BAIL AND BAIL BONDSMEN

Often we forget that the things each of us do everyday in our lives, whether work related or not, are not always understood by others. What I do everyday as a Criminal Defense Attorney, the process and terminology, are sometimes baffling or misunderstood. To make the sometimes daunting legal system easier to understand and less threatening, I will, from time to time, try to help the layman with what I will call:


The Ramblings of Criminal Defense Attorney Roger P. Foley

BAIL AND BAIL BONDSMEN

If you have been arrested, normally you won't have to stay in jail while you are waiting to appear in Court. A Judge sets the Bond or Bail at the first hearing/ bond hearing. You may either post the bond amount in cash or you may hire a bail bondsman. The bail bondsman's fee is normally 10% of the bond amount. They may also require a co-signer or collateral. You may also be released from jail on your promise to return on the date and time specified. To be released on your own recognizance (ROR) you must prove to the Court that you are a reliable citizen with a good standing in the community. This type of bond is generally available to people arrested for the first time and when the charge is not extremely serious. Another form of Bond, know as Pre-Trial Release, is also sometimes available. This may involve a GPS monitor being attached to the defendant pending the outcome of the court case, along with daily or weekly contact with a pre-trial officer.

The Court considers many factors in setting the amount of bail, including circumstances of the arrest, the severity of the crime and its penalty or punishment range, the likelihood of flight, and any prior criminal record of the accused. If you are a first time offender you will usually be released on bail unless you are charged with a serious felony, or if the Court feels that you pose a threat to another person. Repeat offenders who have committed crimes while on probation or out on parole are sometimes denied bail. The U. S. Constitution prohibits an excessive or arbitrary bail.

At the first hearing/ bond hearing, the judge will make a decision that may have lasting implications in the case. It is a good idea to have a lawyer early on who can guide you through the process. Your lawyer may help determine whether posting a cash bond or contracting a bail bondsman is best for you. Your attorney can often learn a great deal about the case informally at the first hearing/ bond hearing. It is important to remember that if you fail to appear in court, or "jump bail," this money is forfeited and you are then subject to re-arrest and a more severe sentence if convicted.

Remember. If you are arrested consult an experienced criminal defense lawyer immediately. You owe it to yourself to find an attorney who really knows the law. Experience in Criminal Law is what you need when you or someone you care about is accused of a crime.

---

Disclaimer:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. These writings are designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2009 The Law Office of Roger P. Foley, P.A.

The Law Offices of Roger P. Foley, P.A.

Law Updates, May 1, 2009

Youngblood, 34 FLW 817, 2nd DCA, Error to deny motion to suppress statements made by def during videotaped interrogation by law enforcement where ofcs did not cease communication with the def and he unequivocally invoked his right to counsel. Police continued on a course designed to convince him to reconsider his invocation of his constitutional rights in order to protect his girlfriend.

Ortiz, 34 FLW 829, 5th DCA, EXIGENT CIRCUMSTANCES, Residence, warrant-less entry into def's home and subsequent seizure of cocaine and drug paraphernalia were improper where ofc had been informed by a local elementary school that six year old's parents failed to pick him up from school and school could not contact his parents by phone. Ofc drove child to home address, no lights were on in the house and no one answered when child knocked on the front door. No car was in the driveway and nothing was amiss. Ofc lacked reasonable basis to believe that grave emergency existed that it made imperative that he enter the house without a warrant
-CONSENT- Assuming that six year-old child had the authority to consent to ofc's entry into common areas of the home, record failed to establish that child could validly consent to entry of locked master bedroom where contraband was found, and nothing in the record demonstrates that once at the locked bedroom door, any exigency was apparent that authorized the officer to enter the bedroom. Court is unwilling to adopt community care taking exception in case of residential searches

Finney, 34 FLW 841, 2nd DCA, County court erred in sentencing def to jail for VOP where original plea that led to probation was without counsel and def did not waive his right to counsel. Indigent def was entitled to counsel unless court entered a written order of no incarceration. Could not impose jail for original charges, could not impose for VOP. Def did not waive right to counsel by signing deficient plea form. Plea form was deficient: provided misleading impression that indigent def lacks right to counsel so long as trial judge is not currently considering jail sentence as an appropriate sentence







The Law Offices of Roger P. Foley, P.A.

