Criminal Justice System, Court Procedures, and Bail Setting
Where bail comes from
Article I, section 14 of the Florida Constitution governs pretrial release, and Florida Rule of Criminal Procedure 3.131 supplies the procedure. An arrested person must be brought before a judge for first appearance promptly under Rule 3.130, where the court reviews probable cause and sets release conditions. The court - not the bondsman - sets the amount, the type of release, and any special conditions.
Release types a candidate must recognize: release on recognizance (ROR), cash bond, surety bond, property bond, and conditional release with supervision. The court weighs the nature and seriousness of the offense, the weight of the evidence, the defendant's ties to the community, employment, financial resources, criminal history, and danger to the public.
Bail is not absolute: the constitution permits pretrial detention without bail for certain offenses where the proof is evident and the presumption great, and Rule 3.131 sets out the detention procedure.
Once released on a surety bond, the surety is in practical custody of the defendant and is responsible for producing him in court. If the defendant fails to appear, the court issues a capias or bench warrant and moves toward forfeiture. The bondsman has no power to alter the bond, excuse an appearance, or negotiate conditions with the court; the remedy is surrender, not permission.
Traps
Thinking a bondsman 'grants' bail or may post an amount the court did not set; assuming a defendant on ROR has a surety; assuming a surety bond ends at conviction (it runs through sentencing and any required appearances); confusing cash bail, which is refundable to the depositor, with premium, which is earned.
Rule of thumb
The court owns the terms; the insurer owns the risk. Read the release order before writing: amount, conditions, and next court date all come from the judge.