The purpose of a bail in Florida criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant. Under Florida law, when determining whether to release the defendant on bail or other conditions and what the amount of bail should be, the court must consider numerous statutorily delineated criteria. They are: (1) the type of offense charged; (2) the extent of evidence of guilt; (3) the defendant’s ties to the community; (4) the defendant’s criminal history, if any, and any previous incidents of flight or failure to appear; (5) any danger to the community posed by defendant’s release; (6) whether defendant’s offered bond funds are derived from unlawful activities; (7) whether defendant is already on release pending resolution of another criminal proceeding or completion of a sentence; (8) the street value of any drug or controlled substance related to the criminal charge; (9) the nature and probability of intimidation and danger to victims; (10) whether there is probable cause to believe the defendant committed a new crime while on pretrial release; (11) whether the crime charged is for a gang-related offense or one for which defendant would have to register as a sexual offender or predator; and (12) any other factors the court considers relevant.
The practice of requiring money bail for pretrial release is common in the majority of jurisdictions in the United States. But, a series of recent lawsuits and an increasing body of research has raised concerns about its effectiveness and potential to discriminate based on race and income.
On April 29, 2017 a federal judge in Houston ordered Harris County to stop the pretrial detention of people arrested on misdemeanor charges because they cannot afford bail. The ruling occurred in a case where a woman arrested for driving without a license spent more than two days in jail because she could not make her $2,500 bail. In a 193 page order, Judge Lee H. Rosenthal wrote “Harris County’s policy is to detain indigent misdemeanor defendants before trial, violating equal protection rights against wealth-based discrimination and violating due process protections against pretrial detention.” The judge pointed to statistics indicating 40 percent of those arrested for misdemeanors in the county had been detained until their cases were resolved. Continue reading