FLORIDA BAIL LAWS

  • Understanding bail bond laws in Polk County, FL

    Once bail is posted, the defendant can be released from jail. In Florida, bail can be posted with a court by anyone with the cash to do so. If a business posts bail for people, that business must have people licensed to do so with the Division of Insurance.

    Florida Courts use the commercial bail bond system as a way to hold someone charged witha crime accountable to come back to court. Whether innocent or guilty, everyone is entitled to bail under the 8th Amendment.

    Bail bonds in Polk County, FL is 10% of the total bond amount issued by the court.

    Using a Polk County bail bonds company is essentially a way to pay a fraction of the entire bond amount to the courts. This savings allows you to use the saving to go towards a lawyer, food, rent, etc. But you must also follow the law.

  • Why Bail Bond Laws in Florida Matter

    • Bail bonds are a professional business and bondsman are held to a higher standard. These bail laws let you know what is allowed and what is not.
    • Being able to post affordable bail in Florida allows a person to get back to their life and start the process of fighting their case.
    • Using a bail bondsman helps save cost where you only pay 10% of a bond vs. 100% of a cash bond. If these laws were not in place the fees could be higher.
    • Knowing what is expected of you as the defendantis equally important, and the Florida bail laws listed below clearly show what happens if you continue to break the law and not abide by the court imposed rules.

CURRENT FLORIDA BAIL LAWS 2024

These are the current bail laws in the state of Florida. You should read these sections as they are important to determine if you're paying a fair amount in bail. These laws also govern the licensing of Florida bail bondsmen. If you feel you or someone close to you has been given a harsh bail amount or that your bondsman isn't working, take a moment to read through these Florida bail laws.

2021 Florida Statutes (Including 2021B Session)

  • (1) The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.
  • (2) When determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider:
  • (a) The nature and circumstances of the offense charged.
  • (b) The weight of the evidence against the defendant.
  • (c) The defendant's family ties, length of residence in the community, employment history, financial resources, and mental condition.
  • (d) The defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings. However, any defendant who had failed to appear on the day of any required court proceeding in the case at issue, but who had later voluntarily appeared or surrendered, shall not be eligible for a recognizance bond; and any defendant who failed to appear on the day of any required court proceeding in the case at issue and who was later arrested shall not be eligible for a recognizance bond or for any form of bond which does not require a monetary undertaking or commitment equal to or greater than $2,000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. Notwithstanding anything in this section, the court has discretion in determining conditions of release if the defendant proves circumstances beyond his or her control for the failure to appear. This section may not be construed as imposing additional duties or obligations on a governmental entity related to monetary bonds.
  • (e) The nature and probability of danger which the defendant's release poses to the community.
  • (f) The source of funds used to post bail or procure an appearance bond, particularly whether the proffered funds, real property, property, or any proposed collateral or bond premium may be linked to or derived from the crime alleged to have been committed or from any other criminal or illicit activities. The burden of establishing the noninvolvement in or nonderivation from criminal or other illicit activity of such proffered funds, real property, property, or any proposed collateral or bond premium falls upon the defendant or other person proffering them to obtain the defendant's release.
  • (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) The street value of any drug or controlled substance connected to or involved in the criminal charge. It is the finding and intent of the Legislature that crimes involving drugs and other controlled substances are of serious social concern, that the flight of defendants to avoid prosecution is of similar serious social concern, and that frequently such defendants are able to post monetary bail using the proceeds of their unlawful enterprises to defeat the social utility of pretrial bail. Therefore, the courts should carefully consider the utility and necessity of substantial bail in relation to the street value of the drugs or controlled substances involved.
  • (i) The 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.
  • (l) Whether the crime charged is a violation of chapter 874 or alleged to be subject to enhanced punishment under chapter 874 or reclassification under s. 843.22. If any such violation is charged against a defendant or if the defendant is charged with a crime that is alleged to be subject to such enhancement or reclassification, he or she is not eligible for release on bail or surety bond until the first appearance on the case in order to ensure the full participation of the prosecutor and the protection of the public.
  • (m) Whether the defendant, other than a defendant whose only criminal charge is a misdemeanor offense under chapter 316, is required to register as a sexual offender under s. 943.0435 or a sexual predator under s. 775.21; and, if so, he or she is not eligible for release on bail or surety bond until the first appearance on the case in order to ensure the full participation of the prosecutor and the protection of the public.

