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

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.

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 

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.

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 

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.

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 

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.