Articles Posted in Bail Bonds

Handcuffs1.jpgSometimes an arrest can occur in the most inopportune times. When this occurs you might not know what to do or what to say. That is why the advise and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. In Jacksonville Florida’s first appearance court (also known as bond hearing), most Jacksonville Criminal Defendants are not represented by a Jacksonville criminal lawyer. Under Florida law, a Jacksonville Criminal Defendant is entitled to appear before a judge within 24 hours of his arrest. Due to this Florida law, Duval County first appearance court is held twice a day, every day.

As a Criminal Defense Lawyer, I have spent a lot of time in Duval County first appearance court for bond hearings. I have seen many Jacksonville Criminal Defendants stand before a judge without representation. While there is a Public Defender present in the room, this is only one Criminal Lawyer to represent one hundred or so Criminal Defendants in one day. It is not possible for a Jacksonville Criminal Attorney to adequately represent that many people at one time.

Criminal Defendants that hire a Lawyer for a bond hearing have the benefit of one lawyer for one client. Also, an experienced Criminal Defense will give the judge favorable and valuable information about the Jacksonville Criminal Defendant to the judge at the bond hearing. The reason a Jacksonville Criminal Attorney presents this information is to achieve a lower bond for the Jacksonville Criminal Defendant.

In Jacksonville, Florida, if a Jacksonville Criminal Defendant misses a court date, the judge will issue a capias. A capias is also know as a bench warrant, because the judge issues the warrant from the bench, since the Jacksonville Criminal Defendant failed to appear in court. Usually, the Jacksonville Criminal Defendant is arrested pursuant to the Jacksonville warrant and must go before the judge. Depending on the circumstances surrounding the Jacksonville Criminal Defendant’s failure to appear in court, he or she may be able to get the warrant recalled. If the warrant is recalled, then the Jacksonville Criminal Defendant will not be arrested, and he or she can proceed with the case as if the judge never issued the capias.

If you have missed a court date, you should talk to a Jacksonville Criminal Lawyer. Do not flee, because that could only make things worse. In some cases, you may be charged as a fugitive and extradited. If you do nothing, you may be arrested when you least expect it, as a police officer will take you into custody if he or she discovers the Jacksonville Arrest Warrant. In some Jacksonville Florida criminal cases, you may be able to work a case out, including the outstanding capias, all at one time avoiding any type of arrest. Therefore, speaking to a Jacksonville Criminal Lawyer will help you evaluate your options in the Jacksonville criminal case, so you can decide what is best.

Section 3.691 of the Florida Statutes allows a person that has been convicted of a crime to be released on bond pending an appeal. It is within the discretion of the Jacksonville trial court or the Florida appellate court as to whether the defendant should be released. The Jacksonville trial court must apply certain principles when making this decision. The factors that the could should look at include:

  1. the defendant’s attachments to the community (Jacksonville);
  2. the defendant’s family ties in the community;
  3. the defendant’s business or job;
  4. the severity of the punishment; and
  5. any other relevant circumstances that would indicate whether or not the defendant is a flight risk.
The Jacksonville court should also consider whether denial of a post-conviction bail would render nugatory the right to an appeal.  The court should not consider the fact that a defendant is facing a minimum mandatory prison sentence.  Coolley v. State, 720 So. 2d 598 (Fla. 2nd DCA 1998).
The appeal must be taken in good faith.  Good faith does not mean that there must be probable cause to believe the judgment will be reversed.  The Defendant only needs to show that he or she is not appealing on grounds that frivolous.  The grounds for the appeal must be fairly debatable.  Baker v. State, 213 So. 2d 285 (Fla. 4th DCA 1968).  

777968_alcatraz.jpgIn Jacksonville, Florida, Barry Carrell obtained a bond reduction on the charge of murder yesterday.  Under the Florida Rules of Criminal Procedure 3.131, a criminal defendant is entitled to a reasonable bond.  When setting a bond, the judge takes several factors under consideration.  The court will look at:

(1) the crime that the defendant is charged with and the circumstances surrounding it, 

(2) the strength of the evidence against the criminal defendant, 

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