In Florida State
Court a monetary bond can be posted in one of two ways: Either in cash, in full, or vis-a-vis a
surety / bail bonds agent. If you post a
cash bond then the full amount of the bond must be deposited with the Jail or
the Clerk (depending upon the protocol in your jurisdiction), and, assuming
that the case is resolved without complication, the full amount of the bond
will be returned to whomever posted it (the manner and time frame for bond
refund will also vary from County to County but, by way of example, absent
either an assignment or an estrateure, in Miami-Dade County a check will issue
and be mailed to the person who posted the bond at the stated address, ands
this usually takes 30 - 60 days to process).
If you use a surety / bail bonds agent then you only need to pay a 10%
premium (which is the surety / bail bonds agent's non-refundable fee),
although you may be called to collateralize the remaining 90% as a condition
precedent to the bond being posted.
To illustrate the
point let's take the example of a $1,000.00 bond. You can
either A) post $1,000.00 cash with the Jail (or the Clerk) or you can B)
pay a surety / / bail bonds agent a $100.00 fee and have the bond posted. In the case of A) assuming that the case
closes without any complications then you will get a check for $1,000.00 mailed
to you sometime after the case has closed.
In the case of B) you will pay $100.00 to the surety / bail bonds agent
as a fee for services, you may or may not be called upon to collateralize the
balance of the bond (i.e. the other $900.00) and if there is a problem (i.e. if
the bond is estreated, if the Defendant skips town or picks up a new case) then
you may be called upon to pay the balance (i.e. the other $900.00) to the
surety / bail bonds agent. (For this
reason many sureties / bail bonds agents do require collateralization as a
condition of positing bond. But whether
they do or they do not is their business decision and is not a concern of the
Court.)
The purpose of bond
is two-fold: A) to ensure the
Defendant's presence (to make sure that s/he does not flee and appears as
directed) and B) to protect the community (to deter the Defendant from being
arrested / committing new crimes while out on bond). If you are going to post a bond for someone
then keep in mind that you are putting you dollars (or property) on the line in
the hope that the person whom you are bonding out of jail will honor the two
(2) purposes of her/his bond, and if s/he fails to do so then you are on the
hook.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
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