Do I Qualify For Pre-Trial Release?

What is Pre-trial release? PTR when an accused person is released from custody to await trial. This allows defendants to live their normal life and be a part of their community. This helps prevent overcrowding in jails. It also takes a huge financial burden off of the accused since they can still work.

How Does Pre-Trial Release Work?

Florida courts allow a person charged with a crime to release before a trial. However, there is also an exception to this. Defendants faced with serious crimes are not entitled to pre-trial release. Namely, crimes where they could face the death penalty.

Ultimately, the judge makes the decision about pre-trial release. The judge takes into account three different factors. They include protecting the safety of the community and ensuring the defendant will show up for court hearings. Most importantly, the judge also needs to maintain the integrity of the judicial process. 

The judge also takes into consideration other factors before making a decision about pretrial release. These factors can include the severity of the alleged crime and the defendant’s past history. The judge will also consider if the defendant is deemed a flight risk. A judge can deny a pretrial release.

If a pretrial release is granted, then it can take different forms. Pretrial release in Florida covers different types of releases.

These Types of Releases Include:

• The least restrictive pretrial release is release on a person’s own recognizance (ROR). This means that the defendant pays no money to get out of jail. They do have to promise to show up to court. they also have to pledge not commit more crimes. In addition, they have to follow any conditions set by the judge. Conditions can include no contact with victims and wearing an electronic monitoring device.

The judge may order them not to travel out of the state or country. Additionally, the judge may require the defendant to submit to random drug screening. Rarely, will a judge will release a person on ROR with no extra conditions. They still need to show up to court and not commit any more crimes.

• Pretrial release is where you pay no money to get out of jail. However, you have to meet with pretrial services before your case is closed. A judge could combine a PTR with a bond.

• Unsecured appearance bond. This is where the accused pays no money. 

• Bail bond. This is where a person pays a bail bond agency money to be released from jail. They pay a set amount and the bail bond agent fronts the rest of the amount or the accused could pay the entire bond in full.

• Fines/court costs can be taken from bail money.

• Bond could be revoked if the defendant does not show up for court or commits another crime.

A defendant can be charged with a first-degree misdemeanor if they violate the PTR. The penalty can include up to one year in jail, one year of probation, and fines. The pretrial release could also be revoked and the accused could be put behind bars.

Have You Been Arrested Or Have Questions About Federal And State Bail Bonds?