How Bail Works in Florida

How Bail Works in Florida

By |2018-08-17T21:09:10+00:00August 17th, 2018|criminal defense law, juvenile defense law|0 Comments

According to a Palm Beach Post report, a circuit judge in Palm Beach County recently denied a former Palm Beach County Sheriff’s Office (PBSO) deputy’s request to be released on bail pending his trial on first degree murder charges in connection with the death of his son-in-law.   The charges stem from an incident which occurred in February outside the former deputy’s father-in-law’s home in the Acreage, an unincorporated area of Palm Beach County.  The deputy and his ex-wife, who along with her children was living with her father, had arranged to meet in order to exchange some clothing.  When the deputy arrived at the house, he encountered the son-in-law, with whom he reportedly had a long and troubled relationship.  The two argued according to witnesses and the deputy’s daughter reportedly told PBSO deputies investigating the incident that her father was acting “belligerently” and “shouting expletives.”  The deputy’s son-in-law attempted to leave at one point, at which time the deputy pulled out a gun and shot his son-in-law, killing him.  The deputy then fled the scene, but not before leaving his firearm underneath a tree.  Witnesses at the deputy’s bail hearing noted that the deputy had a history of alcohol use, and prosecutors argued this was one reason for not granting the deputy bail, because he reportedly even had a history of “excessive alcohol use.”  Ultimately, the presiding judge agreed, noting on the record that he was uncomfortable releasing the former deputy on bail given the facts of the incident.

How Does Bail Work in Florida?

If you are arrested in Florida, you will appear before a judge who will determine whether or not you will be allowed out of jail pending trial in your case based on a number of factors set forth in Florida Statutes Section 903.046.  Those factors include, but are not limited to, the nature and circumstances of the charged offense; the evidence of the defendant’s guilt, the defendant’s family ties, length of residence in the particular community in which he or she was arrested; employment history, financial resources, mental condition; past and present conduct, including any previous criminal convictions, attempt to flee to avoid prosecution or failure to appear at court proceedings; and the nature and probability of danger which the defendant’s pretrial release poses to the community.  None of these factors are exclusive and individually control the judge’s decision but instead are to be considered in combination by the judge in determining whether and how much bail is required for a particular criminal defendant.

Typically, only those charged with the most serious of criminal offenses will be denied bail completely.  Such individuals are more of a flight risk considering the serious penalties they are facing if found guilty of the offenses with which they are charged.  In other cases involving less serious charges, a judge often will release a criminal defendant based on certain conditions or under house arrest.  In case of the former PBSO deputy, the defendant is facing a potential life sentence, if found guilty of his son-in-law’s murder, so the chances of him fleeing could potentially be high.  This is the type of factor which could cause a judge to consider denying bail.

Contact Experienced West Palm Beach Criminal Defense
Attorney Bryan Raymond 

Experienced West Palm Beach defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has represented numerous individuals who have been charged with a wide variety of crimes in Palm Beach County, including the most serious criminal offenses like first-degree murder and other violent crimes.  If you have been arrested in Palm Beach County and need an experienced criminal defense attorney to help you navigate the criminal justice system, from the bail hearing up to and including trial, contact Bryan today and he will guide you through the process every step of the way.  If you’ve been arrested for or charged with a crime in Palm Beach County, contact experienced criminal defense attorney Bryan Raymond today at (561) 682-1115 or bryan@raymondlaw.net.

 

Copyright: rudall30 / 123RF Stock Photo