In Florida, any person charged with a crime is entitled to pre-trial release on reasonable conditions, unless that person is charged with a capital offense and the proof of guilt is evident or the presumption of guilt is great. There are other situations, such as a probation violation or a revoked bond, where a person could be held without bond.. However, generally speaking, the bond amount—an amount of money the defendant can pay to get out of jail—is set by a judge at the outset of the case. The procedure for setting or reducing a bond amount and conditions is governed by Florida Rule of Criminal Procedure 3.131. The circumstances upon which a judge will consider when setting a bond are codified under Florida Statute 903.046. There are many cases where the full circumstances are not presented or considered by the judge until a bond hearing. Also, new circumstances, such as a change in the strength of evidence against the defendant, might arise during the case.

Florida Rule of Criminal Procedure 3.131(b) states in part:

Hearing at First Appearance - Conditions of Release.

(1) Unless the state has filed a motion for pretrial detention pursuant to rule 3.132, the court shall conduct a hearing to determine pretrial release. For the purpose of this rule, bail is defined as any of the forms of release stated below. Except as otherwise provided by this rule, there is a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release. . .

(2) The judge shall at the defendant's first appearance consider all available relevant factors to determine what form of release is necessary to assure the defendant's appearance. If a monetary bail is required, the judge shall determine the amount. Any judge setting or granting monetary bond shall set a separate and specific bail amount for each charge or offense. When bail is posted each charge or offense requires a separate bond.

Under Florida Statute 903.046 a judge shall consider the following factors when determining bail:

(a) Nature and circumstances of the offense charged.

(b) Weight of the evidence against the defendant.

(c) Defendant’s:

• Family ties

• Length of residence in the community

• Employment history

• Financial resources

• Mental condition.

(d) Defendant’s

• Past and present conduct, including any record of convictions

• Previous flight to avoid prosecution, or failure to appear at court proceedings.

(e) Nature and probability of danger which the defendant’s release poses to the community.

(f) Source of funds used to post bail or procure an appearance bond

(g) Whether the defendant is already on release pending resolution of another criminal proceeding or on probation, parole, or other release pending completion of a sentence.

(h) Street value of any drug or controlled substance connected to or involved in the criminal charge.

(i) Nature and probability of intimidation and danger to victims.

(j) Whether there is probable cause to believe that the defendant committed a new crime while on pretrial release.

(k) Any other facts that the court considers relevant.

There are many other circumstances that matter for a bond determination. A defendant’s trial judge may willing to hear and grant a Motion to Set or Reduce Bond, however, in many instances, a defendant must show a significant change in circumstances since the initial bond determination to having a realistic chance for success. In other words, judges are often unwilling to meaningfully consider repeated attempts to reduce bond when there is no new significant information. An example of a significant change in circumstances could following a granted Motion to Suppress because the strength of the case against the defendant has been weakened.

In addition, in many cases, particularly serious ones, there are some strategic downsides to running a Motion to Set or Reduce Bond. Namely, the prosecution might be required to generate evidence in court that can later be used against the defendant. By filing the Motion, a defendant can inadvertently generate more harmful evidence.

Being stuck in jail can ruin a person’s life. Obtaining pre-trial release matters greatly for defendants. However, the proceedings should not be taken lightly or impulsively. You might only have one realistic shot.

If you or a loved one is trying to get out of jail and wondering about how to set or reduce a bond, contact me for guidance.

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