FIND POLK COUNTY INMATES

CHECK THESE POLK COUNTY DETENTION CENTERS

Polk County Jail

455 N Broadway Ave, Bartow, FL 33830
Phone: (863) 298-6200
MAP

Polk County Department of Detention

2390 Bob Phillips Rd, Bartow, FL 33830
Phone: (863) 534-6153
MAP

Polk County Jail Booking

7101 De Castro Rd, Winter Haven, FL 33880
Phone: (863) 292-3400
MAP

Polk Regional Detention Center

2155 Bob Phillips Rd, Bartow, FL 33830
Phone: (863) 534-7090
MAP

FREQUENTLY ASKED QUESTIONS

Why is my bail amount so much?
The amount of bail issued by a bail schedule, and that is posted is supposed to be a large enough deterrent to prevent the defendant from fleeing and instead, force them to go to court.
What happens if I miss court or fail to check-in with the bondsman?
YOu signed a contract with the bondsman (or 100% cash bail to the court) that you would show up to any and all court appearances. Should you fail to show to court, you may have a bench warrant for your arrest, additional charge of bail-jumping and will lose the money you put up for your bond.
How long does it take a bondsman to get someone out of Polk County Jail?
It may take anywhere from 3 to 4 hours. While it takes less than an hour to get the bond paperwork written and approved, plus payment made. The length of time it takes to get someone out of Polk County jail (or any jail) depends on day and time. During peak hours, when the jail is full, it may take several hours to get the defendant through booking.
What is needed to bail someone out of Polk County jail?
To bond someone out of the Polk County detention facility you will need to provide a bail bondsman with the following information:
  • Defendant name
  • Amount of bail
  • If you are cosigning:
    1. Where you work and for how long
    2. How long you have been at your address
    3. Do you own or rent your home
    4. How long have yo known the defendant
    5. Your relationship to the defendant
    6. Identification of all cosignors
    7. Collateral based on the bond amount an defendant history.
    8. Acknowledgement that you understand how bail works and what happens if the defendant skips court appearances and runs off
Would I need to put down collateral for a bond?
You may be required to put an amount down for collateral. It could be more funds, your home or property or any other item that would cover the cost of the bond should the defendant skip bail. You will get this collateral returned to you once the trial has completed or the charges have been dismissed.
What are the conditions of Polk County, FL bail?
Certain bail conditions might be applied to the defendants release. Such as living at a particular address, not being allowed to leave the state, checking in with a bondsman, not drinking or doing drugs (drug testing) or having someone act as surety, if the court considers that this is necessary:
  • Used to ensure the defendant follows the rules of the court:
    • No drinking or using drugs, with surprise urinalysis
    • Checking in with bondsman weekly
    • Wear a monitoring bracelet
    • Abide by any and all court rules
    • Not leaving the state/county or home confinement
  • Meant to prevent the defendant from absconding
  • Prevent the defendant committing further offenses while out on bail
  • Prevent a defendant interfering with witnesses;
Why should I bail someone out of Polk County jail?
There are several reasons why you should bond someone out of the Polk County detention facility.
  • They may be at harm if in jail with the wrong charges
  • They may be in harm if the guards don't understand the person has mental health issues or needs medication
  • Allows the defendant to prepare for their case better
  • Allows a jury to see that the defendant has people that are working to help and guide them. Goign to court in an orange jumpsuit does not sit well with jurors (which is why you always see people dress-out in suits).
  • Allows the defendant to get back to work caring for their family
What are my responsibilities as a cosignor?
As the cosignor, you're responsible for the defendant, because if they skip bail, you will be liable for 100% of the bond plus any associated fees. These duties may include:
  • Making sure the defendant makes all appearances to court.
  • Ensuring the defendant notifies the bail bonds company of any changes to their address, phone or employment.
  • Making sure the premium is paid (if you are on a payment plan).
What are my rights to Winter Haven, Florida bail?
A defendant in Polk COunty, FL has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it. According to the 8Th Amendment; any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, a person charged with a crime, should not be denied freedom unless there is a good reason.

If the defendant has previous convictions for certain homicide or sexual offenses, there will be a bail hearing, but the defendant will be locked up until that time.

There are many reason why a defendant would not be eligible for bail, major reasons would be the type of crime committed or the defendants history of crime or absconding. Other reasons for denying bail or revoking bond are:

  1. Skips bail (abscond)
  2. While on bail the defendant commits additional offenses
  3. Interfere with witnesses
  4. Has interactions with the police

The court typically takes into account:

  1. The nature and seriousness of the offense or revocation
  2. The character, associations and ties to the community
  3. The defendant's arrest record
  4. The evidence presented

The court may also refuse a defendant bail if:

  • The defendant needs to remain in Polk County jail for their own protection;
  • where the defendant is already serving time for another offense;
  • The defendant has history of absconding;
  • The defendant has been convicted but the court is awaiting a pre-sentence report;
  • Defendant was out on bail and has been arrested for absconding or breaching bail.