Thursday, May 7, 2020

How Do the Courts in Volusia County Determine Bail Amounts?

When setting bail amounts, judges consider the defendant's criminal record, potential threat to others, flight risk, and age. In Volusia County, Flagler County, and other counties in Florida's 7th Judicial Circuit, the courts have a bail schedule that takes into account these factors, as well as the details of the case. Below is a breakdown of the bail amounts for different criminal offenses.

How Much Is Bail for Burglary?

A wooden gavel sitting on its side
Burglary refers to the unlawful entry of any building with the intent to commit a crime. The circumstances surrounding the case will have a big impact on the defendant's bail. It can vary from $2,500 to $30,000. Breaking into someone's home will cause the burglary to be considered a violent crime and increase the bail amount.

How Much Is Bail for a Concealed Weapon?

Illegally carrying a concealed weapon is a non-violent felony charge. It can have more serious ramifications if the suspect is a felon because convicts aren't allowed to own a firearm in Florida unless they've received clemency. Having a concealed firearm without a permit usually has a bail amount between $2,500 and $5,000.

How Much Is Bail for Drug Possession?

Drug possession charges depend on the amount that the defendant had when taken into custody. The bond for misdemeanor possession of fewer than 20 grams of marijuana is $500. However, if someone is caught with a considerable quantity of a controlled substance, they may be charged with drug trafficking. In Volusia County, the bail amounts for drug trafficking can range from $25,000 to $500,000 based on the severity of the charges.

How Much Is Bail for Stalking?

The law defines stalking as a prolonged period of willful, malicious monitoring of another person with the intention of causing them emotional duress. Typically, someone's first stalking charge with no previous restrictions will be a misdemeanor with a bail of $500. However, if the defendant violates a restraining order and commits aggravated stalking, no bail will be granted because it's assumed that they will continue to pose a threat to the victim.

Regardless of the amount, posting bail can be frustrating and confusing after you've been arrested. That's why Bob Barry Bail Bonds offers 24/7 bail bond services in Volusia County. As the oldest bail bond agency in the area, we know the ins and outs of the system. Plus, our office is located right by the jail in Daytona Beach. If you need help posting bail, call us today at (386) 258-6900.

Tuesday, February 18, 2020

Things You Can and Can't Do When Out on Bail

Getting arrested can be a harrowing experience. However, in most cases, once arrested and put in jail, a person has the right to be released on bail. The judge imposes the bail amount and conditions of the release after consideration of various factors, such as the severity of the crime, the nature of the crime, and the individuals' criminal record. Below are the do's and don’ts when out on bail.

Choose the Right Company

Spending time with friends and family is allowed and encouraged while out on bail. This often helps people stay out of trouble and continue a healthy lifestyle. However, destructive company is discouraged. For example, if an arrest was for a crime related to substance abuse, it's wise to stay away from situations and people that may lead to a repeat of this.

Travel Limitations

Travel both within and outside the city is still possible, especially if it is not a federal crime and it is the offender's first arrest. Varying factors are considered by a judge when declaring the travel allowances of a bail release. For example, a history of missing court dates could attract a flight risk tag limiting travel. In case an individual needs to travel while on bail release, they must communicate this with their lawyer and their bondsman.

Avoid Illegal Activities

Staying away from illegal activities while out on bail should be obvious. However, some people still engage in unlawful activities, and sometimes that leads to a consequent arrest. A consequent arrest nullifies the bond paid, and the individual waits out their time in jail instead of at home with their family as intended.

Go to Work

Going back to work or seeking formal employment is considered a plus while out on bail. It shows that someone is a productive member of society, which could help to strengthen their case during their court appearance.

Posting bail for yourself or a loved one can be a tedious and frustrating matter, especially if you are unaware of the procedures. In such cases, it is advised to seek out a trusted and qualified bail bond service. Bob Barry Bail Bonds is available 24 hours a day, seven days a week. We're the oldest bail bond company in Volusia County and treat everyone fairly and with respect. Contact us today at (386) 258-6900 for 24/7 bail bond assistance in Daytona Beach, FL.

