Bond and Bail in Florida: How Pretrial Release Generally Works
When a friend or family member is arrested, the first questions about bond and bail in Florida usually come fast: How much will bond be? Can they get out tonight? Do we need a bondsman? Will we get the money back? It’s a stressful time, and the bond process can feel confusing. The good news is that it generally follows a set of rules, and knowing them can help you make calm, smart decisions in the first hours and days.
This post explains how bond and pretrial release generally work under Florida law, at the time of this writing. Every case is different and the laws in this area changed recently, so for answers about a specific situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, the right to pretrial release generally comes from Article I, Section 14 of the Florida Constitution (Pretrial release and detention). Bail is generally governed by Chapter 903, Florida Statutes (Bail), and Section 907.041, Florida Statutes (Pretrial detention and release), with court procedures in Rule 3.131 (Pretrial Release), Florida Rules of Criminal Procedure. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
Can Someone Bond Out Before First Appearance?
Sometimes. Under a recent change in Florida law, the Florida Supreme Court adopts a uniform statewide bond schedule each year. That schedule is used by the jail or law enforcement when a person is allowed to post bond before seeing a judge. Each judicial circuit may add conditions or raise amounts, but generally may not go lower without the Supreme Court’s approval.
The same law lists many situations where a person generally cannot be released before first appearance, including many serious felonies, domestic violence offenses, and cases where the person was already on release, probation, or community control. In those cases, the person waits for a judge at first appearance, which generally happens within 24 hours of arrest. Our posts on first appearance in Hillsborough County and Pinellas County explain that hearing.
If the person qualifies for a scheduled bond, it can often be posted at the jail. If not, the first appearance hearing is where bond is decided.
How Much Will Bond Be?
There is no single answer. The bond schedule only sets amounts for release before first appearance, and it does not bind the judge. At first appearance, the judge must make an individualized decision. Each charge generally carries its own separate bond, so a person arrested on several charges may have several bond amounts that add up.
The judge can set a higher amount, a lower amount, release the person on their own recognizance (ROR) with no money at all, add nonmonetary conditions, or in certain cases hold the person without bond while the State seeks pretrial detention.
What the Judge Looks At
Generally under Florida law, the purpose of bail is to make sure the person comes back to court and to protect the community. In general, the judge considers things like:
- the nature of the charge and the evidence
- ties to the community, such as family, work, and how long the person has lived here
- prior record and any history of missing court
- whether the person was already on release, probation or community control
- any danger release may pose to the community
This is where having an attorney matters. If Attorney Ron Frey is retained, he can appear at first appearance and speak on the person’s behalf about release and conditions, presenting the person’s ties to the community, work, family responsibilities, and anything else that helps the court see the whole person. At first appearance, the person typically appears by video from the jail, while the attorney is in the courtroom with the judge and the prosecutor.
Cash Bond vs. Surety Bond (Bondsman)
Once a monetary bond is set, there are generally two ways to post it:
- Cash bond: The full amount is paid to the jail or clerk. Florida law does not allow a different amount for cash than for a surety bond.
- Surety bond through a bail bondsman: A licensed bail bond agent posts the full bond and charges a nonrefundable premium, which in Florida is often around 10% of the bond amount, generally with a minimum. The bondsman may also require collateral or a co-signer, called an indemnitor, who promises to cover the bond if the person doesn’t show up.
Which option makes sense depends on the amount, the family’s finances, and how long the case may last.
ROR and Pretrial Release Programs
Not every release requires money. A judge may release a person on their own recognizance, meaning a written promise to appear. Judges may also order supervised release through a county pretrial services program, where the person reports regularly and follows conditions. For certain serious charges, release without money may generally not be available at first appearance.
Common Conditions of Release
Every person released before trial must, at minimum, stay out of trouble and follow every condition the court sets. Depending on the case, conditions may include:
- No contact with the alleged victim or named people. “No contact” is generally read broadly, covering calls, texts, social media, messages through friends, and staying away from the person’s home and workplace, even if the home is shared.
- GPS or other electronic monitoring
- alcohol monitoring, drug testing, or no alcohol
- curfew or travel limits
- surrendering firearms
- regular reporting to pretrial services
- keeping a job or going to school
Read conditions carefully and follow them exactly. If a condition is unclear, ask an attorney before acting on a guess.
What Happens If a Condition Is Violated?
Generally under Florida law, the court can revoke release and order the person held if it finds probable cause that the person committed a new crime while out, or violated any other condition in a material way. A new arrest while on pretrial release also generally means no release before first appearance on the new charge. Some violations, such as violating a no-contact condition in certain cases, can also be charged as a separate crime. Our domestic violence page explains how no-contact conditions generally work in domestic battery cases.
Can Bond Be Lowered or Changed?
Often, yes. Florida’s rules generally allow the defense to file a motion to modify bond, and the court can hold a bond hearing to reconsider the amount or the conditions. A judge may reconsider a monetary bond if the person is unable to post it. Conditions such as no contact, GPS or curfew can also sometimes be modified when there is a good reason, such as children, work or housing. Every case is different, and a prepared motion that gives the judge real information generally works better than a simple request.
No-Bond Holds and Arthur Hearings
For charges punishable by life in prison or a capital offense, the Florida Constitution allows a person to be held without bond if the proof of guilt is evident or the presumption is great. When this issue comes up, the defense may request what is often called an “Arthur hearing,” named after a Florida Supreme Court case. In general, the State carries the burden at that hearing. Separately, in certain other cases the State can ask the court to hold a person without bond through a motion for pretrial detention. These hearings are fact-heavy, and preparation matters.
Getting Bond Money Back
- Cash bond: When the case ends and the person has made all court dates, the bond is generally discharged and the money is returned to the person who posted it. But generally under Florida law, the clerk holds back unpaid fines, court costs, fees and certain costs from a cash bond posted by anyone other than a bondsman. That surprises many families.
- Surety bond: The bondsman’s premium is generally not refundable. Collateral is generally returned once the bond is discharged.
- Missing court can cause a bond to be forfeited, so make sure the clerk has a current address.
Frequently Asked Questions
Can my family member bond out tonight?
It depends on the charge and the person’s history. Many offenses now require the person to wait for first appearance before any release. If the charge qualifies for a scheduled bond, it can often be posted at the jail.
How much is bond going to be?
Before first appearance, the jail uses the bond schedule. At first appearance, the judge decides based on the factors in Florida law, and the amount can be higher or lower than the schedule, or the person may be released with no money at all.
Do we have to use a bondsman?
No. You can post a cash bond for the full amount, or use a licensed bondsman, who generally charges a nonrefundable premium of around 10%.
Can a lawyer help at first appearance?
Yes. If Attorney Ron Frey is retained, he can appear at first appearance and speak on the person’s behalf about release and conditions.
What if the bond is too high?
An attorney can file a motion to modify bond and request a bond hearing. The court can reconsider the amount and conditions.
Can the no-contact order be changed so they can come home?
Only the court can change it. The alleged victim’s wishes don’t change it on their own. An attorney can ask the court to modify the condition when there’s a good reason.
Will we get our money back?
A cash bond is generally returned when the case ends, minus unpaid fines, costs and fees. A bondsman’s premium is generally not returned.
Call Attorney Ron Frey
If a friend or family member was just arrested, early help can make a real difference in how the bond and release process goes. Attorney Ron Frey has over 20 years of experience defending people in Florida state court and federal court, in Tampa, Hillsborough County, Pinellas County, and throughout Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about bond in Hillsborough County and Pinellas County, what to do if a family member was arrested, and questions to ask a criminal defense lawyer. For federal cases, see federal pretrial detention and release.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.