State and Federal Bond Hearings
Some Florida State crimes require Bond Hearings in order for the accused to be afforded a reasonable bond. Not all Florida State crimes are known as "bondable offenses", meaning that there is an automatic bond associated with the crime. In many cases the accused must go before a Judge for him or her to determine if bond should be awarded and what conditions of bond are necessary in order to assure the safety and protection of society against an unreasonable danger from the accused, as well as guarantee that the accused will appear in court. Although a different system, at a Federal Bond hearing the Judge is determining the same issues. In a Federal Bond Hearing, there is no set amount of bond associated with any of the charges. Your Bond is dependent on many factors associated with the crime. If you are not a US resident, or area resident, that may affect the amount of bond and the conditions associated with the bond. If you do not own real property, if the crime is a life felony, if it is a crime of violence, or any other nature of the crime, employment history, sources used to pay the bond, criminal history, if you have failed to appear before another court, if you have foreign bank accounts or access to large amounts of money or family that lives outside the country, can all be considered by the court.
In regards to State and Federal Bonds there are conditions and ways bonds can be posted. In Federal Court they can consider a personal surety bond, which can be compared and is very similar to being released on your own recognizance (ROR) in State criminal court. Although in the Federal system there is usually an amount associated with the signature or personal surety bond, to assure the appearance of the accused. Additionally, the Federal Government and Court may require more then one signature on your bond, thereby exposing those individuals to monetary detriment if you fail to appear.
The most common terms used in regards to the State and Federal Bond System are:
Cash Bond: These bonds are deposited directly with the Jail and you will get the money back once the case is over. (although some counties will take out fees for court costs and fines) A the close of the case the depositor takes a copy of the disposition papers to the jail and gets back the bond amount.
Surety Bonds: Require the use of a State or Federal Bondsman. The Bondsman receives 10% of the bond amount as his or her fee. The remaining amount can be secured with collateral i.e. a home, car or other asset of value.
Revocation Of Bond
Obviously, a condition of your bond is that you do not commit any new State or Federal Crimes. The Court can upon its own finding, without a motion by the State revoke your bond if they find that you committed a new crime while out on bond. It does not matter if you are actually charged with the crime. The arrest or criminal probable affidavit can be enough to revoke your bond.
If you are charged with a life felony or capitol offense you are not eligible for a standard bond. You must conduct a bond hearing or what criminal lawyers call an "Arthur Hearing." At that hearing the State will put on evidence to establish "proof evident, presumption great" in determining if they can prove the accusations against you. If they cannot meet that burden, then you are entitled to a reasonable bond as a matter of right. If they can meet their burden, then the court can still use its discretion to grant you a bond. The difference is that the Court is under no obligation to give you a bond if the State meets their burden.
State and Federal Bonding issues are complex and require individuals that are familiar and have experience with the process in order to give you or your loved one the best chance at getting a reasonable bond. Call or Contact our offices today to speak with Criminal Bond lawyer Bradford Cohen to find out more information.