What Is Bail After Conviction?

Most people are familiar with the basics of bail in criminal court proceedings. A person charged with a crime can post bail with the court and be released while awaiting trial. The bail acts as a sort of security deposit. If the defendant shows up for the trial, the bail money is returned by the court. If the defendant fails to appear, the court keeps the deposit. People are less familiar with the concept of bail after conviction, available in limited instances to allow people to stay out of prison while their guilty verdict is under appeal.

Post-conviction Bail

The biggest factor in determining whether bail after conviction will be allowed is the nature of the crime and the length of the sentence. In Florida, anyone convicted of a violent crime, including murder, rape, and aggravated battery, will not be eligible for bail while waiting on appeal. Bail won't be allowed when the sentence is for a substantial amount of time, as courts are concerned the desire to avoid a long prison sentence will encourage too many people to skip town while their case is on appeal.

Judicial Discretion

While state law sets the boundaries for what kind of bail after conviction is allowed, a defendant does not have the right to stay out of prison while their conviction is appealed. The trial court judge has significant discretion in deciding whether or not to allow bail. The judge will consider a number of factors, such as whether the defendant is a flight risk, whether they pose a risk to the community, and whether there is any legitimate ground for the appeal.

The agents at A Wesley Chapel Bail Bonds LLC have decades of experience working within the criminal justice system. Our bail bonds service can help you with pre-trial or post-conviction bail, and answer all your questions along the way. Contact us today for assistance.

What's the Difference Between Parole and Probation?

Although the terms probation and parole are often confused or even used interchangeably, they are two distinct programs within the U.S. criminal justice system. Both of them allow offenders to either limit or avoid prison time under certain circumstances. Here are the key similarities and differences between parole and probation.

Timing 

Probation is typically granted instead of a prison sentence after a conviction, while parole is granted after the offender has already served a portion of their prison sentence. In both cases, the convict must show that they desire rehabilitation by fulfilling specific requirements.

Supervision

While on parole, the offender is supervised by the parole agency in his or her jurisdiction. Individuals who are on probation are also under court supervision. Supervision can be either active or passive. During active supervision, offenders must check in with their assigned parole or probation officer. Passive supervision is a privilege that can be earned after a specified interval of active supervision. It is also sometimes granted to those who have committed less severe crimes.

Conditions

For probation, the conditions are set by the judge during sentencing. For some crimes, parole can be granted by a judge. In other cases, parole is mandatory based on state or federal sentencing requirements.

While on probation, individuals are typically required to pay fines and fulfill other requirements of their sentences, including living in an approved residence, undergoing counseling, making restitution, abstaining from the use of drugs and alcohol, avoiding relationships with individuals associated with their case, and forgoing possession of weapons and firearms.

People who have been granted parole must meet similar requirements. However, they usually also have to have a job, stay within specific geographical boundaries, avoid contact with their victims, attend drug and alcohol counseling, submit to regular drug and alcohol testing, and avoid contact with known criminals or those associated with their cases.

If one of your family members or loved ones has been arrested, A Wesley Chapel Bail Bonds LLC can help. We assist clients with bail bonds 24 hours a day, seven days a week. For more information, visit our location or call 813-973-4444.

Common Misdemeanors Committed in the State of Florida

Florida residents end up in jail for many reasons, ranging from somewhat minor misdemeanors to felonies punishable to the full extent of the law. Below are some of the most common misdemeanors that residents of the Sunshine State commit to end up behind bars.

Marijuana Possession

Medical cannabis is legal with a physician’s recommendation in Florida, but it is illegal to be in possession of the drug without one. Anyone caught with less than 20 grams of cannabis in their possession could be charged with a first-degree misdemeanor. This is punishable by up to a year in jail, a year’s probation, and a $1,000 fine. However, possession of more than 20 grams is considered a third-degree felony and could lead to more severe consequences.

Petty Theft

Petty theft, or petit theft, occurs when someone steals (or attempts to steal) property valued at less than $300 from another party. To be convicted, the state must prove that the action was intentional and that the defendant specifically intended to temporarily or permanently deprive the owner of their property. This second-degree misdemeanor is punishable by up to 60 days in jail. However, second offenses may be charged as first-degree misdemeanors, carrying maximum punishments of a year in prison and suspension of the offender's driver’s license.

Driving Under the Influence

A DUI can occur when one is driving or in physical control of a vehicle while under the influence of alcohol, controlled substances, or chemical substances that cause impairment, or when a driver’s blood alcohol level is at 0.08 or above. A first offense is usually considered a misdemeanor with significant consequences, including fines of up to $1,000. If convicted, drivers could also face up to six months in prison, vehicle impoundment, probation, and license suspension. However, charges and punishments could be more severe with higher blood alcohol levels, minors in the vehicle, or injuries caused to other people. Additional offenses carry even heftier punishments.

