Diligent Clearwater Arrest And Bail Bonds Lawyer
Last updated on April 23, 2025
Getting arrested and navigating the bail bond system can be overwhelming. Trying to get through the bail bond process on your own can result in complications and regret.
At the Finkelstein Firm, P.A., in Clearwater, I am a bail bond attorney who can walk you through the process and explain the best way to proceed. My name is Jenna Finkelstein, and I understand your urgency. It is important to get out of jail so that you can return to work or school.
The Difference Between Detention And Arrest
In a detention, a law enforcement officer temporarily stops you. This is usually to investigate whether you have committed, are committing or are about to commit a crime. In order to detain you, officers need to have a reasonable suspicion. This means that they must reasonably suspect that you were somehow involved in a criminal activity. During a detention, you are not free to leave. However, a detention is shorter and less restrictive than an arrest.
In an arrest, a law enforcement officer takes you into custody. In order to arrest you, they must believe that you committed a crime. Unlike a detention, an arrest requires probable cause. This means that the officer has enough evidence to believe that a crime has been committed and that you committed it. An arrest is a more formal process that can lead to criminal charges.
What Happens When You Are Arrested In Florida?
When you are arrested in Florida, there are several steps. These include the following:
- Your Miranda rights: First, the arresting officer should inform you of your Miranda rights and tell you that you have the right to remain silent and the right to an attorney. They should also explain that if you can’t afford an attorney, one will be appointed to you.
- Pat-down: Often, before placing you in a patrol car, the officer will perform a pat-down to check for weapons. This is for the officer’s safety and yours. You will then be taken into police custody and transported to a local jail or detention center.
- Intake process: Once you arrive, the intake process begins. During intake, your personal information is recorded, and your photograph and fingerprints are taken. Your belongings will be inventoried and stored. You may be required to change into jail clothing.
- Holding: After intake, you will be placed in a holding cell. Florida law gives you the right to contact an attorney and at least three attempts to contact family or friends soon after you are booked.
If you have been arrested, it is important to exercise your right to remain silent and speak with a lawyer as soon as possible. An attorney can advise you on your next steps, represent you at your hearings and protect your legal rights.
What Is A Bail Bond?
The purpose of the bail bond system is to ensure that if you are released from jail, you will still show up in court for your hearings. When someone is arrested, a bond amount is set by a judge or law enforcement. You will pay a bondsman 10% of the total amount of the bond. The bondsman then posts the full amount to get you out of jail. Some bondsmen will allow you to set up a payment plan. Collateral is not required in all cases.
How Are Bond Amounts Determined? And Can You Get A Lower Bond?
Bond amounts are typically based on the crime for which you are arrested. The state of Florida has a schedule of reasonable bond amounts, although, depending on the facts and circumstances of the arrest, the bond may be higher or lower than that which is reflected in the schedule.
Your First Hearing After An Arrest
When someone is arrested, they will appear in front of a judge within 24 hours of their arrest. The purpose of this hearing is to determine whether there is probable cause to continue incarceration. This is the first opportunity you will have to address your bond status. At the Finkelstein Firm, P.A., I can review your situation to determine whether it is likely that your bond status may change at this first appearance. I can argue for a lower bond amount at this first appearance as well.
Your second opportunity to appear before a judge for a bond hearing will usually be made at the request of your attorney. It is very important to hire an experienced lawyer to represent you for your motion for a bond reduction. All relevant information should be presented to the court in an organized and clear fashion. If your bond motion is denied, then you are only entitled to another bond hearing if there is a significant change in the circumstances of your case.
Factors That Determine The Amount Of Your Bond
When I represent a client who is challenging their bond, I will request a bond motion before the judge on your case. I will be prepared to seek the lowest possible bond for you or possibly a release on your own recognizance. The type of information the judge will consider when hearing the bond motion includes the following:
- The type of crime that you were arrested for
- The evidence that law enforcement has presented to support your arrest
- Your criminal history
- Your ties to the community:
- How long have you lived in the county in which you were arrested?
- Do you have a place to live?
- Do you have a job?
- Do you have family members in the area?
- Your financials available to post bond
- Whether you are a danger to the community
As an experienced criminal defense attorney, I can help you by presenting the facts of your case to pursue the optimal outcome and answer any questions you may have throughout the process.
Consult A Florida Bond Defense Lawyer For Free
If you need help getting someone out of jail, call the Finkelstein Firm, P.A., at 727-202-4418 or email my firm here. I am available to assist you with your arrest and bond status 24/7, and I offer free initial consultations.