When someone is arrested, one of the first questions family members ask is: “How do we get them out?” Understanding Florida’s bail process can help reduce stress and allow you to act quickly and confidently.
⚖️ Two Main Ways to Post Bail in Florida
In Florida, you can secure release from jail through:
1️⃣ Cash Bail
- Pay the entire bail amount (e.g., $5,000) directly to the jail via cash or certified check
- The money is refundable at the end of the case, minus any court fines or costs
- This method requires access to funds up front, but avoids paying a non-refundable fee
2️⃣ Bail Bondsman
- Pay a non-refundable 10% fee to a licensed bail bonds agent
- Example: $500 on a $5,000 bond
- The bondsman then posts the full bail amount to secure release
- The person bailed out must comply with any check-ins or travel restrictions
⏳ What Happens After Bail Is Posted?
Once bail is posted and any other conditions (e.g., no-contact orders, travel restrictions) are in place:
- The jail typically releases the individual within several hours
- The defendant must attend all scheduled court hearings
- Failure to appear can result in:
- Warrant for arrest
- Loss of the bail money
- Additional charges or revocation of bond
📌 When Is Bail Set?
Bail is usually determined at the first appearance hearing, which must happen within 24 hours of arrest.
Depending on the charge, the judge may:
- Set a standard bail amount
- Increase or reduce the amount
- Deny bail (in serious or non-bondable offenses)
📌 Related: 👉 Florida Criminal Sanctions: Felony & Misdemeanor Penalties
🛡️ Need Help Navigating the Bail Process?
If your loved one is in custody in Fort Lauderdale or South Florida, don’t make assumptions. Whether to use cash bail or a bondsman depends on your finances, the charge, and your legal goals.
At Michael White, P.A., we help clients understand all available options and move quickly to protect their rights.
📲 Call (954) 710-0925 or schedule a free consultation to speak with a local criminal defense attorney today.
💬 Frequently Asked Questions: Florida Bail Process
Q1: How is bail set after an arrest in Florida?
A: Bail is typically set by a judge at a first appearance hearing, which occurs within 24 hours of arrest. The judge considers the charges, criminal history, and flight risk.
Q2: What’s the difference between cash bail and using a bondsman?
A: With cash bail, you pay the full amount up front and may get it back at the end of the case. With a bondsman, you pay a non-refundable 10% fee, and they post the bail for you.
Q3: Is the bail money refundable in Florida?
A: Yes—if you post cash bail, it is refundable at the conclusion of the case, minus any court costs. If you use a bondsman, the 10% premium is not refunded.
Q4: What happens if someone misses a court date while out on bail?
A: A warrant may be issued, and the person can be re-arrested. If a bondsman was involved, they may forfeit the bond and send someone to locate the individual.
Q5: Can a lawyer help with bail issues in Florida?
A: Absolutely. A criminal defense attorney can attend bail hearings, argue for lower bond amounts, and help you navigate the best option for release.