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CRIMINAL DEFENSE

Bail & Bail Bond Hearing

Bond Hearing

Once a person is arrested they are typically entitled to a bond. Usually a bond is set in accordance with a local bond schedule, although bonds can be higher or lower than the amounts stated on the schedule. There are some cases, such as a capital case or when there is a felony punishable by life and the proof is evident and the presumption great, that a bond is not set and the defendant may not be entitled to a bond.

In Florida, a defendant is entitled to appear in front of a judge within 24 hours of his or her arrest. This is called a First Appearance or Initial Appearance. The primary purpose of the First Appearance is for the Judge to determine whether there is enough information in the arrest affidavit as to establish probable cause against the defendant. The Judge at this time will also affirm, lower or raise the bond set at the time of the defendant's booking. Defendant has a right to request a reasonable bond or that his/her bond be lowered at the time of the First Appearance. Many attorneys, for some reason, avoid seeking a bond at First Appearance.

At NeJame Law we appear at many First Appearances seeking a bond or a bond reduction on behalf of our clients. If we are retained early enough, which is typically after the arrest but prior to the First Appearance the next day, we can prepare a Motion to Set Bond or a Motion to Reduce Bond, and the Court is supposed consider a bond at that point. Some judges are reluctant to do so at a First Appearance, as the prosecutor from the State Attorney's Office is often not prepared to argue a bond motion at that time, because of the lack of information they have available to them on such quick notice. We maintain that our client's rights are paramount over a State Attorney's lack of preparedness and that since the law permits bond hearings at this time, we have every right to proceed.

The State Attorney’s Office may file a motion for pretrial detention to hold a person in jail with no bond for certain provided they follow the proper procedure and meet their burden, beyond a reasonable doubt. A judge may also hold someone without a bond if there are no reasonable conditions to assure the safety of the community or the integrity of the judicial system.

In Florida, the legal term Pretrial Release is synonymous with the word bond. Typically a monetary amount for a bond is set by the Judge that must be posted before a person can be released from jail while waiting for trial. Oftentimes Pretrial Release includes additional conditions of a bond that the Court orders. These could include areas such as no contact provisions, limited contact provisions, counseling or therapy, electronic monitoring, no use of alcohol, or a host of other restrictions, which bear a reasonable relationship to the offense.

If a reasonable bond is not set at the time of First Appearance, a defendant has the right to request a Bond Hearing so that a bond may be set or the existing bond lowered. There are also opportunities to have terms of an existing bond changed by having your attorney file a Motion to Modify Conditions of Bond or Pre Trial release. At the hearing, the Judge will determine whether your bond should be lowered or if reasonable conditions can be imposed to permit a defendant to be pretrial released. These are conditions that you must comply with in order for the judge to grant you release from jail.

 

•  Bond should be lowered, or•  Conditions of release should be modified.At a bond hearing a judge will determine whether the:

Scheduling a bond hearing requires that the hearing must be scheduled before the correct judge. The Judge assigned for First Appearance is rarely the same Judge that will be assigned for the entirety of the case. In addition, different Judges have different rules and policies for setting a bond hearing. Some simply allow you to call their Judicial Assistant and schedule a hearing at the first available date. While others require you to file a motion, copy the State and then allow the State a certain number of days to respond. If the State opposes the bond you request, some Judges will allow you to then set the matter for a hearing. On the other hand, other Judges will even make a decision without the benefit of a hearing, but solely based on the written motion. If the motion is denied or ordered in an amount not acceptable, then a defendant’s attorney can call and schedule a hearing for review and reconsideration. It is for these reasons, among others, that an experienced, knowledgeable and appropriately aggressive criminal defense attorney should be brought on to handle your bond needs.

 

•  The nature of the crimes•  The amount of evidence•  Community ties, including:       •  Local Family Members       •  Length of Residence       •  Employment History       •  Financial Resources, and       •  Mental Condition•  Past and Present Criminal History, including:       •  Any Criminal Convictions       •  Past Failures to Appear, and       •  Previous Flight from Prosecution•  The Source of Funds to post Bail•  Whether a Danger to the Community or victim exists, etc.When a Bond Hearing Attorney from our Firm requests a Judge to lower the bond, the Judge will consider the following information, which we will need to be prepared and knowledgeable to address:

Once a bond is set, the defendant can post the full amount of the cash bond with the jail depository or instead, utilize the services of a Bail Bond Company. If a cash bond is posted, the full amount will be returned to the defendant so long as all court dates are met by the defendant. If a Bail Bond Company is used, then the company guarantees the bond to the court and becomes responsible for the defendant's appearances in court. For this, the Bail Bond Company usually charges a 10% fee from the defendant. It is more for federal cases, however not all federal courts allow the use of bail bond companies. However, if the defendant skips or fails to appear in Court, the bail bond company will seek to capture the defendant and have the defendant pay 100% for the loss of the bond which resulted from the defendant's nonappearance in Court.

Allow an experienced and knowledgeable Orlando Bond Hearing attorney from NeJame Law to assist you in your efforts to have your bond, or that of a family member or friend, set, reduced or modified. We provide our highest standard of legal representation for each and every client and are committed to protecting the legal rights and interests of our clients. We handle cases not only in Orlando, but throughout Central Florida as well as the entire State of Florida.

