How Bail Works in Florida

Getting arrested is stressful — but you don’t have to guess what to do next. Shamrock Bail Bonds makes the Florida bail bond process simple, fast, and stress-free with 24/7 help in every county.

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What Is Bail?

Bail is a financial arrangement that allows an arrested person to be released from jail while awaiting their court date. It serves as a guarantee that the defendant will appear for all scheduled court proceedings.

When someone is arrested in Florida, a judge sets a bail amount based on several factors including the severity of the charges, the defendant's criminal history, and their ties to the community. This amount can range from a few hundred dollars to hundreds of thousands of dollars.

Key Points:

* Bail is not a punishment—it's a guarantee of court appearance

* The cost is 10% of the face amount of the Bail, with a minimum of $100 charged per statutory charge when a licensed bail bond agency posts the bail bond for the defendant.

* Paying bail at the jail costs the full face amount of the bond. If a bond is set by the judge at $10,000, that full amount would have to be paid at the jail, in cash. Using Shamrock Bail Bonds, your cost would be $1,000 and not $10,000

What Happens After an Arrest

1. Booking

After arrest, the defendant is taken to jail for booking.

This includes fingerprinting, photographing, and recording personal information. This process typically takes 2-4 hours.

2. Bail Setting

In the State of Florida, each county has its own bail schedule for common offenses. A bail bond can be posted after the defendant is booked in, or in more serious cases, a judge sets the bond at a hearing called "first appearance".

3. Bail Payment Options

Once bail is set, you have two options:

- **Cash Bail:** Pay the full amount directly to the court

- **Bail Bond:** Pay 10% to a bail bondsman who posts the full amount

4. Release

After bail is posted, the jail processes the release. This can take anywhere from 2-12 hours depending on the facility.

5. Court Appearances

The defendant must appear at all scheduled court dates. Failure to appear results in bail forfeiture and an arrest warrant.

How Bail Bonds Work

A bail bond is a contract between you, the bail bondsman, and the court. Here's how it works:

In Florida, bail bond premiums are regulated at 10% of the total bail amount. If bail is set at $10,000, you pay the bondsman $1,000. This is just one example though; any charge whose bond is less than $1,000, the fee is still $100. Some defenants may face several chargess whose bonds are set at $500 and $750; in a case where this is true, a bondsman is entitled to and must (by law) collect $100 per charge, totalling $200 in premium, despite the bond amount of $1,250.

In any case, premium is non-refundable—it's the fee for the bondsman's service.

The Cost

1. You contact a bail bondsman (like Shamrock)

2. You provide information about the defendant and the charges

3. You pay the 10% premium and sign the bond agreement

4. The bondsman posts the full bail amount with the court

5. The defendant is released

The Process

When you sign a bail bond, you become the "indemnitor" or co-signer. You're responsible for ensuring the defendant appears at all court dates. If they don't appear, you may be responsible for the full bail amount.

Your Responsibility

For larger bail amounts, collateral may be required. This can include:

- Real estate

- Vehicles

- Jewelry or valuables

- Bank accounts

Collateral is returned once the case is resolved and all obligations are met.

Collateral

Types of Bail in Florida

Cash Bail

Pay the full bail amount in cash directly to the court. The full amount is returned (minus court fees) when the case concludes, regardless of outcome.

Pros: Full refund if defendant appears - minus any court fees

Cons: Requires large amount of cash upfront

Release on Own Recognizance (ROR)

The judge releases the defendant without requiring bail, based on their promise to appear.

Pros: No cost

Cons: Only granted for minor offenses with low flight risk

Surety Bond (Bail Bond)

A bail bondsman posts the full amount on your behalf for a 10% premium.

Pros: Only need 10% upfront, professional guidance

Cons: Premium is non-refundable

Pre-Trial Release

Similar to ROR but may include conditions like check-ins, drug testing, or electronic monitoring at the defendant's expense.

Pros: May appear to be low-cost or free at the start.

Cons: Transportation cost(s) for check-ins, drug testing, & monitoring are at the defendant's expense.

How Bail Amounts are determined

Judges consider several factors when setting bail:

Severity of the Offense

More serious charges typically result in higher bail amounts. Violent crimes and felonies have higher bail than misdemeanors.

Flight Risk

The defendant's history of appearing in court is factored in to the bond amount.

Criminal History

Prior arrests, convictions, and any history of failing to appear in court will increase bail amounts.

Public Safety

The safety of the general public is assessed when considering a bond amount.

Common Bail Amounts in Florida

Offense or Charge	Typical Bail Range