When looking for a way to bond out a defendant who is in jail, it is difficult to ignore the apparent overlap between bail bondsmen and Criminal Defense Attorneys in Winter Haven. This leads people to wonder whether they need a criminal defense attorney to secure a defendant’s pretrial release. The short answer to that question is no, but defense attorneys can play an important role in getting a defendant out of jail while awaiting trial.
Are Attorneys and Bail Bondsmen the Same Thing?
No. Attorneys and bail bondsmen are not the same things. Bail bondsmen are third-party sureties who promise the court that a defendant will appear in court or that the surety will pay the full amount of the bail. Attorneys are professionals who represent defendants in criminal matters, including plea bargain negotiations, trials, and arguing for bond reductions. It is possible to be both a bail bondsman and an attorney, but the two are distinct professions with different roles in the criminal justice system.
Can a Defense Attorney Help Secure Bond?
In Florida, almost all defendants are considered bond eligible. Defendants charged with offenses that can carry life sentences or the death penalty are not eligible for bond. Also, most local areas have bond schedules. Therefore, unless the prosecution is alleging special circumstances that mean a defendant should not get a bond, a defense attorney is not necessary to secure a bond.
Can a Defense Attorney Get the Amount of Bond or Bail Reduced?
However, what attorneys can do is argue that the amount of bail is too high for a particular defendant. The purpose of bail is supposed to be only to ensure that a defendant appears at trial and excessive bail is specifically prohibited in the Constitution. However, the reality is that many bails are set so high people cannot pay the full bail amount and even struggle to pay the bond.
How Does an Attorney Get a Bond Amount Reduced?
Criminal Defense Attorneys in Winter Haven get courts to reduce the amount of a defendant’s bail by demonstrating that the defendant is not a flight risk. They do this by showing a defendant’s ties to the community, lack of economic resources to flee, prior history, and the relative seriousness of the charged offense.
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