Jail Release Basics In Palm Beach County

Prompt jail release, which is guaranteed by the Eighth Amendment, may be the most overlooked and most important step in the criminal defense process. Note that “prompt” is a subjective word that means different things in different contexts. Many defendants don’t even have lawyers at the initial jail release stage.

Delayed jail release usually means a West Palm Beach criminal defense lawyer is behind the eight-ball when the case goes to court. Indeed, many incarcerated defendants are so anxious to “get it over with” that they accept the state’s first offer, especially if that offer includes probation and even if an effective defense is available. In other words, extended pretrial detention basically transforms the presumption of innocence into a presumption of guilt.

Initial Options

Despite the Eighth Amendment’s guarantee, Florida local jails have one of the highest percentages of unsentenced inmates in the country. In other words, many people are in jail although they haven’t been convicted of a crime, or even formally charged with one. To expedite the release of unsentenced inmates, per the Eighth Amendment, three forms of immediate jail release are usually available:

• Own Recognizance: Inmates who face nonviolent misdemeanor charges and have clean criminal records are usually eligible for pretrial release. If a review board approves their applications, the sheriff releases these inmates. The inmate must pay a small fee and promise to go forth and sin no more.
• Bail Bond: Release conditions are much more restrictive for bail bonds, the most common pretrial release mechanism. Most bonding companies charge about a 10 or 15 percent premium to write a bail bond, which is something like an insurance policy against skipping bail.
• Cash Bond: Limited conditions, much like OR conditions, also apply if the inmate posts the entire amount in cash. Cash bond is basically a security deposit. If the inmate posts the entire amount in cash (a few jurisdictions take credit cards), the inmate gets most of that money back when a West Palm Beach criminal defense lawyer resolves the case.

Blanket release conditions that apply to everyone include remaining in the county, avoiding legal trouble, and appearing at all required hearings. Some judges require defendants to appear at pretrial procedural hearings and some don’t. Judges also often impose offense-specific conditions, such as an IID (ignition interlock device) in a DUI and a keep-away order in an assault.

Subsequent Reconsideration

If the inmate faces multiple charges or a single serious charge, like murder or sexual assault, most sheriffs don’t set presumptive bail amounts. Or, the amount they set is so steep no one can possibly afford it.

The sheriff decides such matters based solely on the person’s criminal history and the nature of the pending charges. At a subsequent bail reduction hearing, the judge considers these factors along with many others, such as the inmate’s ability to pay, connections with the community, and likelihood of flight.

Usually, defense lawyers resolve these matters out of court. For example, the state may agree to a (relatively) low bail amount if the inmate agrees to electronic monitoring house arrest.

Contact a Thorough Palm Beach County Lawyer

Criminal cases usually involve procedural, substantive, and/or procedural defenses. For a confidential consultation with an experienced criminal defense lawyer in West Palm Beach, contact William Wallshein P.A. Attorney William Wallshein has more than 41 years of experience, including five years as a prosecutor in Palm Beach County.