We handle a variety
of cases including:

  • Assault

    When facing assault charges in Florida, there are many things that can affect how you are charged under the law. There are times when the police or prosecution over charge a person and that is why it is imperative to have a skilled assault defense attorney evaluate your case.  MORE

  • Appeals

    Due to today's laws a sexual offense conviction can have a serious and long-lasting impact in anyone's personal and professional life. Some sex crime trials attract the media attention, making the accused publicly known and leaving a social stigma even if he or she is later found not guilty.  MORE

  • Bail & Bail Bond

    Once a person is arrested they are typically entitled to a bond. Usually a bond is set in accordance with a local bond schedule, although bonds can be higher or lower than the amounts stated on the schedule. MORE

  • Battery

    In the State of Florida, the Legislature has significantly increased the penalties and the period of incarceration for certain types of violent crimes as a reaction to the public outcry for protection of victim's rights and the fear of violent crimes among much of the public. MORE

  • Burglary

    Robbery and burglary charges are the types of offenses that prosecutors take most seriously.  These charges can require an offender to serve time in prison depending on the circumstances.  MORE

  • Crimes of Violence

     In the State of Florida, the Legislature has significantly increased the penalties and the period of incarceration for certain types of violent crimes as a reaction to the public outcry for protection of victim's rights and the fear of violent crimes among much of the public.  MORE

  • Domestic Violence

    The general public is now more conscious about domestic violence and the State of Florida along with Florida law, is very serious about arresting and prosecuting individuals accused of domestic violence. MORE

  • Drug Offenses

    Drug offenses are taken very seriously and can be charged and prosecuted under either Federal or State law, or sometimes even both. It is important to know that State and Federal laws are increasingly providing for tough prosecution on drug trafficking, drug possession and other drug related offenses and the criminal penalties can at times be quite harsh. MORE

  • Driving Under the Influence (DUI)

    If you need an Orlando DUI lawyer NeJame Law can help. Driving under the influence of an alcoholic beverage (DUI), or drunk driving, is a serious offense in Florida. The defense of DUI cases may be challenging and should be handled by highly experienced drunk driving defense lawyers. Each Orlando DUI attorney at NeJame Law has the knowledge and experience required to fight your Florida DUI case. MORE

  • Driving While License Suspended
    or Revoked (DWLS)

    At NeJame Law we represent people throughout Orlando, Central Florida and the State of Florida who are charged or arrested for driving while license suspended or revoked (DWLSR) (DWLS). Every criminal defense attorney at our Firm realizes how very important having a valid driver's license is and how serious it can be for a client to lose his or her license.  MORE

  • Fraud

    Fraud in Florida has recently regained a renewed focus and priority for law enforcement. With a challenged economy, more fraud and alleged schemes to defraud are occurring. As such, more State and Federal resources are now being utilized to focus on the investigation, arrest and prosecution of fraud cases in Orlando, Central Florida and the State of Florida. MORE

  • Internet Crimes

    Technology Law is an emerging field of law that is deals with any legal issue that can arise out of the technology we use every single day. Since nearly everything is we do involves technology, Technology Law overlaps with many other areas of law. MORE

  • Manslaughter

    If you or someone you know has been arrested for manslaughter, we suggest that you consult with an experienced and aggressive attorney immediately in order to preserve your rights and to give the attorney as much time as possible to investigate the charges.  MORE

  • Murder

  • Post Conviction Relief

    A motion for Post Conviction relief is usually a person's last resort to overturn a criminal conviction or be released from prison after a direct appeal has not been successful. An Orlando post conviction attorney from our Law Firm can help you in evaluating whether you have grounds for relief after a trial or after all appeals have been MORE

  • RICO

    The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act) can be prosecuted in either State or Federal Court. Both jurisdictions provide for extended criminal penalties. There is also a civil cause of action that can be brought under RICO for acts performed as part of an ongoing criminal organization. MORE

  • Robbery

    Robbery and burglary charges are the types of offenses that prosecutors take most seriously.  These charges can require an offender to serve time in prison depending on the circumstances.  MORE

  • Stalking

    Under Florida law, stalking is communicating or physically following someone for no legitimate reason, in a way that causes emotional distress. Stalking includes harassment in person, over the Internet, over the telephone or anywhere else where a person can be reached. MORE

  • Sex Crimes

    Due to today's laws a sexual offense conviction can have a serious and long-lasting impact in anyone's personal and professional life. Some sex crime trials attract the media attention, making the accused publicly known and leaving a social stigma even if he or she is later found not guilty.  MORE

  • Theft

    Commonly referred to as shoplifting, these types of theft cases may present a variety of defenses for the criminal defense lawyer to evaluate and consider.  MORE

  • Violation of Probation (VOP)

    If you or someone you know have been charged with drug trafficking, drug possession, drug distribution or any other drug-related crime you need to contact an experienced Florida drug defense attorney as soon as possible. The defense team of NeJame Law in Orlando, Central Florida, has the knowledge, skills & experience you need to represent and defend you in court for any drug related offense. MORE

  • Weapons Offenses

     Firearms and weapons charges are among the offenses that the Florida Legislature takes most seriously and their punishment is extremely severe. A defendant may be subject to mandatory minimum prison sentence pursuant to the notorious 10/20/Life. MORE

  • White Collar Crimes

    The term white collar crime was initially defined "...as a crime committed by a person of respectability and high social status in the course of his occupation.". Today, this term is generally used to refer to non-violent crimes usually committed for financial gain. White collar crimes are typically considered to be committed by "white collar workers" such as government employees, MORE

 

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189 South Orange Avenue

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Orlando, Florida 32801

Office 407 245 1232

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