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Advantages & DIsadvantages of Using a Bail Bond
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Florida laws regarding bail & bail bonds are set forth in Florida Statutes Chapter 903. A criminal defendant is entitled to bail in most types of criminal cases according to the laws in the State of Florida. Bail in a criminal matter fixes a monetary amount that a defendant must pay to the Sheriff to get out of jail pending resolution of the case and terms that the defendant must abide by while not in jail in order to continue to remain out on bail. A defendant's bail can be revoked if he violates the conditions of release. The purpose for setting a bail amount is to ensure that the defendant will appear at future criminal proceedings. In addition, the terms of a criminal defendant's bail are established to protect the community from unreasonable danger. Once the proceedings are resolved, the money used to post the bail is either returned or used to pay the defendant's costs & fines.
When an individual doesn't have the money to pay the bail, he may employ the services of what is called a bail bondsman who, will usually, post a surety bond. A criminal surety bond is, in essence, an insurance policy specifically permitted by Florida law. The bondsman is simply an agent for the insurance company who writes the policy which is the surety bond. The sum of money which is paid to the bondsman is known as the insurance premium. Once the surety bond is presented to the bail unit at the Sheriff's office, the bail bondsman is then liable in the event that the defendant does not appear at future hearings. Due to the extremely large amounts of money in some bonds, the insurance company pays the bond in the event that the defendant does not appear for his court dates.
If you can post the entire amount of the bail without using a bondsman, you will either have the bail money returned to you when the proceedings are resolved or it will be used to pay any court costs & fines. An advantage to using the services of a bondsman to post a surety bond is that you do not need to have all of the money. A typical criminal bond premium is 10%, but it may be more than 10% under certain circumstances. Usually, the benefit is that it allows an individual to post a higher bond than they typically have. Hypothetically, if the amount of the bail is set at $100,000, a defendant can be released from jail for $10,000. The downside to utilizing the services of a bail bondsman to post a criminal surety bond is that the money will not be returned when the court case is concluded. The premium paid to the bail bondsman is the bondsman's to keep.
For additional information regarding criminal attorney, dui attorneys and criminal attorneys you can contact us at: The Law Offices of Rosenberg and Dye 201 S Biscayne Blvd Miami, FL 33131 (305)459-3286
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