These are some of the most common misdemeanors committed in Florida, but the bail bondsmen at A Wesley Chapel Bail Bonds LLC provide bail bonds services to Florida residents and visitors who have been accused of committing all sorts of misdemeanors, ranging from trespassing to disorderly conduct. If you are ever charged with a crime, we may be able to help you get out of jail or post bail for your loved one. Learn more about the bail bond process and call A Wesley Chapel Bail Bonds LLC at 813-973-4444 at any time to learn how we may be able to help in your situation.

You're Under Arrest: Now What?

Whether innocent or guilty, no one ever wants to be taken to jail. Being arrested is a stressful and intimidating process, and many people, unfortunately, forget about their rights and end up making the situation much worse. Here's what people should and should not do if they're ever arrested.

Remain Calm, Polite, and Unresistant 

Whatever the circumstances, no good can come from being disrespectful, combative, or resistant while under arrest. Remaining calm and polite will make the whole process run more smoothly, from the first interaction with an officer to the moment it's time to seek bail bond services for release. However, it's also important to remember that being calm and reasonable during an arrest does not mean giving up rights.

Don't Consent to a Search

If someone from law enforcement asks permission to search a suspect's person or property, then it may be because the officer lacks the proper warrant or probable cause to perform the search without consent. Regardless of whether there's potentially incriminating evidence present, it's within everyone's right to refuse permission to search. And again, politeness is key; a simple, respectful statement that the officer does not have permission is sufficient.

Exercise the Right to Remain Silent

Everyone has the right to remain silent throughout the arrest process, and it's best to exercise that right in every situation. Police famously notify suspects that anything they say can and will be used against them, and it's the truth. There's no way to talk one's way out of trouble, but there are many ways to make self-incriminating statements long before it's time to post bail, regardless of guilt or innocence. Other than disclosing basic personal information (name, date of birth, address, etc.), suspects should always keep quiet until a lawyer is present.

Remember: Everyone Gets a Lawyer

When under arrest, it's comforting to remember that everyone is entitled to a lawyer, regardless of ability to pay. Since it's likely that all spoken and written communications are monitored and recorded while in police custody, it's imperative that suspects share key details and information only with an attorney. Whether privately hired or publically appointed, a lawyer is every suspect's first and most important line of defense.

When it's time to post bail, the agents of A Wesley Chapel Bail Bonds LLC are ready to help. We provide thorough follow-ups and offer our clients guidance throughout the entire bail process. Contact us online or call us 24/7 at 813-973-4444 today to learn more about our services.

How Do I Post Bail for My Loved One?

Getting a call from a loved one who has been arrested is some of the worst news a person can receive. A thousand questions may run through a person's mind, but the first priority is getting their loved one out of jail and back with family. For most offenses, a person will be released when they post bail. Here are the steps that need to be taken in that process.

Gather the Information 

If the arrestee calls, find out where they are being held and what their booking status is. If the person doesn't call or doesn't know all the information, use the court or law enforcement agency's website to search for real-time information on arrests. Figure out where they are being held and how long it will take for them to be processed. In some cases, they may have to wait for a first appearance to set bail, but many crimes have pre-determined bail amounts. With the information on where they are being held and the bail amount, it's time to post bail.

Contact a Bail Bondsman

Bail is essentially a deposit that the court holds as surety that the person will show up for later hearings. While the amounts vary, bail is generally more than most people can afford on their own. For those who don't have thousands of dollars on hand to post bail themselves, a bail bondsman can put up the money in exchange for a non-refundable fee of 10 percent of the bail amount. If bail is $10,000, for example, it will cost $1,000 to have a bondsman post bail and get them out.

Arrange a Ride and a Rest

After posting bail, or after a person is released on their own recognizance, they will need a ride from jail. Getting arrested and sitting in jail, with nothing but time on their hands and anxiety on their minds, is a shaking experience for anyone. Seeing the face of a loved one and being taken somewhere safe to rest is something that will be greatly appreciated.

Have more questions about posting bail or how bail works in general? Check out our Bail Bonds 101 guide or see frequently asked questions from others who have been through this. For help reuniting with a loved one, A Wesley Chapel Bail Bonds LLC is here for you. We can guide you through the entire process and make this difficult time as easy as possible on you. We are available 24/7. Call us at 813-973-4444 to get your loved one out of jail now.

What Is Collateral for Bail Bonds?

