What do I do if I cannot afford to make the bail set in my Florida criminal law case?
If the bail is set too high initially, a good defense attorney and bondsman can assist you to petition the court to lower the bond. Attorney Brian Gabriel will help you relay to the court what your ties are to the community, that the actions described by law enforcement are not 100% correct, that your criminal record is very minimal at best, and so on so that a court may entertain your request to lower the bond or place other conditions to assure your appearance besides money.
As a defendant, you may choose to secure a bond instead of posting bail. A bond is posted by a bail bond company to secure your release. The bail bond company will charge you a fee of 10-20% of the bail amount to post bail on your behalf. The bail bond company will usually agree to pay the full cost of your bail if you fail to appear in court.
Who can get bail after being arrested?
For most crimes in Florida, the court will allow an individual to bail out of jail pending that charge. Only the most severe charges prohibit a person from posting bail or bond. In most cases, whether the defendant faces a misdemeanor or felony charge, a court will look at the facts of the case and the defendant’s record to determine whether or not that record demonstrates a flight risk or a failure to appear history. If not, the court will set what it believes to be a reasonable bail amount.
Why do I have to post bond?
The purpose of bond is not to punish you, but rather, to ensure you show up in court at later hearings after you are released from jail. Your first appearance judge will set a bond amount based on your prior record and the offenses for which you have recently been charged.
What do I do if there is a warrant out for my arrest in Florida?
When you discover that there is a warrant out for your arrest, you should be quick to contact a qualified criminal defense attorney. Your attorney will be able to find out various facts about your warrant, including the charge or charges for which police issued the warrant.
He or she will also inform you of what steps you should take next.
An attorney like Brian Gabriel will help you reach important conclusions, such as whether you should arrange for an immediate surrender. In some cases, you may be able to reach an agreement with the parties and the state of Florida to set a bond. The parties may allow you to post bond in another state or country. Several activities must take place once you learn about a warrant for your arrest. If you need to surrender, a dedicated defense lawyer and bondsman can help you proceed through the steps as smoothly as possible. From arriving at the facility to completing the necessary paperwork and posting bond, the goal is to prepare you to be released from police custody as soon as possible.
What is the difference between jail and prison in Florida?
In Florida, each county has a county jail. In each county, the sheriff’s office runs the county jail; for example, the Palm Beach County Jail is managed by the Palm Beach County sheriff’s office. On the other hand, the state of Florida operates the Department of Corrections, which in turn runs all the state prisons. State prisons within the Department of Corrections house individuals who have been convicted of felony offenses, while county jails keep people who have been convicted of misdemeanor offenses or those who have been charged with felony crimes but have not been sentenced by the court.
How can I find out if there is a warrant for my arrest?
Individuals who believe there may be a warrant out for their arrest can find out if one exists in one of several ways. First, he or she can work with a knowledgeable defense lawyer who can investigate through local law enforcement, the sheriff’s office, and different warrant divisions whether or not a warrant has been issued, and if so, whether or not it is in effect and being actively sought. Generally speaking, officers executing warrants work for the Palm Beach County Sheriff’s Office Warrant Divisions. Once your warrant is confirmed, your attorney will be able to guide your next actions.
Is there any difference between being sent to jail or prison in Florida?
If an individual is sentenced to jail, then they’ve had to have been convicted of either a misdemeanor or felony crime. If an individual is sentenced to prison, then they had to have been convicted of a felony offense. State prisons within the Department of Corrections only house those convicted of felony offenses, while county jails throughout the state may hold individuals convicted of misdemeanor crimes or those awaiting trial for felony offenses. In some cases, individuals convicted of lesser felonies may also stay in jail rather than prison. A person cannot go to prison for a misdemeanor conviction.
My relative or friend was just arrested in Florida. How do I get them out of jail?
It is understandable that you are concerned about your loved one’s wellbeing. With that said, there isn’t much you can directly do to get him or her out of jail. Rather, he or she must acquire the services of a quality criminal defense lawyer and the assistance of a bondsman to try to be released from jail. The attorney can assist in appearing on behalf of that individual and arguing for some form of release that does not require a bondsman or money to be posted. If the court requires a monetary bond to be posted, then knowing a good bondsman that can assist is important to be able to have that bond posted as quickly as possible. This will allow your loved one to be released from the county jail.
How do I get out of jail after an arrest in Florida?
A person arrested in Florida is brought before a Magistrate within 24 hours of his arrest. Usually, he faces the Magistrate the morning after the arrest. At that time, the Court considers the facts of the case and evaluates the individual’s criminal record to understand the person’s background. The Court must set a bond amount. Once the bondsman posts bond, the individual can be released. The bond works to ensure that he will return to court for his next hearing and allows him to remain free in the meantime.
What should I do if I get a call that a loved one has been arrested?
When you receive that call, your first concern is to see about getting that individual out of the custody of the sheriff’s office. Generally speaking, you need to contact a good attorney and a bondsman. Those two individuals working together will be able to determine what the charges are, whether or not a bond is allowed, and if it is allowed, to get that posted so that release of that individual can occur, generally within a couple hours. That person can get home and then be able to meet with both the attorney and the bondsman again, to outline the different facts that occurred.
What is the difference between a felony and a misdemeanor?
Felony offenses carry harsher sentences than misdemeanor offenses. In Florida, the lowest-level felony offense is punishable by a period of up to five years in prison, up to five years of probation, and a fine of up to $5,000. Greater felony offenses have steeper minimum penalties.
Misdemeanor offenses are lower-level offenses for which the maximum punishment is typically one year in the county jail and a monetary fine of up to $1,000. To learn more about the charge or charges against you, talk to attorney Brian Gabriel today.