If a family member or friend has been arrested, that person may have to remain in custody until bail is posted. This is required to help ensure that a person shows up for hearings on the case and sometimes to protect the public. If the person appears in court as required, the bail money is returned. If not, they face an arrest warrant.
Depending on the crime and a person’s criminal history, they may be released on their own recognizance. They sign a document stating that they will appear in court on a particular date. If the person fails to appear, an arrest warrant may be issued.
In cases where a serious crime is alleged, a person may be denied bail and have to remain in jail. This can happen if the person is considered a danger to the community and/or a flight risk.
If a court holds a bail hearing to determine whether a person should be released pending payment of bail, the following factors are among those considered:
— The alleged crime– Criminal history, including failure to appear previous court proceedings– Length of time in the community– Family and employment ties– Financial resources– Mental and physical condition
At Michael A. Gottlieb, P.A., we can represent our clients from the very beginning of their journey through the legal system. That includes bail hearings. We work to help get our clients released on their own recognizance or at least get their bail amount reduced. We can also work to get any restrictions on release changed or eliminated.
If you don’t have the money required for your bail, a bail bond agent can help. For a fee, generally 10 to 20 percent of the bail amount, the agent agrees to pay the court if you don’t appear for your scheduled hearing.
Many people think that “bail” and “bond” are the same thing. They’re not. Bail is the amount of money required for release from jail. Bond is the money put up by a bail bond company to secure a person’s release if that person can’t afford to pay the bail amount.
If you or a loved one have been arrested, we can provide skilled legal representation through every phase of the legal process. Call us or email us to find out how our Fort Lauderdale attorneys can help you.