Bail bonds provide a way to pay bail for when an individual who has been arrested and/or their family members cannot afford to do so. This type of bond requires collateral, which is an item of value that guarantees the bail amount.

How Collateral Works 

During the bail bond process, the bond agent receives a fee of a percentage of the bail amount along with collateral in exchange for paying the full amount to the court. In Florida, this fee is set at 10 percent with a minimum payment of $100. If the person does not appear at their court date as promised, the collateral is sold to repay the bond agent. If the court date goes as planned, the collateral is returned and the bond agent retains the fee and recoups the bond amount.

Common Types of Collateral

To work as collateral, an asset must be worth at least the full bail amount. Many bond agents accept jewelry, deeds to a home or vehicle, and interest in other forms of property. This can include an RV, motorhome, motorcycle, snowmobile, boat, camper, ATV, land holdings, mineral or natural resource rights, real estate equity, savings and investment accounts, precious metals, valuable stones, or even electronic devices.

Physical collateral items will be held in a secure location until the bail amount is returned. For larger items such as cars or real estate, the deed will usually serve as collateral and will be held by the bond agent. If the conditions of bail are not met, the property can be repossessed and sold by the bond agent.

Trusted Bail Bondsman

Family members who need bail bond assistance for a loved one and have questions about the process can receive trustworthy guidance from A Wesley Chapel Bail Bonds LLC. We have more than three decades of experience in the criminal justice system and understand that time is of the essence when dealing with legal issues. Call us at 813-973-4444 or contact us online. We're available 24 hours a day, seven days a week.

Tips for Hiring the Right Criminal Defense Attorney for an Upcoming Arraignment

When someone is charged with a crime, a good criminal defense attorney can make all the difference. Criminal charges should be taken seriously, as a criminal record can come with hefty penalties and life-long consequences. From negotiating plea deals to developing defense strategies, the right attorney should have the knowledge, skills, and experience needed to guide clients through the legal system. What some defendants don't realize, though, is that having legal counsel during an arraignment is just as important as during a trial.

What to Look for in a Lawyer for a Pre-trial Hearing 

If someone has been accused of a crime, then the next step will be the arraignment and bond hearing. This is where a judge decides whether or not to set bail. If the defendant is not well versed in legal terms and the criminal process, then there's the chance that he or she may improperly answer the judge's questions. Defense attorneys can attempt to reduce the amount of bail set by the judge. With so much at stake, it’s important to put some effort into this search right from the start.

Only in severe instances are pre-trial detentions used. Bond can be denied to those who have skipped bail before, have a previous record of violent crimes, or were detained/arrested with a large quantity of drugs on person. After weighing the possible danger of the defendant to the community and considering previously mentioned factors, an appropriate monetary bail amount is determined. At that point, defense attorneys can help connect those accused of a crime with a reputable bail bonds company that can answer any questions about posting bail, such as whether to pay with cash, through a surety bond, or with collateral.

Other Steps to Take Before an Arraignment

Read Reviews and Testimonials: Referrals from friends or family are helpful when searching for a lawyer, and online research is a great alternative for those not wishing to publicize their case among people close to them. Many attorneys post testimonials from satisfied clients on their websites. Yelp is a good place to find helpful reviews from happy and unhappy clients alike.

Check Attorney Ratings: Client testimonials are helpful, but they may be based on the outcome of the case, not their lawyer’s expertise or quality of work. Avvo (www.avvo.com) and Martindale Hubbell (www.martindalehubbell.com) rate attorneys based on their case history, years of experience, achievements, industry recognition, and other factors. These websites can help those charged with a crime find a lawyer with the knowledge and skill set they need.

Maintain Communication: With so much on the line, there’s no room for a breakdown in communication. Anyone facing criminal charges will turn to their lawyer with many questions, with the expectation that the lawyer will respond quickly. An unresponsive attorney—or one who gives dishonest or wishy-washy answers—isn’t setting the client up for success. Attorneys dedicated to their clients will make it a priority to provide honest answers and regular updates.

Hiring a Quality Attorney Goes Hand in Hand With Finding a Reputable Bail Bonds Company

A Wesley Chapel Bail Bonds LLC provides bail bonds services, and we’ve seen the difference a good lawyer can make. The best lawyers have proven track records, good ratings, and a dedication to their clients. Finding the right attorney could mean the difference between jail time and community service, so we encourage you to do your research.

If you ever find yourself in trouble with the law, we’ll do our part to help you secure your freedom. Contact A Wesley Chapel Bail Bonds LLC today at 813-973-4444. Our bail bondsmen are available 24/7!