Experienced Trial Attorney Advocates at Emergency Bond Hearings in Florida
Reputable criminal defense lawyer protects your right to reasonable bail
In Florida, most arrestees will see a judge for a bail hearing within 24 hours. In many cases, this will not be sufficient time for the arrestee to retain capable defense counsel to secure reasonable bail. Even a top-notch lawyer might not have time to gather all the relevant facts necessary to make a compelling argument. As a result, bail might be too expensive and could impose burdensome conditions. Fortunately, defendants are entitled to request emergency bond hearings to persuade a judge to grant more favorable terms of release. At The Law Offices of Tad A. Yates, P.A., we are adept at upholding our clients’ right to reasonable bail, even when they are accused of serious felonies.
What is the purpose of posting bail in Florida criminal cases?
The purpose of bail is to ensure that a defendant will appear at later proceedings and to protect the community from unreasonable danger that could result if the defendant were at liberty. The relevant Florida statute lists numerous factors the court must consider. As your advocate, Mr. Yates brings to the court’s attention all pertinent facts and circumstances that weigh in your favor.
Types of pretrial release available in Florida criminal cases
The terms “bail” and “bond” are often used interchangeably because they both refer to conditions of pretrial release. However, the difference is that bail is an amount the arrestee pays into court whereas a bond is a promise made by a surety to pay some amount if the arrestee fails to appear in court.
Here are the arrangements arrestees can make for pretrial release in Florida:
- Cash bail — The court sets an amount the defendant must pay. The defendant pays the full amount in cash, via money order or by certified check. This sum is returned at the conclusion of the case, provided the defendant makes all required appearances.
- Release-on-recognizance (ROR) — With an ROR bond, the defendant signs a pledge to appear at all court proceedings. If the defendant fails to appear, the presiding judge issues a bench warrant for the defendant’s arrest, revoking pretrial release.
- Surety bond — A bail bond company or other surety submits a written guarantee that the defendant will appear at subsequent proceedings. The surety typically charges the defendant 10 percent of the total cost, which is nonrefundable, and can require additional collateral.
At the initial bail hearing, a judge may not grant terms the defendant is able to meet.
Procedures for an emergency bond hearing in Florida
When a defendant cannot meet the conditions a judge has set, the defendant can request an emergency hearing seeking a bail modification. Grounds for requesting a modification can include the following:
- Bond is set too high
- Bond was denied due to the nature of pending charges
- Pretrial release conditions are too burdensome
A court that has granted bail can also order what is known as a “Nebbia hold,” which denies release until the court is satisfied that funds for the bond have come from legitimate sources and are not the fruits of illegal activity.
Bond hearings are complex legal procedures that require the knowledge and experience of a seasoned criminal defense attorney. Mr. Yates can make a compelling argument that you should not have to endure incarceration before you are convicted of a crime.
Contact an experienced criminal defense lawyer in Orlando to discuss pretrial release
The Law Offices of Tad A. Yates, P.A. advocates at emergency bond hearings for modifications of release terms. To schedule a free consultation, call Tad A. Yates at 407-608-7777 or contact the firm online.
