Thinking Of Posting A Cash Bond?
- June 21st, 2012
- Bruce Denson
- Comments Off on Thinking Of Posting A Cash Bond?
Before posting a cash bond for anybody in jail, there are two important things for you to know. First, if the defendant violates a condition of his pre-trial release or fails to appear for a court hearing, the cash bond you posted may be subject to forfeiture. Simply stated, forfeiture means that the government will take your money. It may be possible for you to apply for remission of the forfeiture. However, application for remission of the forfeiture must be done timely and follow the requirements of Florida Statutes.
Second, be advised that Florida Statute 903.286 requires that the Clerk withhold from the return of your cash bond any unpaid court fees, court costs and criminal penalties. This means at the resolution of the case, the Clerk MUST keep any of the bond that is available and use it to pay court costs, fees and penalties. This is true regardless of who posted the funds.
If you have a friend or loved one who is in jail, before bonding them out, you would be advised to speak to an attorney. We can advise you on options for pre-trial release, the possibility of release on recognizance, moving the court for a reduction in the bond or how a bondsman may help you speed the release of an arrestee.
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