An Examination of the Cash Bail / Bond System And How It Could Affect You

The Constitutionality of the cash bail/bond system is being questioned. How could it affect you?

All across our country, courts are reviewing the constitutionality of the cash bail/bond system. For example, in 2018, California became the first state to end the practice of cash bonds after Governor Jerry Brown signed a bill eliminating the practice.

Even in our own state, a federal judge said detaining a person because they can’t afford bail is a violation of Florida law.

In the State of Florida, the purpose of bail is two-fold: 1) to ensure the appearance of the accused in court; and 2) the protection of the community at large.

When courts are trying to determine what an appropriate bail should be, they look at many different factors, including:

1. The nature and circumstance on the crime(s) charged.
2. The weight of the evidence against the defendant.
3. The defendant’s ties to the local community (i.e. How long as the defendant resided in the area? Does the defendant have family in the area? Is the defendant employed? If so, where is the defendant employed, and for how long?)
4. The defendant’s criminal history, to include any instances where the defendant failed to appear for court.
5. The nature and possible danger the defendant poses to the community.
6. The source of funds used to post the bail.
7. Whether the defendant has pending crimes or is on probation.
8. The street value of any drugs connected to or involved in the crime(s) charged.
9. The protection of the victim(s).
10. Whether the defendant has committed a new offense while out on bail.
11. Any other facts the courts deem relevant.

If someone is being held in jail with a bond they simply can’t afford, it’s important to get that person in front of the court as soon as possible by filing a motion for bond reduction.

If you need an experienced and affordable criminal attorney to handle your case, or file a motion for bond reduction, give me a call — I am here to help.

Contact Stevens Law Firm:
Call (850) 304–7880
Email Info@StevensLawFirmPLLC.com
Visit our website at https://www.stevenslawfirmpllc.com/