A bond hearing or a bail hearing is an important procedure in any criminal case. When anyone is arrested, the law requires that they be presented before a judge or magistrate who will determine whether the person should be released from custody. In most cases, the defendant is released with little more than a brief recitation of the charges and a review of the police report. But in other cases, a bond hearing may result in a defendant’s continued detention in custody for months.
At Stechschulte Nell, Attorneys at Law, we believe that every client should know the process through which their criminal case travels, and a bond hearing is one step they need to understand. We examine the facts and circumstances of every client’s case to ensure we present the most compelling evidence and the most persuasive arguments to obtain our clients’ liberty under the least restrictive conditions.
What Is a Bond Hearing?
A bond hearing is a legal proceeding during which the prosecution and the defense each attempt to convince the judge or magistrate whether to hold or release the defendant. In Florida, the judge must base their decision on a set of important factors that relate to the defendant’s alleged crime and their criminal history, personal character, and connections to the community.
The purpose of a pretrial release bond is not to punish the person accused before the facts are heard at trial. A release bond is only to guarantee the following interests are achieved:
- The defendant appears in court when required; they will not flee.
- The defendant keeps the peace and commits no crimes in the interim period,
- The public is not endangered by the defendant’s release.
- The defendant will not threaten or interfere with witnesses
If the case facts are such that the judge decides a low bond or even the defendant’s mere promise to appear and keep the peace is sufficient to secure the above interests, then a nominal bond will be set, and the defendant will be released.
However, in cases involving serious crimes or defendants with few if any connections to the community, the chances of the accused person fleeing the jurisdiction or presenting a danger to the community will cause the judge to set higher bond and impose restrictions on the defendant’s movements. If a defendant is charged with extremely serious crimes, the judge may deny bond and order the accused held in custody.
What Factors Determine the Amount and Conditions of a Bond?
Under Florida law, F.S. 903.046, a judge is required to consider the following factors when deciding whether to grant a bond in a criminal case and whether restrictive conditions are appropriate to ensure the bond is sufficient.
- The nature and circumstance of the alleged crime
- The weight and quality of evidence against the defendant
- The defendant’s ties to the community, their length of residence, employment history, financial resources and mental condition,
- The defendant’s past and present conduct, including their criminal history, and previous failures to appear,
- Whether the defendant’s release poses genuine danger to the community,
- The source of funds used to post bail,
- Whether the defendant is already on release in another criminal proceeding,
- Whether the defendant is likely to intimidate or endanger victims or witnesses,
- Whether there is probable cause to believe the defendant committed a new crime while on pretrial release,
- Any other facts the court considers relevant.
The U.S. Constitution and the Constitution of the State of Florida provide that criminal defendants are entitled to reasonable bail except in cases of capital crimes. The law also permits violators of bail conditions to be held.
But “reasonable” bail is determined on a case-by-case basis and is ultimately up to the discretion and good judgment of the hearing judge.
Your Criminal Defense Lawyer’s Value at a Bond Hearing
In a case involving any serious offense, a bond hearing prosecutor will attempt to impress the judge with the heinous nature of the alleged offense, emphasizing any facts that could persuade the court to set a high bond, perhaps one so high that the defendant could not obtain the funds or property to secure the bond.
Faced with the pressure from the prosecutor to resist releasing the defendant on a low bond, the judge must rely on the defense lawyer for evidence that will justify a more affordable bond amount with less restrictive conditions.
Skilled criminal defense lawyers prepare for every client’s bond hearing by obtaining as much detail as possible about the facts alleged. But just as importantly, the defense lawyer will gather facts about the defendant’s life, their family ties, their educational history, employment, property, social connections, involvement in community affairs, and the support they enjoy among family members and friends.
With each layer of positive personal details, a defense lawyer presents about an accused, the judge gains a more solid foundation on which to base a low bond decision.
Bail is not intended to be used to keep a person detained; it is to ensure their peaceful behavior and attendance in court when required.
The bond hearing is the most important proceeding affecting the defendant’s life except for their ultimate trial. A successful defense presentation in a bond hearing will mean the defendant can return to their family, continue to earn income, and work closely with their defense lawyers to prepare for trial.
A denial of bond or a prohibitively high bond means a defendant is isolated from their loved ones, denied an opportunity to earn a living, and is less free to cooperate in the preparation of their defense.
Obtaining the best prepared and experienced defense counsel for your bail hearing is essential.
Read More > How Bail Bonds Work
Contact Stechschulte Nell Law
Navigating the legal system can be a daunting and overwhelming experience, especially when it comes to bond hearings. However, with our experienced and dedicated team at Stechschulte Nell Law by your side, you can feel confident in your representation. Our commitment to providing personalized and strategic legal guidance ensures that your rights are protected throughout the process.
Contact Stechschulte Nell Law today at 813-280-1244 and take the first step toward securing the best possible result for your case.
