Regardless of the alleged crime, when a person is arrested in Florida, the first thing a loved one will think about is whether bail is a possibility. Bail is not guaranteed, but it is possible with most criminal charges. Knowing the law for the criteria for bail is important when deciding on the next step.
What should I know about bail?
When a defendant is granted bail, they are expected to appear when ordered to as the case progresses. The worse the crime, the higher the bail is likely to be. The court is not obligated to grant bail. It will look at myriad factors before allowing a person accused of a crime to be released on bail.
The crime itself and the evidence against the defendant are key considerations. If it is a particularly serious crime and there is substantial evidence, bail could be extremely high or not given at all. Despite that, the court will look at the defendant, their family and their standing in the community when making its decision. Those with established ties are viewed more favorably.
Past and present behavior – especially prior convictions – will be analyzed as to whether to grant bail. If the defendant has previously failed to appear after being bailed out, it can be harder to get bail in the new case. If the person is a danger to the community, they might not be released. The source of the funds that are used to secure bail are important. If the property was amassed from criminal activity, it could hinder the attempt to get the person freed.
A common fear when considering bail is whether the person will use their freedom to try and intimidate witnesses and compel them not to cooperate with the criminal investigation. The court can generally consider every potential aspect of a case before letting the defendant be bailed out.
Bail can be complicated and help is imperative
One of the most stressful parts of an arrest is wondering when a person can be released pending trial. The individual facing charges and their family need to be fully aware of how to secure bail and what might prevent it.
Although some charges can be difficult to secure bail, it might be possible to find an effective solution. Even with high-profile drug cases, violence and other serious charges, people can be bailed out. This is a critical part of criminal law and being freed before the case can be useful when preparing a defense.