Who Sets Bond?
The purpose of requiring a bond is to ensure that you will show up in court. Generally, the arresting officer sets the bond, and the first appearance judge has the ability to raise or lower it. In Pasco, Pinellas and Hillsborough Counties there is a “Uniform Bond Schedule “, which gives the judge guidelines for what the bond should be. However, a judge can go up or down from that schedule for any reason. Judges, prosecutors, and most defense lawyers are very experienced in the law behind bond hearings and are generally able to spot a flight risk or a threat, which is why a bond amount has the potential to change. However, in determining a bond amount, a judge will typically look at:
- Ties to the community, such as the length of time the person has lived in the community, whether or not they own property in the community, if they are employed, and if they have family in the community.
- The wishes of the victim.
- The safety of the public.
- Whether or not the person has failed to appear for court hearings in the past.
If you are arrested for misdemeanor possession of marijuana your bond will probably be quite low. However, if this is your 3rd possession arrest and you have failed to appear for court hearings in the past, your bond will be higher. Also, if the victim or the victim’s family shows up at the bond hearing and says they are afraid, your bond will probably not be reduced. A victim who cares enough to show up at a bond hearing will almost always have an effect on the defendant’s request for reduction as the judge will have to consider the wishes of the victim and the safety of the public.
