When an individual is arrested for a crime in
the State of Florida, most often that person
will be taken to a local law enforcement station
for booking, prior to confinement. Once the Defendant
has been arrested and booked, they have several
options provided to them for release - provided
the outcome of the case supports their release
- They are:
Cash Bond:In
this instance, an individual must
post with the court, the total amount
of the bail in cash. This strongly
incentives the defendant to appear
in court as scheduled as non-appearance
results in the forfeiture of the
cash bond.
Surity Bond: This
process requires a contractual undertaking
guaranteed by an insurance company
which has the assets to fully satisfy
the amount of the bail bond. The
insurance company contracts with
the Bail Agent, and the Bail Agent
then assures that he will re-pay
the bond if the defendant fails to
appear on his schedule court date.
Because the Bail Agent has promised
his own money, he has a vested interest
in ensuring that the defendant will
in fact appear in court as scheduled.
Bail Agents invests the necessary
time and funds required to locate
and return an individual who has
not honored their commitment to appear
in court. It is widely held that
Bail Agents have highly effective
and efficient methods of ensuring
a defendant is in court as scheduled.
Property Bond: Individual
may secure release from custody by
posting a property bond with the
court. In this instance, the court
records a lien on property, in the
amount of the bail. If the defendant
subsequently does not appear in court
on the scheduled date, the court
may initiate the foreclosure process
in order to procure the forfeited
bail amount.
Own Recognizance (O.R): Based
on a telephone interview with defendant,
the staff member of a pre-trial release
program will attempt to determine
if individuals in custody will in
fact appear in court on their scheduled
appearance date even without the
strong motivator of financial forfeiture
as incentive.
Citation Releae: A
Citation Release, or "Cite-Out" as
it is commonly known, is issued to
the defendant by the arresting officer
typically right after the individual
is arrested. Since the defendant
may not actually placed in custody,
the court depends solely on the integrity
of arrestee that they will voluntarily
appear in court on the scheduled
date.
Immigration Bond An
immigration bond issued for delivery
of an alien guarantees that the
individual will appear for all
I.N.S. hearings on time and depart
the United States at a specified
date.
An immigration bond conditioned for maintenance
of an alien, guarantees that the person will
be financially independent during their visit
to the United States.
Notice
of Forfeiture [FS 903.26]
A. Conditions of a forfeiture
-
breach of the conditions of the bond
and/or failure of defendant to appear
[FS 903.26(2)(b)],
-
clerk of the court must mail a notice
of forfeiture to surety agent and
surety company within 5 days [FS
903.26(2)(a)].
Forfeiture to Judgement.
-
forfeitures must be paid within 60
days of date of notice [FS 903.26(2)(a)],
-
if forfeiture is not paid within
60 days, the clerk of the court shall
within 10 days furnish the DOI and
the surety with a certification of
the judgement docket [FS 903.27(1)],
-
if judgement is not paid within 35
days, the clerk informs the DOI and
sheriff of jurisdiction a statement
that the judgement is unsatisfied
[FS 903.27(1)],
-
no sheriff can approve surety bail
bonds from subject agent or company
until such a judgement has been paid
[FS 903.27(3)],
-
the surety/agent has 35 days to file
a motion to set aside a judgment
or stay [FS 903.27(5)],
Bail
Agents Arrest Authority
[FS
903.20]. A surety may arrest a principal
for surrender to official custody before
a forfeiture [FS 903.22] or within 2
years of the forfeiture date [FS 903.29].
Weapon Charges - Ecstacy - Aggravated battery
- Traffic Drugs Offenses - Possession Charges
- Grand Theft - Credit Card Fraud - Domestic
- State & Federal Bonds
We also do : Bodyguards
- Immigration Bonds - Private
Investigations
24
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