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Home > Posting Bail in Tampa: 4 Things to Know

Posting Bail in Tampa: 4 Things to Know

After getting released from jail on bail, there is nothing more important than showing up for all court hearings and following any conditions of that release. Defendants who jump bail face a separate criminal charge – failure to appear. That charge is in addition to the crime the defendant was originally booked with. The penalties for failure to appear are significant: if the original crime was a misdemeanor, the new charge is a 1st degree misdemeanor, or a 3rd degree felony if the initial arrest was a felony. If you are arrested in Tampa, here are 4 things you should know about posting bail.

Bail process in Tampa. If you are arrested in Tampa, there’s a good chance you’ll be brought to the Hillsborough County Jail for intake and booking. But whether it is this jail or another facility in the area, the process remains the same. Once booking is completed, you are allowed to make a phone call. You can contact a friend or relative to help you post a cash bond or to contact a bail bond agent for assistance. Or, you can call a bail bond company directly to begin the jail release process, if you are going to pursue a surety bond.

Types of Bail in Tampa.

  • Signature release. As the name implies, a signature release requires only that a defendant sign a document agreeing to show up in court for all scheduled hearings. This option, also known as a release on recognizance, does not require the defendant to pay any money. It’s an option usually reserved for defendants with no criminal record who have been arrested for relatively minor crimes that did not involve violence.

  • Cash bond. A defendant with sufficient resources can choose a cash bond and pay the entire bail amount to be released from jail. This release option can actually save money in the long run, as compared to a surety bond. A defendant who posts a cash bond receives the bulk of the money back at the end of the case. With a surety bond, the defendant pays 10 percent and does not get this money back.  A cash bond can also be posted by a co-signer on behalf of the defendant.

  • Surety bond. Many defendants are unable to afford 10 percent of a misdemeanor bond, much less a more expensive felony bond. In those cases, a surety bond is a cost-effective alternative. Under Florida law, bail bond agents can charge 10 percent of the total amount of bail. With a $25,000 bond, for example, that would be $2,500 – much more affordable than trying to come up with $25,000 in cash. Any adult can act as a co-signer for a defendant and pay for a surety bond.


 

Bail co-signer obligations. Who can be a co-signer in Tampa Bay? A co-signer, also known as an indemnitor, must be at least 18 years old and a United States citizen. Beyond that, individual bail bond companies have their own requirements that normally involve a credit check and a connection to the nearby Tampa community. Many companies will require collateral as well from a co-signer. The job of a co-signer is not done once the defendant has been released from jail. The co-signer must help ensure that the defendant shows up for all court hearings. If the defendant skips bail, the co-signer must attempt to locate and bring the defendant back to court.

Bail costs and options. The main cost involved with jail is if a bail bond agent is hired. The defendant, or co-signer, then must pay 10 percent of the total cost of the bail. That money is nonrefundable. Is it smarter to post a cash bond than a surety bond in order to avoid the 10 percent premium to the bail bond agent? That depends on how much the defendant or co-signer can comfortably spend. Criminal cases can be quite expensive with court costs, towing fees, attorney’s fees and other charges. If paying a cash bond limits the amount of money for those other obligations, a surety bond may be the best choice.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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