Basic Jail Release Conditions in Florida
Reasonable bail conditions are guaranteed by an obscure provision in the Eighth Amendment. But the provision is very unclear. “Reasonable” is a lawyer word that means different things to different people in different contexts at different times. Some common “reasonable” conditions of bail are outlined below.
In many cases, a Tampa criminal defense lawyer plays a limited role during the jail release process. That being said, attorney bonds are sometimes available. A lawyer serves as both legal advocate and bail bondsman. A Tampa criminal defense lawyer always plays an important role in ancillary bail proceedings, mostly bail reduction and bail revocation matters.
Bail Factors
In Florida, bail conditions (also called bond conditions) are designed to ensure the defendant’s appearance at future court proceedings, and protect public safety while the criminal case goes through the system.
Florida Statute Section 903.046 states that, when deciding bail and conditions, a judge must consider the following factors:
- Nature and severity of the offense,
- Defendant’s criminal history,
- Strength of the evidence,
- Family ties, employment, residence, mental health, and finances,
- Prior flight risk or failures to appear,
- Any danger to the community if released,
- Source of bail money, especially if suspected to come from criminal activity, and
- Street value of drugs involved (if drug-related charge).
Note that “the judge” considers these factors. Judges usually don’t set bail in Florida criminal cases. Generally, county sheriffs set presumptive bail amounts, usually based on the severity of the offense and the defendant’s criminal record. A judge considers the additional factors at any bail notification hearing, as mentioned above.
Common Conditions of Release
The court attendance requirement is the most important condition of bail. Missing hearings can result in re-arrest. Some courts require defendants to appear at all hearings, including procedural ones. Other courts only require attendance at adversarial hearings and trials.
No new criminal behavior is a very close second. Even a minor infraction in another county could trigger bail revocation. In these cases, the judge issues a bench warrant, which is a combination of an arrest warrant and a court order.
Unfortunately, we’re just getting started. Other common conditions of bail in Hillsborough County include:
- Travel restrictions, typically remaining in the county unless the court grants special permission,
- No-contact orders that restrict or forbid contact with victims, witnesses, or co-defendants,
- Substance restrictions, especially if alcohol or drugs played a role in the alleged offense,
- Electronic or GPS monitoring,
- Working and/or attending school full time,
- Reporting regularly to law enforcement or pretrial services,
- No firearm possession,
- Restrictions on alcohol or drug use, and
- Substance abuse or mental health treatment.
Judges rarely modify bail conditions. Early termination of bail, and these restrictive conditions, is one benefit of a plea bargain.
Overworked prosecutors often agree to favorable settlement agreements to clear cases off their dockets. But a Tampa criminal defense lawyer cannot get the cart before the horse and negotiate before preparing a defense. Uncertain prosecutors who think the defendant may have a defense are even more willing to wheel and deal.
Reach Out to a Thorough Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a free consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
