• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Zimmerman and Zimmerman Logo
Free Consultation941-364-8503
  • Criminal Defense
    • Child Abuse and Child Neglect
    • Domestic Violence
    • Drunk Driving – DUI
    • Insurance Fraud
    • Online Sex Crimes
    • Sealing and Expunging Criminal Records
    • Violation of Probation
  • Personal Injury
    • Car Accidents
    • Dog Bites
    • Slip and Fall
    • Wrongful Death
  • Mediation
  • Education Law
  • Attorney Profiles
    • Mark R. Zimmerman
    • Laurie S. Zimmerman
  • Law Blog
  • Contact Us

Arrested in Sarasota? What Should You Do First?

May 4, 2011 by Mark Zimmerman

Difficult questions never have simple answers. Like all complex questions, the immediate answer is…it depends.

Getting Bond Posted

Is the arrestee still in jail?  If so, it might be necessary to contact a bail bondsman. If the  bond is low then the bail can be posted in full.  It will be returned in full at the conclusion of the case, assuming the arrestee made all of their court appearances. If bond is too large to make in full, then a bail bondsman will require payment, typically equal to 10% of the total bond.  That is the bondsman’s  fee, and  it will not be  returned to you.  The bondsman will also likely require that you sign over something of value as collateral to secure the bond.  This is often the title to a house, car or boat.  If the bond is so large that even paying 10% is not feasible, then effort will need to be made to lower the bond.  This requires the use of a lawyer.

Getting the Bond Lowered

There are typically two opportunities to accomplish this.  The first is at a hearing held within 24 hours of arrest, at a courtroom located within the jail.  Unfortunately, family members are unable to attend this hearing.  The technical name for this hearing is a Non-Adversarial Probable  Cause Hearing, however it is commonly referred to as a First Appearance.  If a a private attorney is not retained in time for this hearing, then an Assistant Public Defender will represent the arrestee. Public Defender’s will have little time to prepare for each hearing, so hiring a private criminal defense attorney provides an advantage in preparation and strategy.  If bond is sufficiently reduced at First Appearance, then the process of  posting bail outlined above would be followed.  Be aware that some people arrested in Sarasota are released on their own recognizance, also known as ROR.  In this instance, there is  no bail required and no other conditions of release that must be complied with.  The arrestee must simply show up in court when required.  Sadly, this circumstance has become increasingly rare in Sarasota and Manatee Counties.  More common is that arrestees are given some monetary bond and also placed on a community supervision program known as Supervised  Pretrial Release, or SPR.  In Sarasota, this program is administered  by a government agency known as  Pretrial Services.

Release Conditions

If an arrestee released from jail in Sarasota fails to comply with any of their conditions of release, Pretrial Services will forward a warrant for their re-arrest to a local Judge.  Typical release conditions include contacting Pretrial Services telephonically, appearing at their offices, submitting to urinalysis and attending counseling.  If bond is not reduced sufficiently to secure the arrestee’s release, then a Bond Reduction Hearing will need to be scheduled. This can be done as soon as  a few days from arrest, and occasionally could take several weeks. At this hearing, an attorney would present to the Judge the reasons why they should be confident that the arrestee will, in fact, appear for their scheduled court dates, and why they do not pose a danger to our community.

What If I Can’t Make Bond?

If bond is not reduced sufficiently after this hearing, it is possible that the arrestee will spend the pendency of the case  in jail.  This can occur in very serious  cases involving  certain felony charges, or where the  arrestee has a significant prior record.  In some extreme cases, the Judge will allow no bond.  This means that no amount of monetary bail can secure the arrestee’s release.  In this instance the proper motion to be filed would  be a Motion to Set Bond (as opposed to a Motion to Reduce Bond). Again, this will require the services of an attorney. Stay tuned for my future post on things to consider when hiring a criminal defense attorney in Sarasota.

Categories: Criminal Defense Tags: arrested in bradenton, arrested in sarasota, bail, bail bondsman, bond, bond reduction, bond reduction hearing, bradenton criminal lawyer, felony arrest, first appearance, post bond, pretrial release, probable cause, sarasota criminal defense attorney, sarasota criminal defense lawyer, sarasota criminal lawyer, sarasota defense attorney

Primary Sidebar

Have Questions?

    Practice Areas

    • CRIMINAL DEFENSE
    • PERSONAL INJURY
    • CAR ACCIDENTS
    • WRONGFUL DEATH
    • EDUCATION LAW
    • MEDIATION

    Our Office

    How Can We Help?

    If you have any questions please fill out the form provided or call us.






      Footer

      Zimmerman and Zimmerman Logo

      Sarasota Attorney

      • Attorney Profiles
      • Attorney Blog
      • Contact Us

      Helpful LInks

      • Sarasota Sheriff's Office
      • Sarasota County Clerk of Courts
      • Florida DMV
      • Florida Department of Corrections
      • Sarasota County School Board

      Contact

      434 S. Washington Blvd.
      Sarasota, Fl 34236
      Office: 941-364-8503
      Fax: 941-364-8423