In Florida, bail bonds serve as a financial guarantee ensuring that a defendant will appear in court for their scheduled hearings.

Here’s an overview of how they function…

Arrest and Bail Determination

• After an arrest, the defendant is taken into custody and awaits a bail hearing. During this hearing, a judge sets the bail amount based on factors such as the severity of the offense, the defendant’s criminal history, and their perceived flight risk.

Posting Bail

• Cash Bond – The defendant or a representative can pay the full bail amount directly to the court. This amount is refundable at the conclusion of the case, provided all court appearances are met.
• Surety Bond – If the full bail amount is unaffordable, a bail bondsman can be engaged. The defendant typically pays a non-refundable fee—usually around 10% of the total bail—to the bondsman, who then posts the full bail amount on the defendant’s behalf.

Responsibilities and Conditions

• The defendant must adhere to all court-imposed conditions and attend all scheduled court dates. Failure to do so can result in bond forfeiture and potential re-arrest.

Role of the Bail Bondsman

• The bondsman assumes responsibility for the defendant’s appearance in court. If the defendant fails to appear, the bondsman may be required to pay the full bail amount to the court and may employ a licensed agent to locate and return the defendant to custody.

It’s important to know that the 10% fee paid to the bail bondsman is non-refundable, even if the charges are dismissed or the defendant is acquitted.