Handcuffs and money with wooden letters spelling BAIL
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By Brice Van Elswyk
Founding Attorney

Facing an arrest can be overwhelming, and the prospect of waiting for trial can add stress to an already difficult situation. Bail offers a way for people to continue their daily lives while awaiting their court date. However, the court carefully considers several aspects before deciding on bail, looking at the person’s background, the charges, and ties to the community. With a clear understanding of how bail decisions are made, you can feel more prepared to navigate this part of the process.

Understanding Bail and Pretrial Release

Bail and pretrial release allow individuals to await their court dates outside of jail, providing a chance to maintain their responsibilities at work, with family, and in the community. In Florida, bail is often set as a financial guarantee that the person will return for all court proceedings, while pretrial release might involve specific conditions but no monetary payment. Both options are intended to balance public safety with individual freedoms. It’s important to understand how these processes work, as they directly impact how someone can manage daily life and prepare for their case while awaiting trial.

Factors Judges Consider When Setting Bail

When setting bail, judges assess several key factors unique to each individual’s case. These considerations help the court determine whether releasing someone before their trial would be appropriate. Here are some of the primary factors judges evaluate:

  • Nature of the Offense: The severity of the charges significantly impacts bail decisions. Serious crimes, especially those involving violence, often lead to higher bail amounts or, in some cases, bail denial altogether.
  • Past Criminal Record: A person’s criminal history plays a crucial role. If there’s a record of past offenses, especially recent or violent ones, the judge may set a higher bail or impose stricter release conditions. Those without a criminal history often face fewer restrictions.
  • Community Ties: Judges consider whether the person has strong connections within the community. Being employed, maintaining a stable residence, and having family nearby all suggest the person is more likely to appear in court.
  • Flight Risk: The likelihood of fleeing impacts bail, with judges looking at factors like previous missed court appearances, financial resources, or connections outside the state.
  • Public Safety Concerns: If the judge believes the person might be a threat to the community, they may be less inclined to allow pretrial release or may set higher bail and specific restrictions to address these concerns. 

These factors guide the court’s decision, aiming to ensure fairness while prioritizing community safety.

Types of Pretrial Release Options

In Florida, several pretrial release options allow individuals to await trial outside jail, each with specific conditions:

  • Release on Recognizance (ROR): A judge may release someone without requiring bail, based on trust they’ll return for court dates.
  • Conditional Release: Individuals may be released with certain conditions, such as attending counseling, regular check-ins, or restrictions on travel.
  • Bail Bonds: If bail is set, the individual can post the amount directly or use a bail bondsman to pay a percentage of the amount, with the bondsman covering the full bail.

How We Can Help You Through the Process

At Van Elswyk Law, we understand how challenging it can be to navigate bail and pretrial release decisions, and we’re here to support you at every step. Our team works closely with clients to present a strong case for fair bail terms or alternative release options, emphasizing factors like community ties, employment, and personal responsibilities to help achieve the best possible outcome. We’ll guide you through each part of the process, addressing any concerns and keeping you informed. With our experience and dedication, we’ll help you understand your options and advocate for a solution that allows you to move forward confidently.

Contact an Experienced Sarasota Criminal Defense Attorney

Understanding the factors that influence bail and pretrial release can make a real difference in your case. If you or a loved one are facing these challenges, reach out to us at Van Elswyk Law. We’re here to help you move forward with confidence.

About the Author
Brice Van Elswyk started his professional career as an investment banker in 1998. Over the next 14 years, Brice worked for several international investment banks, eventually specializing in structured products with complex tax, accounting, and regulatory capital constraints.While at the State Attorney’s Office, Brice prosecuted crimes ranging from misdemeanors such as DUI’s and domestic batteries, all the way to homicide, drug trafficking and sex crimes. Most recently, Brice was a specialty prosecutor focusing on capital sex crimes and crimes against children. Now, Brice combines his vast knowledge of finance, and his extensive experience as a trial attorney to serve clients in both criminal defense and civil matters.