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Difference Types Of Pretrial Release

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Pretrial release in the State of Florida is an all-encompassing term that may refer to any manner in which an accused person can get out of jail after an arrest.

The simplest and most straightforward form of pretrial release is known as an "ROR," or "release on recognizance."  This means that you don't have to spend any money in order to get out of jail.  You are simply released.

Not all crimes and not all defendants qualify for an ROR.  More serious crimes, such as those designated by Florida's new bond statute, may have a pre-determined monetary bond, or may require you to appear before a Judge (first appearance or bond hearing).

The second best (I guess you could say) form of pretrial release is just a monetary bond.  This is an amount of money that must be paid in order to effectuate the accused's release from jail.  Most people will use the services of a bail bondsman; others may opt to post a cash bond (full amount but it's refundable upon the closure of the case).  A bail bondsman requires a 10% fee for their services.  So if your bond is $10,000, you will pay the bondsman $1,000, and they will post the $10,000 bond.  The fee you pay is the markup for their service and the risk they incur if you fail to appear in Court.

Another form of bond is known as Pretrial Services, which may not require you to post a monetary bond but you will be supervised and will be required to report.  There may also be other conditions of Pretrial Services, such as drug testing, anger management counseling, or other conditions set by the Court.  Failure to report or abide by the conditions may result in you being taken back into custody.  

For some crimes, namely drug trafficking and financial crimes, you may be required to provide a Nebbia Proffer, in addition to posting the bond.  This is a requirement that means the accused has to show the source of the bond premium funds to demonstrate that proceeds from criminal activities are not being used to pay a bond.

For other crimes - either dangerous crimes for which pretrial detention is ordered, or non-bondable charges that are punishable by life, the accused will remain in jail unless a bond is set by the Court.