Placed Under Arrest in Tampa, FL

Bail is usually a simple matter in Florida. If you’re placed under arrest by a police officer and charged with a crime, you will appear before a judge who will decide if you can be released until your case is resolved or goes to trial. Typically, only those accused of the most serious crimes are denied bail.

But let’s assume the charge against you is somewhat less serious. If your bail is set at $25,000, and you just happen to have $25,000, you can pay the bail amount, and it will be returned when you appear for your trial. If you fail to appear, you lose the entire bail amount.

Having an experienced criminal defense attorney on your side can increase the chances that you’re granted bail and help you understand what your responsibilities are once you’re released. If you’ve been arrested for a crime in Tampa, call attorney Patrick B. Courtney, P.A., to represent you.

What Is Bail?

When you’re charged with a crime, you’re put under arrest. However, it can take months or even years, in some cases, for the case to actually go to trial. What happens in the meantime? There are three general options:

You’re released on your own recognizance.
You’re granted bail
You’re held in jail until the case is determined

Being released on your own recognizance means that you are free to go without needing to post bail. Instead of putting money down to ensure you show up for the trial, you simply sign a written promise that you will appear on your court date. Those who are determined to be a high flight risk or a danger to the community may be denied release altogether. Bail is the middle ground.

When you’re granted bail, the judge determines a specific amount you must pay to be released from jail. This amount is determined by several factors, most significantly the type of crime, any previous criminal history, and how likely they think you are to flee. If you pay the bail, you are released from jail. If you can’t afford the bail, you remain incarcerated while the case is being processed.

What Happens If You Can’t Afford Bail?

For bail to work as a way to ensure defendants return to court, it must be high enough to be a persuasive incentive. Someone is much more likely to skip out on bail if they’re only losing $100 compared to $10,000. The more serious your crime, the higher the bail amount.

If, like most people, you don’t happen to have a spare $25,000, you can hire a Florida bail bondsman. For a percentage of your bail amount, typically 10 percent, the bondsman will post your bail.

In Florida, the exception to the 10 percent rate is when a bail bondsman must post a federal bond on your behalf. If you are charged with a crime in federal court, the bondsman will require 15 percent of the total bail amount.

Assuming you show up for court as required, the bondsman gets their money back at the end, and you’re only out the 10 or 15 percent fee you paid.

What’s the Process for Working With a Bondsman?

If you’ve been arrested and are currently being held in jail, you may need someone to come bail you out. If you or they don’t have the full bail money, they’ll need to contact a bondsman. A relative or friend can go to a bondsman’s office and provide your name and other details. The bondsman will look up the arrest details and prepare the necessary paperwork.

Your bail bond will then be posted, and you’ll be released. From the time someone first speaks to a bondsman, it may take five or six hours — and sometimes longer — for you to be released, depending on how busy the bondsman and the jail are at that time.

In most cases, you will be released immediately upon posting bail, but there are some exceptions to be aware of. If you were arrested for driving under the influence (DUI), for example, you may be detained until your blood alcohol content level has dropped below the 0.08 percent legal limit.

What Is the Self-Arrest Process After an Arrest Warrant Is Issued?

If you already know there is a warrant for your arrest, “self-arrest” is the most convenient way to deal with the warrant, post bond, and avoid jail.

If you know or believe that there’s a warrant for your arrest, you or your attorney can speak to a bondsman who will confirm the warrant and post your bond. The bondsman will accompany you to the jail, your bond will be posted, and you’ll be fingerprinted, photographed, and released.

Self-arrest lets you avoid jail and prevents the embarrassment of being arrested at work or in front of your family.

How Will I Know If I’m Eligible for a Bail Bond?

In most cases, you will find out if you are eligible for bail at your first court appearance, which is generally within 24 hours of your arrest. In most cases, the court uses an automatic bail schedule. However, this may not apply to your case if you:

Are arrested for a felony while on pretrial release or parole
Are a registered sex offender at the time of your arrest
Are arrested for violation of a protective order
Are considered a habitual offender
Are arrested for certain violent crimes, including but not limited to homicide, battery, child abuse or arson

In these cases, the bail amount may be increased above the automatic bail schedule or be denied entirely.

What Happens If You Fail to Appear in Court?

If you post your own bail and fail to appear at your scheduled court date, you could lose your money. The judge will also issue another warrant for your arrest. In some cases, you may be given a grace period, but this doesn’t always happen.

If you used a bondsman to post bail, you must appear in court for the bail bondsman to get back the bail that he’s posted for you. If you don’t, the bondsman may track you to drag you into court, but if you appear as scheduled, you won’t need to worry about this “wild west” side of the bail business.

You should know that Florida bans “bounty hunters” and allows only the authorized bond agent to track and detain someone who has skipped bail. Still, if a bondsman posts bail on your behalf, you are accountable to that bondsman for as long as your case is pending.

In recent years, cash bail has been controversial. Legal activists claim that the system disproportionately discriminates against minorities and against those who are least able to pay. Several states, in fact, have abolished for-profit bail, but the state of Florida has not.

If you have questions about how this process works and or what you need to know before using a bondsman service, talk to a criminal defense lawyer.

What Factors Do Judges Consider When They Set Bail Amounts?

The criminal justice system gives judges a great deal of leeway when deciding how to handle things like bail. While there is an automatic bail schedule, the judge may still have the discretion to raise the bail amount or deny it entirely if they believe there are extenuating circumstances that warrant it.

When a Florida judge sets a bail amount, these factors are taken into consideration:

The details of the charge
The chances that the defendant will flee and fail to appear
The risk to the public
The defendant’s previous convictions
The defendant’s ties to the community

In some cases, your defense attorney and the prosecution may be able to make recommendations to the judge. For example, your attorney may argue that you have extensive ties to the community and are not a danger to others.

Will I Need Collateral?

If your bail amount is high, you may have to provide the bondsman with security, such as your home, your vehicle, or another asset of value. If you “skip” out on bail bonds, the bondsman may then place a lien on your home, car, or other asset. This means that you won’t be able to sell or refinance those assets until the money is paid to the bondsman and the lien is released.

When your case concludes, any security that you offered to the bondsman is returned, provided that you have covered the 10 or 15 percent fee.

Furthermore, if you disappear, a bail bondsman won’t be the only one looking for you. The judge will issue an arrest warrant, and your bond will be in default.

You Have the Right to an Experienced Criminal Defense Attorney in Tampa

Bail bondsmen aren’t supposed to recommend attorneys, but it happens. However, a bondsman may recommend a lawyer because of a reciprocal business arrangement, so you should not choose a lawyer on the basis of that recommendation. Any attorney you work with should always have experience with the type of crimes you’ve been charged with, be able to provide information on your charges and what to expect from the process, and answer any questions you have.

Tampa defense attorney Patrick B. Courtney has more than 24 years of experience as a lawyer. He knows how the bail system works, how to protect a defendant’s rights, and how to bring a criminal case to its best possible conclusion.

Pat Courtney represents defendants accused of crimes in Polk, Hillsborough, Pasco, Pinellas, Sarasota, and Manatee counties. Learn more by calling his offices at (813) 252-1529 or by using the online contact form on this website.