Friday, December 20, 2019

Missing a Court Date After Posting Bail: What Happens?

As part of the bail bonds process, the person who is released from jail after posting bail agrees to appear in court every time he or she is required to do so. Whether it's intentional or not, failing to show up to a court date can quickly lead to serious consequences that will require legal help to remedy. Here's a look at what may happen when someone misses a court date.

Bond Forfeiture

Handcuffed hands behind someone's back
After a bail amount is set by the court, individuals in custody often seek assistance from a bail bond company to post bail and get released. In exchange for bond services during the bail bonds process, the person facing charges pays a percentage of the total bail and agrees to appear in court as required for the duration of his or her case. When an individual fails to appear in court, the court may revoke the amount he or she paid to get out of jail in the first place.

Additional Charges and Re-arrest

Skipping out on a court date doesn't magically make charges disappear. In fact, Florida law allows prosecutors to file additional criminal charges for failing to appear, which means that a new arrest warrant can be issued. When a person fails to appear in court on misdemeanor charges, he or she may be charged with an additional misdemeanor; failing to appear on felony charges may lead to an additional third-degree felony charge.

Unavoidable Circumstances

Individuals who have jumped bail still have the right to due process, even as it applies to any new failure to appear charges. Sometimes, people miss court dates due to unavoidable circumstances, such as serious illness. If the accused and his or her lawyer can prove that the failure to appear was not willful, additional charges may be dropped.

Individuals facing charges and their families are often confused, overwhelmed, and in need of knowledgeable, personalized assistance. Bob Barry Bail Bonds offers bail bonds services, warrant checks, and on-site notary services to residents of the Daytona Beach area. To learn more about our services, contact us today by calling (386) 258-6900.

Monday, May 13, 2019

The Consequences of a DUI

Florida drivers can be charged with driving under the influence (DUI) if they have a blood alcohol level above 0.08 or refuse to take a field sobriety test. In addition to the severe safety hazards created by driving under the influence, a DUI carries serious legal consequences, even for first-time offenders.

First Florida DUI Conviction 
A gavel, keys, and alcoholic beverage

First-time DUI offenders will receive a fine between $500 and $1,000 and up to six months in prison. This is increased to between a $1,000 and $2,000 fine and up to nine months imprisonment if the blood alcohol level was over 0.15 or a minor was in the vehicle.

In addition, the convicted person loses his or her license for at least 180 days and up to one year, or at least three years if bodily injury was involved. The vehicle can be impounded for up to 10 days.

Second Florida DUI Conviction

Second-time DUI offenders will receive a fine between $1,000 and $2,000 and up to nine months in prison. This is increased to a fine between $2,000 and $4,000 and up to 12 months imprisonment if the blood alcohol level was over 0.15 or a minor was in the vehicle. If the second offense takes place within five years of the first offense, 10 days imprisonment is mandatory.

Additionally, the person loses his or her license for five years, although he or she can apply for a hardship reinstatement in certain circumstances. The vehicle can be impounded for up to 30 days if the first offense was less than five years ago.

Third Florida DUI Conviction

A third DUI within 10 years of a prior conviction carries a fine of $2,000 to $5,000 and up to five years in prison. This is increased to a $4,000 minimum fine if the blood alcohol level was over 0.15 or if a minor was in the vehicle. If the third offense takes place within 10 years of the second offense, 30 days imprisonment is mandatory.

The offender will also lose his or her license for 10 years, although he or she can apply for a hardship reinstatement in certain circumstances. The vehicle can be impounded for up to 90 days if a previous offense was less than 10 years ago.

When a family member is arrested for DUI or another offense and bond is required for bail, loved ones need respectful, trustworthy assistance from Bob Barry Bail Bonds in Daytona Beach. Call (386) 258-6900 24 hours a day, seven days a week or complete our contact form for assistance.

