Getting Released from Jail: What are my options?

Once your bond has been set, assuming it is for a bondable offense, you now have a few options…

First Option: Post a Cash Bond

A Defendant can post a cash bond at the jail.

Some booking facilities allow for ATM withdraw to post cash bonds at the jail.

Other facilities allow family members or friends post a bond through the cash bond unit.

This option may or may not speed up the release process.

Once a cash bond has been posted through the jail, the defendant will go through the release process.

It is important to save your cash bond receipt!

Once a Defendant has completed his/her court case, this cash bond money is refundable.

If a Defendant is found guilty, or sentenced in any way by the courts, a portion of this money is put towards court cost, attorney fees, prosecution fees, etc..

If a Defendants case is dismissed or he/she is found not guilty, This money is refundable in full. You will need the original receipt to request refund of your bond from the cash bond unit.

Second Option: Post a Bail Bond

Most people can not afford to post a cash bond, especially if the bond is set at a high amount. This is where a bondsman comes in handy.

Bondsman are governed by Florida State Law and required to charge a 10% fee. Legally, they can not charge any more or any less.

For example, If a Defendant is arrested and issued a $5000 bond, The bondsman fee is $500.

But that’s not all…

Collateral must be put up to guarantee the Defendants $5000 bond.

If a Defendant does not show up to his/her court case, that $5000 will become due and must be paid to the clerk of courts.

This is why bondsman hold collateral.

Collateral is anything in value of the amount of the bond. Cash, guns, jewelry, signature of a home owner, etc…

Almost anything of value can be combined to make up the collateral needed to post a bond.

Whatever you put up for collateral with a bondsman you get back!

Collateral is only to guarantee a Defendants appearance before the Judge. Collateral is held for the duration of the case.

Once a case is closed, The bondsman has 10 days to return collateral to the Depositor.

What does a bondsman need to post bail?

Should you trust your bondsman?

What are Florida Laws Rules of Procedure after arrest?

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 907
PROCEDURE AFTER ARREST

907.04 Disposition of defendant upon arrest.—
(1) Except as provided in subsection (2), if a person who is arrested does not have a right to bail for the offense charged, he or she shall be delivered immediately into the custody of the sheriff of the county in which the indictment, information, or affidavit is filed. If the person who is arrested has a right to bail, he or she shall be released after giving bond on the amount specified in the warrant.
(2) If the person who is arrested is, at the time of arrest, in the custody of the Department of Corrections under sentence of imprisonment, unless otherwise ordered by the court, such person shall remain in the department’s custody pending disposition of the charge or until the person’s underlying sentence of imprisonment expires, whichever occurs earlier. If the arrested state prisoner’s presence is required in court for any reason, the provisions of s. 944.17(8) shall apply.
source

Have question or comments about what your options are? Join the discussion below.