Under Title XLVII Chapter 903.046 of the Florida Statues, the purpose of determining bail during a criminal proceeding is to ensure that the defendant will appear at all of their hearings, and to protect the community from any danger the defendant may impose. When the court is determining whether to release a defendant out on bail, the court will consider the following circumstances:
- The nature of the criminal offense; for example, murder or manslaughter would be more serious than a drug sales charge.
- The amount of evidence against the defendant.
- The defendant’s ties to the community, amount of time they have lived in the community, their family ties in the community, their employment history, their financial resources, and their current mental state.
- The defendant’s criminal history (if any), including any criminal convictions or any history of attempting to flee in order to avoid prosecution, as well as any failures to appear at former court proceedings.
- The nature of the charge, as well as the defendant’s ability to pose a threat to society. For example, a child molestation charge or a violent felony charge could deem the person a threat to society.
- The defendant’s financial resources available to post bail or to obtain a bail bond, particularly if such funds may be derived from criminal activity.
- The probability that releasing the defendant would pose a threat to any victims.
If bail is set and the defendant is released out on bail, under Chapter 903.047, as a condition of the defendant’s release, they must refrain from all forms of criminal activity. They must also refrain from having any kind of contact with the victim, with the exception of pretrial discovery, and they must comply with all conditions of their pretrial release.
If you have any questions about Florida laws and procedures as they pertain to bail bonds, please contact a Sarasota and Bradenton bail bond agent at Bad Boy Bail Bonds, we are here to assist you in every way possible!