Chad M. Seibel
Criminal Defense
407.846.8008
Bond Hearings
When can my loved one come home? Depending on the charge, a lawyer at first appearance may be able to argue for a lower bond or better conditions.
An arrest can turn a family's world upside down. The most urgent question is usually the same: when can my loved one come home?
In Florida, most people charged with a crime have a right to pretrial release on reasonable conditions. But bond amounts and conditions vary widely, and the first hearings move fast. Call or text 407-846-8008 to talk with former prosecutor Chad Seibel.
First Appearance
A person who is arrested and not released must see a judge within 24 hours (Fla. R. Crim. P. 3.130(a)). The hearing may be in person or by video.
The judge explains the charges, the right to remain silent, and the right to a lawyer. The judge then decides on release or detention (Fla. R. Crim. P. 3.130(d)).
Some people can bond out sooner using a bond schedule. The Florida Supreme Court adopts a uniform statewide schedule each year (§ 903.011(5)). A chief judge may use a local schedule with higher amounts. The schedule does not bind the judge at first appearance (§ 903.011(5)(f)).
Others must wait to see a judge. This includes anyone on pretrial release, probation, or community control when arrested for a felony. It also includes people charged with many serious offenses (§ 903.011(6)).
How Judges Decide Bond
Bail has two purposes: making sure the person comes to court and protecting the community from unreasonable danger (§ 903.046(1)). Florida law presumes release on nonmonetary conditions, except for people charged with a "dangerous crime" (§ 907.041(3)).
The judge must consider factors including (§ 903.046(2)):
• The charge: the nature and circumstances of the offense.
• The evidence: how strong the case appears.
• Community ties: family, length of residence, employment, finances, and mental condition.
• History: prior convictions and missed court dates.
• Danger: any risk to the community or the alleged victim.
• Other cases: whether the person is already on probation or pretrial release.
• Source of funds: whether bond money could be tied to crime.
The judge should impose the least restrictive conditions that will reasonably work (Fla. R. Crim. P. 3.131(c)).
When Bond Can Be Denied
Florida's Constitution guarantees pretrial release on reasonable conditions, with two exceptions (Art. I, § 14, Fla. Const.):
• Capital and life offenses: when the proof of guilt is evident or the presumption is great.
• No adequate conditions: when no conditions can reasonably protect the public, assure court appearance, or protect the court process.
To hold someone under the second exception, the State files a pretrial detention motion (§ 907.041(5)). Grounds include a "dangerous crime" with a substantial probability of guilt, threats to witnesses, or violating release conditions. The State carries the burden. The defense may present evidence and cross-examine witnesses. The hearing generally must happen within five days.
Probation violations: A probation arrest does not automatically mean no bond. Florida law bars release before the violation hearing only for these felony probationers (§ 903.0351(1)):
• Violent felony offenders of special concern, as defined in § 948.06(8).
• Probationers arrested for a "qualifying offense," a list of serious crimes such as murder, sexual battery, robbery, and kidnapping (§ 948.06(8)(c)).
• Prior habitual violent felony offenders, three-time violent felony offenders, or sexual predators arrested for a qualifying offense.
This rule does not apply if the violation is based only on unpaid costs, fines, or restitution (§ 903.0351(2)). In other violations based on a new arrest, the judge may release the person with or without bail (Fla. R. Crim. P. 3.130(d)).
Conditions of Release
Every release requires the person to refrain from criminal activity. Other common conditions include (§ 903.047(1)):
• No contact: no contact with the alleged victim, directly or through others. Unless the court says otherwise, this includes staying 500 feet from the person's home, vehicle, and workplace.
• Supervision: regular reporting, a curfew, or electronic monitoring.
• Weapons and substances: no firearms, no excessive alcohol, and no unprescribed drugs.
• Restrictions: limits on travel, residence, and associations.
Violating a condition can lead to arrest and a motion to hold the person until trial (§ 907.041(5)(c)). A judge may modify a no-contact condition for good cause after the victim has a chance to be heard (§ 903.047(2)).
Asking for a Lower Bond
If bond is too high, the defense can file a motion to reduce or modify it. The court may reconsider the money amount if the person cannot post it (§ 903.011(4)). For felonies, the hearing is in person, with at least three hours' notice to the State (Fla. R. Crim. P. 3.131(e)).
Helpful information can include steady work, local family, a stable home, and what the family can realistically afford.
Frequently Asked Questions
Can a family member pay the bond?
Yes. Family can post the money or work with a licensed bail bond agent. Cash and surety amounts must be the same (§ 903.011(3)). Be ready to show the money comes from a legitimate source (§ 903.046(2)(f)).
What can family do right now?
Gather proof of employment, residence, and family ties, and share it with the defense lawyer. Avoid discussing the case on jail calls. If there is a no-contact order, do not pass messages to the protected person.
What happens if someone misses court while on bond?
A person who misses court and is later arrested is generally not eligible for release on recognizance. Any new bond must be at least $2,000 or twice the original, whichever is greater (§ 903.046(2)(d)).
Talk to a Former Prosecutor Today
Bond decisions happen quickly, and the first hearing matters. Chad Seibel is a former prosecutor. Call or text 407-846-8008 to discuss release options for you or a loved one.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.