No one wants to be arrested and detained. Thinking about when you will be released and what’s going to happen when you’re brought before a judge is a complete headache. However, there were 465,817 reported crimes in Florida in 2021, meaning arrests happen more often than you might think. If you are ever caught on the wrong side of the law, being informed about the process and knowing what to expect can help you keep a cool head and minimize the impact of the arrest on your life. For most people, posting a bond is the first step to fighting for your freedom. Posting a bond allows individuals to secure their release from jail as they await their court proceedings; however, it's essential to understand what happens to the bond you posted in Florida. Depending on whether it was a cash bond, or if you enlisted the services of a bondsperson, the fate of your bond and financial obligations will change.
If you posted a cash bond, it means you paid the full bond amount to the court, or jail, as a guarantee for your appearance at future court dates. If you fulfill your legal obligations and attend all court hearings as required, the cash bond will be refunded to the person who posted it, with one significant requirement. The important thing to remember is that the court will deduct any applicable court costs from the total bond amount before issuing a refund. Court costs can include administrative fees, processing fees, and other related expenses. Once these costs are deducted, the remaining balance of the cash bond will be refunded. For example, if you posted a $5,000 cash bond, and the court assessed $500 in court costs, you would receive a refund of $4,500 if all your other court obligations were met.
In some cases, individuals may not have the full cash amount required for their bond, so they choose to employ the services of a bondsperson. A bondsperson acts as a surety, providing the court with a guarantee that you will appear at your court dates. The bondsperson typically charges a fee for their services, which is a percentage of the total bond amount. In Florida, the law strictly regulates the fees that a bondsperson can charge.
Florida law limits the fee a bondsperson can charge to a maximum of 10% of the total bond amount. This 10% fee is non-refundable, regardless of the outcome of your legal proceedings. So, if you used a bondsperson to post a $5,000 bond, you would pay a non-refundable fee of $500 for their services.
Understanding what happens to the bond you posted to be released from jail in Florida is crucial for individuals navigating the legal system. If you posted a cash bond, you may be eligible for a refund (minus any court costs that were deducted from the total). On the other hand, if you used a bondsman's services, you will not receive any portion of the bond back, but the bondsperson fee is capped at 10% of the total bond amount by Florida law.
It's important to remember that compliance with your court obligations is the key to receiving any potential bond refund. Always consult with an experienced criminal defense attorney if you have questions or concerns about the specifics of your bond and the legal process. Being well-informed about the bond process can help alleviate some of the stresses associated with legal proceedings and release from jail.