Law Updates for April 24, 2009

Seavey, 34 FLW 762, 2nd DCA, L & L molestation. Collateral crimes were admissible even though they were 16 to 25 years ago - became of feature of the trial - state's use of collateral crimes during opening and closing arguments to argue the def committed the charged crime because he was a sexual predator, when considered in conjunction with prejudicial nature of collateral evidence, evidence impermissibly a feature of the trial

Brown, 34 FLW 773, 4th DCA, Poss of Xanax, constructive possession - error deny JOA where xanax was found in the center console of the vehicle jointly occupied by the def and another person - evidence that the def was nervous, he agreed to sell crack cocaine to an informant, and def closed the center console was insufficient to prove def's guilty knowledge

Brown, 34 FLW 786, 2nd DCA, Trafficking in cocaine-evidence insufficient to establish def's constructive possession of cocaine found in kitchen drawer of jointly occupied premises where the state did not establish the drugs were in the drawer were in plain view or present independent proof that def had knowledge of cocaine in the drawer - fact that other drugs were in plain view did not permit an inference that def knew cocaine was in the kitchen drawer, ofcs who served the search warrant saw cocaine in plain view on dining room table was not submitted for testing or introduced in trial - police could not prove that def possessed the only cocaine tested and introduced into evidence, could not be convicted of any cocaine possession - JOA as to the Trafficking charge





The Law Offices of Roger P. Foley, P.A.

Law Updates for April 17, 2009

Mathis, 34 FLW 736, 3rd DCA, C.I. Tip - officer did not have probable cause to search the def on the basis of a reliable c.i. tip that the informant had seen the man make a hand-to-hand transaction by a described man at a specific location where the informant did not describe the type of drugs sold or the method of delivery, and there was no evidence that the location had any prior history of drug transactions or that the officer had any prior knowledge of def's involvement in drug dealing. Hand-to-hand standing alone insufficient, under totality of circumstances, to provide officer with probable cause to search the def -see Chaney, 956/535(4th DCA 2007)

K.H., 34 FLW 739, 3rd DCA, Battery LEO-Ofc did not have pc or founded suspicion that juvenile was committing an offense(L & P) ofc not engaged in lawful performance of legal duties when he stopped the juvenile-error to convict juvenile of Battery L.E.O-remanded to reduce to battery as pushed ofc when he attempted to grab him-Act of placing hands on and looking inside window of vehicle with dark tinted windows not L an P




The Law Offices of Roger P. Foley, P.A.

April 10, 2009

Masaka, 34 FLW 664, 2nd DCA, Attempted manslaughter - error to exclude statements made by uncharged passenger during the police interview where the passenger admitted that he had a gun matching that used to shoot cab driver in his pocket earlier on the day of the incident and telling people "I'm fixin to rob somebody", stated he had the gun in his possession used in the shooting after the incident and sold it to a stranger two days later, admitted to changing clothes immediately after the shooting as he knew the police would look for the shooter, and told ofc he did not talk to the cab driver at any time during the cab ride-passenger unavailable to testify at the trial. Relevant to mis-id defense, given cab driver's testimony that person who shot him did not speak at all while he and the other man chatted during the ride, proffered evidence exculpated the defendant and inculpated the uncharged passenger, and self-inculpatory statements were statements against interest and sufficiently corroborated. NEW TRIAL - Also principal instruction improper as one man fled in regards to the plan to get a cab ride without paying, petty theft, when they reached the destination and the other remained in the cab and shot the cab driver

Williams. 34 FLW 685, 4th DCA, PRR no error in imposing PRR sentence for Felony Battery where he was adj. guilty under statute which requires Great Bodily Harm, permanent disability or permanent disfigurement and crime committed could not be committed without the use or threat of physical force or violence.

Leland, 34 FLW 700, 2nd DCA, L & L molestation-other crimes, wrongs or acts - evidence of other incident where def touched victim's 17 year old sister's back, ear and legs not admissible because as those facts did not amount to child molestation, 90.404(2)(b)(2).

DHMSV v. Crane, 34 FLW 708, 1st DCA, even though Def out-of-state DUI could not be used for enhancement in criminal case as is not substantially similar could be used in administrative hearing for license revocation-criminal sentence is separate from administrative license revocation.





The Law Offices of Roger P. Foley, P.A.

April 3, 2009

Nicholson, 34 FLW 637, 4th DCA, Evidence - other crimes, wrongs or acts - uncharged collateral crime, although consisting of prior bad acts, was admissible to prove motive and intent, where the evidence depicted the turbulent and sometimes violent relationship between def and victim - similarities between events of collateral crime and circumstances of the homicide are insufficient to warrant the introduction of collateral crimes bad acts for purposes of identity.



The Law Offices of Roger P. Foley, P.A.

March 27, 2009

Roberts, 34 FLW 606, 5th DCA, While the court ruled in this case the independent act instruction was properly declined since def was willing participant in the robbery and murders were furtherance of plan there is a good discussion of the case law in the area

Bolin, 34 FLW 619, 2nd DCA, good case on manslaughter instructions

McBride, 34 FLW 620, 2nd DCA, error to deny JOA where state's evidence established that the def witnessed shooting and ran from scene, did not prove he fired a gun or def intended for crime to be committed or he committed an act in furtherance of - The act of fleeing the scene not enough to give rise to def's intent or participation in the crime



The Law Offices of Roger P. Foley, P.A.