370) Is Bond / Bail different in State Court & Federal Court? ~ #HaberPA Miami Criminal & DUI Lawyer
Channel: Michael Haber
Date: 26/04/2020

Thanks for asking me “Is Bond / Bail different in State Court than in Federal Court?” 

Although the concept of bail is the same (to both protect society and to ensure the Defendant’s presence) there are some significant differences in both protocol and procedure between the State and Federal systems.

In State Court in FL - and no matter what the amount of bond is - you have a choice:  You can either post the full amount with the Clerk or Jail, or you can hire a bondsperson and pay a flat 10% fee to a licensed surety.  So, if the bond is $10,000.00 you can either post the full $10,000.00 or you can pay a flat 10% fee - or $1,000.00 - to a licensed surety, who may or may not require you to deposit collateral for the remaining 90%. 

In contrast, the federal court system employs 3 different types of bond: 1) A "Signature Bond" is an unsecured bond that basically boils down to nothing more than your signing a promise to appear that has a built in penalty of owing whatever the amount of bond should you fail to appear: 2) A "10% Bond", where whatever the amount of bail that’s set by the Court anyone can post 10% of that amount in cash with the Clerk of Court on your behalf ; and C) A "Corporate Surety Bond", which requires a licensed surety to financially guarantee - by way of an insurance policy written by a bail bond agency - that the Defendant will appear in court, and requiring a flat 15% premium be paid to the corporate surety.

Apart from these protocol and procedural variations there are also significant differences in the standard conditions of bond, with FL State Courts being significantly more lenient in regard to fundamental conditions such as ability to travel.  That said...

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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