Some Important Information About Our Bail Bonding Procedure

In many courts, if you have been able to make a bond, then you will be expected to hire an attorney to represent you. However, in some courts, if you can prove that you are indigent unable to afford to hire an attorney, then you may request the court to provide you with a court-appointed lawyer. 

The court itself must pay for the services of the court-appointed lawyer. The cost of this representation may be passed onto you at a later time, in the form of court fees. A court-appointed lawyer may be either a private lawyer who takes court appointments or may be a public defender. (See Defense Attorney.)

 

If you are in jail (Incarcerated and unable to make a bond), you may hire your own attorney or if you are indigent the court will automatically appoint an attorney to represent you. If you are unable to make a bond and are indigent, the court will appoint your lawyer within 24 hours of incarceration. You will be contacted by the lawyer, but may not actually meet with the lawyer until the police files a case against you. This may take up to 72 hours.

 

If you are arrested and you are not a U.S. Citizen, in most cases the INS (Immigration and Naturalization Service) will place a hold on you. This hold will keep you in jail, whether or not you are able to make a bond. The way in which your criminal case is handled will directly affect your resident status. This should be one of the main issues you discuss with your attorney. If at all possible, you should seek the advice of an attorney who specializes in immigration issues

 

Class B Misdemeanor – confinement for a term not to exceed 180 days in the county jail; and/or a fine not to exceed $2,000. Example: DWI (“drunk driving”), criminal trespass, theft by check $50 to $500, evading arrest, or detention.

 

Class A Misdemeanor – confinement for a term not to exceed one year in the county jail; and/or a fine not to exceed $4,000. Example: a second DWI, assault, burglary of a vehicle, unlawfully carrying a weapon.

 

Third Degree Felony – confinement for a term, from two to 10 years in prison; and an optional fine not to exceed $10,000. Example: a third DWI, indecency with a child, kidnapping, possession of a firearm by a felon.

 

Second Degree Felony – confinement for a term, from two to 20 years in prison; and an optional fine not to exceed $10,000. Example: aggravated assault or kidnapping (if the victim is released unharmed), arson, robbery, sexual assault.

 

First Degree Felony -confinement for life or a term, from five to 99 years in prison; and an optional fine not to exceed $10,000. Example: murder, aggravated kidnapping, robbery, or sexual assault.

 

Capital Felony – punishment in prison for life or death penalty. If the State does not seek the death penalty, upon conviction, an automatic life sentence is imposed. Where the State seeks the death penalty, upon conviction, the jury must answer questions, which may result in either a sentence of life imprisonment or the death sentence. Example: Murder during the commission of another felony, such as kidnapping, rape, or robbery.

Misdemeanor cases are filed by the police agency with the District Attorney’s Office. If the District Attorney’s Office decides to prosecute the case, a document is created called information. (The information is a written statement filed and presented on behalf of the State of Florida by the district attorney, charging the defendant with an offense.) It provides the defendant with notice as to the offense for which he stands charged.

 

Once information has been processed, a file is generated and the case is randomly assigned to one of 12 misdemeanor courts.

 

Felony level offenses are filed by the police agency with the District Attorney’s Office. The District Attorney’s Office then generates a charging instrument known as an indictment. (An indictment is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.) The indictment puts the defendant on notice regarding the charges being brought.

 

Once the paperwork has been generated, the case is then set to be heard by the grand jury. (The grand jury is a panel of citizens who briefly review the information provided by the police who then make a determination whether there is sufficient evidence to believe that an offense has occurred.) Any person charged with a felony offense has an absolute right to have his/her case indicted by the grand jury.

 

Once filed, a felony case is randomly assigned to one of 15 felony courts. It may take two to three weeks before a case is actually heard by the grand jury. The grand jury will either issue a true bill of indictment or a no bill.

If you are in jail, you will be brought to the court in the jail chain (inmates are brought to the courts in groups through secured access tunnels). You will not be brought to court on your own request but at the request of the court or the attorney representing you. In most courts, this occurs within two business days after your arrest. If you are not brought down to the court or notified that an attorney has been appointed to your case, then you should request the sheriff in the jail allow you to send a Form to the court. (A form available to inmates in the jail, which allows them to contact the court directly without going through the regular mail procedures.)

