What Happens to Bail-Jumpers in Florida?

Bail jumping, or failing to meet all the conditions of supervised release, has short-term and long-term consequences in the Sunshine State.

The short-term consequences usually include the issuance of a bench warrant. A bench warrant is basically a combination of an arrest warrant and a court order, so it’s an arrest warrant on steroids. Pretrial detention compromises criminal defenses over the long term as well. Many jurors assume people in jail did something wrong, and many judges won’t approve probation if the defendant has a history of violating court orders.

Immediate jail release jumpstarts a criminal defense, and sustained jail release sets the stage for a favorable outcome. Usually, a good Tampa criminal defense lawyer only needs a good chance to successfully resolve a case. Bond forfeiture often destroys that chance.

Types of Bail

Usually, the risk of forfeiture is commensurate with the type of bail. Hillsborough County and most other Tampa Bay-area jurisdictions offer three types of jail release:

• Own Recognizance Release: Usually, low-cost OR release is available if the defendant, who has a squeaky clean criminal history, faces nonviolent misdemeanor charges. Generally, low financial security increases the risk of bond forfeiture. However, the conditions of OR release mitigate this risk.
• Bail Bond: The most common form of jail release is also the most likely one to lead to bail forfeiture. The defendant puts up a proportion of the cash bond amount, usually 10 or 15 percent, with a bonding company. Since little financial security is involved, bail-jumping is a high possibility.
• Cash Bail: The opposite dynamics apply in these cases. The defendant posts the entire bond amount, much like a rental property security deposit. When a Tampa criminal defense lawyer resolves the case, the county refunds most of that money. The high financial security reduces the likelihood of bail jumping.

So, as odd as it sounds, a Tampa criminal defense lawyer often recommends cash bail in high-risk situations. Usually, a lawyer can reduce the cash bail amount at a bond reduction hearing, making this option easier to afford.

Bail-jumping doesn’t just mean leaving the jurisdiction. This phrase also covers a host of other violations, such as failing to report to a supervision officer or catching a new case. These technical violations are just as common as failure-to-appear violations.

Dealing with Violations

Since all kinds of bail have so many conditions, a bond forfeiture violation is usually a matter of when, not if, even if a Tampa criminal defense lawyer successfully modifies the conditions during or after a bail reduction hearing.

Bench warrants aren’t subject to the statute of limitations. Once a warrant goes into the system, it remains there until officers serve it or an attorney takes care of it.

Occasionally, letting sleeping dogs lie is the best approach in these situations. However, in general, ignoring a problem is a very poor problem resolution strategy. So, a proactive approach is usually best.

If the defendant committed a technical violation, a lawyer can usually take care of it. For example, if the defendant doesn’t appear at a required procedural hearing, a lawyer can usually reschedule the hearing.

Substantive bail-jumping violations, usually fleeing and remaining outside the jurisdiction, are harder to deal with. Normally, a lawyer arranges for the defendant to voluntarily surrender at a county jail. Judges look favorably upon people who voluntarily take responsibility for pretrial release violations.

Lawyers usually prepare the jail release paperwork in advance. So, in many cases, the defendant books in and books out without going past a holding cell.

Work With a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in Pinellas County and nearby jurisdictions.

Source:

justiceinitiative.org/publications/presumption-guilt-global-overuse-pretrial-detention