If you or a loved one has been arrested for DUI in Fort Pierce, Stuart, Port St. Lucie, Vero Beach, or Okeechobee, you have the right to a reasonable bail bond, pursuant both the Florida and U.S. Constitutions. In St. Lucie County, Martin County, Okeechobee County, and Indian River County, a person arrested for DUI will most likely have the amount of their bond predetermined by a bond schedule. This schedule allows a person arrested for a DUI to post the indicated bond amount without having to wait in jail before seeing a judge. The deputy assigned to the “booking desk” should be able to provide you with that information.
Bail may be posted in one of two ways: the full amount of the bond can be paid or “posted” at the county jail, which is referred to as a “cash bond,” or, someone might prefer to use the services of a bail bond agency. If a bail bondsman is used, the defendant or his/her family is only required to pay 10 percent of the total bail amount. This 10 percent is called a “premium.” Once the premium has been paid, the bondsman is responsible for posting the full amount bail is set at. Many people prefer to use the services of a bail bond agency because of the convenience, and time of arrest. If a cash bond is posted, the person posting that bond receives the full amount back at the conclusion of the case if the defendant has made all of their court appearances. The person paying the 10 percent premium and utilizing the services of a bondsman is not entitled to a refund of the premium.
In the event that a person is arrested in Stuart, Port Saint Lucie, Vero Beach, or Okeechobee, and is unable to post bail to get out of jail, they will be taken before a judge within 24 hours. At that “first appearance hearing,” if the judge determines that there is no probable cause for the arrest he will release that person on their own recognizance, often referred to as a “ROR” bond. If probable cause is believed to exist, the judge is obligated to set a reasonable bail amount and should consider:
the nature and probability of intimidation and danger to victims; any other facts that the court considers relevant.
Though some serious crimes can result in bail not being set, there are many instances where bail is denied improperly, or, the bail amount is so great that it has the equivalence of no bond at all.
Florida Statute 316. 193(9) specifically states that an individual may only be released from custody if:
For your convenience a list of preferred bail bondsman on the Treasure Coast have been provided in our resources section.
If you have been arrested for DUI and need assistance in obtaining a bail reduction hearing, or a hearing to have bail set in Martin County, Saint Lucie County, Indian River County, or Okeechobee County, please contact the professionals at Kirschner & McEnery Law.