 

If you are set for a jury trial, you will be dressed out in the clothes you were booked into jail in. Family or friends may bring you proper street clothes for the trial (see discussion of proper clothes below). The clothes should be taken to the jail, and the sheriff will keep them there until needed or your attorney will be able to give them to you the day of the trial. At all other times when you are brought to court, you will be dressed in jail whites.

 

If you are on bond, you will be notified by mail (at the address you gave the jail when you were released) as to which court your case has been assigned, the court date and the time you are to appear. On your court date, you should go directly to that court. Each court posts a docket sheet in front of the courtroom. The docket sheet lists the name of each person who has a court setting on any particular day.

Misdemeanor Cases: This process begins once the case has been filed by the police and the District Attorney’s Office drafts information.

 

Felony Cases: This process begins when the Grand Jury issues a true bill of indictment. Once the case has been indicted, the process begins.

 

 

If in jail, the person will be brought to the court on the jail chain. If the defendant cannot afford to hire an attorney and if a lawyer has not already been appointed for the defendant, one will be appointed at this time.

 

 

Generally, a case may be set for announcement two to three times. A person on the bond may be required to appear in court every time the case is set on the court’s docket, regardless of the type of setting and regardless of whether that person’s attorney must also appear. If the person is in jail, he or she will not be automatically brought to the court for announcement settings, unless the defense attorney has requested the court to bring the person to the court in the jail chain.

 

 

In many courts, once a case is set for a trial of any kind, any plea bargain offer is considered rejected and may not be offered again.

 

 

In a misdemeanor trial, there are six jurors who hear the evidence presented in the trial. At the felony level, there are 12 jurors. There are three possible phases to each jury trial. They are: voir dire (jury selection phase); guilt / innocence phase (the time during the trial when evidence is presented); and, if the person is determined to be guilty, the punishment phase.

 

A jury’s decision with regard to guilt or innocence must be unanimous (this means that all six or 12 people must reach the same conclusion as to the guilt or innocence of the person on trial). If the jury does not reach a unanimous verdict, the judge may declare a mistrial (also known as a “hung jury”) and the case may be retried.

 

A defendant who has been found guilty of an offense may choose whether the jury or the judge will set his or her punishment.

 

In a bench trial, the judge determines the guilt or innocence of the defendant and sets the punishment.

 

 

Assistant District Attorney – An Assistant District Attorney is a lawyer employed by the District Attorney. There are two to three Assistant District Attorneys assigned to each court. They are responsible for the prosecution of all cases assigned to the court. They conduct jury and bench trials, as well as making plea bargain recommendations. They have no contact with the defendant other than through the defendant’s attorney.

 

 

Court Coordinator – This person works for the judge and handles the day-to-day business of the court. The coordinator is usually responsible for determining if a person is eligible to receive a court-appointed lawyer and is well informed with regard to the policies and procedures of each individual judge. If you have questions regarding court appearances and any other similar matters concerning your case, you may contact this person.

 

Court Clerks – The clerks assigned to each court do not work directly for the judge, but rather, work for the county or district clerk’s office. They process all the paperwork that is generated in the court. They determine a person’s back time (time already spent in jail) and calculate applicable fines and court costs. Court Bailiff – This person is an employee of the Collier County Sheriff’s Department. The bailiff is responsible for ensuring the safety of the court, handling jail prisoners, or those taken into custody in the court. They may also call the docket of the court and inform the judge if a defendant has appeared in court on the proper day and time.

 

Children and Court – While it is important for a person charged with an offense to have family members and/or friends present for a trial or sentencing on a case, it is seldom, if ever, beneficial to have small children present. If there is a possibility that you may be arrested in the court or sentenced to jail time, you should not bring children to the court unless you have someone to care for your child in the event you are placed in jail. The court may actually contact CPS (Child Protective Services) to take the child into custody if a parent is going to jail.