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How Does Someone Get Bailed Out?

Many who have been arrested for a crime (and their family members) in Orlando, FL are curious about how someone gets bailed out of jail, and whether the money is returned once the case has been resolved. While certain criminal offenses are non-bondable such as drug trafficking or murder, most are. When you cannot afford the bail amount set by the judge, you may want to consider hiring a defense attorney based in Orlando to get the bail amount lowered.

Police officers typically set the bail amount that must be posted before your can be released from jail. The amount set corresponds to the severity of the crime, however the judge can adjust the amount for those who remain incarcerated overnight.

Bondsman Can Issue Bond

When you or your family cannot afford the bail amount, it may be necessary to contact a bail bond company. In this case, the bondsman will issue a bond for you, which essentially guarantees the court system you will show up for future hearings. Many people resort to a bail bondsman when bail amounts are substantial and the defendant or his/her family cannot afford to pay, such as $5,000 or more. In order to get bailed out, you must pay the entire bond amount if you or a family member is posting bail. However, with a bail bondsmen most alleged offenders may be released after paying a fee of 10% of the set bond amount. For instance, if the bail amount set in your case is $10,000, you can pay a bondsman $1,000 and be released from jail.

Why the difference? Bail bondsmen are authorized to locate an offender and arrest him or her using force if it becomes necessary when a defendant fails to appear at a hearing. Additionally, when you don't have $10,000 and that is the set bail amount, a bail bondsman requires an asset as a measure of “security” for the entire bond amount. So, if you pay the 10% fee of $1,000, the rest may be secured in your assets including a home, vehicle, or other property valued at the bond amount. Ultimately, by working with a bail bondsmen you are ensuring that you will pay the full bond amount, something similar to an insurance policy.

Will the bail money be refunded once the case has been resolved?

If you did abide by the rules and attend all court hearings, the full bond amount will be refunded if you or a family member posted bond. However, if you chose to use a bail bondsman in order to secure bail and be released from jail, you will not recover the 10% fee.

It is also important t note that in the event you do not appear for hearings and the specified bail amount is $10,000, not only may an arrest warrant be issued by the court, the bail amount will be considered in default. Therefore, whether you, your family, or the bail bondsman posted bail, the court will retain the entire amount. The bail bond company may also make a determination to file a lawsuit against you for the financial loss, and send you back to jail if you disappear and fail to appear as promised at court hearings.

Anyone charged with a crime in Florida should work with an experienced criminal defense attorney regarding not only bailing out of jail, but potentially having the bail amount reduced in some cases. Contact us now for a free consultation.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink