Arrested? Bond? Now What?

By May 15, 2018Criminal Resources

ARRESTED? BOND? NOW WHAT?

Post bond and call an attorney.

How do I post bond?

Bond can be posted in 2 ways at the jail:

  1. Full bond amount is paid.  When the case is complete the clerk of the court mails the full amount back to the payer.
  2. A portion – typically 10% – is paid to a bondsman who acts as a co-signer.  If the defendant fails to appear in court, the bond can be forfeited making the entire amount is due.  The payer does not get the portion back when the case is complete because it is the bondsman’s fee for co-signing.

How do bondsmen work?

Bondsmen can be found through an easy google search.  Typically, they meet the person posting the bond and have paperwork that needs to be completed before they go to the jail to post the bail.  If you think you or a loved-one are about to be arrested, call a bondsman to check their requirements and procedure so you are ready.

How much will bond be?

Brevard County has a bond schedule (list) that typically determines bond amount set at first appearance:

http://brevardclerk.us/_cache/files/e/f/ef5602c5-da2c-44ed-bef7-ba75971b2ab2/2C75FD9CA6B832420A6977DB2D04523D.16-02-b-amended.pdf

Can the bond be reduced?

Yes.  You, or your attorney, can argue for a bond reduction at first appearance.  After first appearance, an attorney can file a motion asking for a bond reduction.  The motion is heard in front of the trial judge and, depending on her schedule, may take 2-3 weeks before it is heard.

What kind of things will the judge consider at a bond reduction motion?

The judge considers the arrest report (923), alleged victim input and argument by the prosecutor.  Alleged victims have the right to be heard at the bond hearing, but your attorney has the right to cross-examine them.

The defense attorney can also present witnesses and/ or argument.  Good witnesses include supportive family members and employers.  Give your attorney the following information so she can bring it to the judge’s attention:

  1. Residence & ties to community
  2. Family ties
  3. Employment
  4. Character
  5. Mental Condition
  6. Prior convictions
  7. Past appearance at court proceedings
  8. Mitigating circumstances

I posted bond, now what?

  1. Call your attorney.
  2. Know your court date.
  3. If needed, update your address with the clerk of the court so you do not miss any court notifications.
  4. Do not violate conditions of bond or any no-contact orders.

Do not get arrested again.

 

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