Tuesday, March 26, 2019

How Do I Get a Public Defender?

Suspects facing criminal charges are at some point given the Miranda warning and informed of their rights, which include the right to an attorney regardless of their ability to pay for one. Public defenders usually take on the cases of those who are unable to hire a private lawyer. But who are public defenders, and how does one qualify for their services?

The Public Defender Myth 
Law books and a gavel

A common misconception is that public defenders are somehow not as effective or helpful as privately hired attorneys. While it's true that their workloads are often heavier than a private lawyer's, public defenders have completed law school, passed the bar exam, and taken on the responsibility of defending clients to the best of their ability. The only differences between them and private attorneys are their salary and the funds and resources they have available for each case.

The Work of Public Defenders

Public defenders are prepared to help clients through every step of their cases, from initial arrest proceedings and the bail bonds process all the way to trial. Just like private attorneys, public defenders have a team of investigators, paralegals, and legal secretaries working behind the scenes to help with a client's case. Though public defenders sometimes assist their team with setting up appointments, contacting witnesses, and drafting paperwork, their primary responsibility is representing defendants in court.

Because they're tasked with handling a diverse caseload, public defenders are often familiar with legal statutes that apply to a variety of criminal matters. They may represent a defendant facing drunk driving charges in one case and then a defendant who's on trial for murder in another. This wide range of trial experience can sometimes give public defenders an advantage over private attorneys.

Qualifying for a Public Defender

The services of public defenders are generally reserved for defendants who can't afford to hire a private lawyer. To be considered for a public defender, defendants must fill out an application that details their current income. In Florida, people whose annual salaries are equal to or less than double the federal poverty guidelines for household income should qualify as indigent; however, a judge will have the final say on appointing a public defender.

The team at Bob Barry Bail Bonds treats every client with dignity and respect regardless of income level and has served clients in Daytona Beach since 1979. Located across the street from the Volusia County Jail, we offer 24/7 bail bonds service If you or a loved one are arrested, contact our office at any time by calling 386-258-6900.

Tuesday, January 22, 2019

Understand the Types of Criminal Warrants in Florida

In Florida, there are three common types of warrants issued by judges, including arrest warrants, bench warrants, and violation of probation (VOP) warrants. Although they all give authorities the power to make an arrest, they’re all issued for different reasons.

Arrest Warrant 
A gavel being used in a court room

An arrest warrant is issued by a judge after being presented with probable cause that someone committed a crime. This gives police the authority to search, arrest, and detain that person. The subject of an arrest warrant can be arrested anywhere and will be taken to jail, booked, and possibly held until arraignment. In some cases, the judge may set bond. The bail bond process allows the accused the opportunity to resume normal activities until their court date.

Bench Warrant

A bench warrant is less serious than an arrest warrant, but it should still be taken very seriously. This time, the warrant is issued for missing a mandatory court date. Once the person misses the court date—even if it was for something as simple as a traffic violation—their name is entered into a database that lets police know they should be taken into custody. Police usually don’t actively search for someone with a bench warrant, but any interaction with them will end in an arrest. Many people don’t know when a bench warrant has been issued for them. A warrant check can avoid an unexpected surprise, and a good defense lawyer can be a valuable asset for anyone with a bench warrant already issued in their name.

Violation of Probation Warrant

Violation of probation, or VOP, warrants may be issued in Florida when a person has violated their terms of probation. The judge has to be presented with evidence that the person did indeed commit the violation. Depending on the location or type of crime originally committed, the person may or may not be eligible for bond.

If a loved one has been arrested, or if any type of warrant has been issued for you or a family member, it’s important to contact an experienced defense attorney for guidance. In Daytona Beach, if the judge has set bond, Bob Barry Bail Bonds can help secure release for your loved one until their court date. Call us today at 386-258-6900 to learn more about 24/7 bail bonds.